The Election Commission of Pakistan (ECP) on Friday withdrew its April 2 notification for a Senate by-election in Khyber Pakhtunkhwa.
The commission had scheduled the election to fill a general Senate seat previously won by PTI’s Murad Saeed. However, the ECP later reconsidered the vacancy after reviewing constitutional provisions.
The commission issued its latest notification under an order dated August 20. It formally cancelled the earlier programme for filling the KP Senate seat.
Senate elections for 11 vacant KP seats took place on July 21, 2025. Saeed emerged as a returned candidate for a general seat on July 24.
ECP Reviews Murad Saeed’s Senate Status
Saeed later faced legal proceedings that affected his eligibility for the Senate. On March 7, an Anti-Terrorism Court in Rawalpindi sentenced him to 10 years.
The ECP subsequently ruled on March 25 that Article 63(1)(h) disqualified Saeed. It therefore declared his Senate seat vacant and scheduled a by-election for April 23.
However, PML-N MPA Jalal Khan challenged the decision and argued that no lawful vacancy existed. The petition prompted the ECP to halt the election process.
Commission Explains Constitutional Position
In its detailed order, the ECP distinguished between a returned candidate and a Parliament member. It said election results alone do not grant someone constitutional membership.
The commission cited Article 255(3), which addresses oath requirements before entering an office. It noted that a person enters an office only after taking the required oath.
The ECP also referred to Article 65 of the Constitution. The provision prevents lawmakers from sitting or voting until they take the prescribed oath.
Consequently, the commission concluded that Saeed never became a Senate member. Therefore, it said no lawful vacancy existed that required a by-election.
