The Election Commission of Pakistan (ECP) has prohibited unelected members of the Khyber Pakhtunkhwa (KP) Provincial Assembly on reserved seats from participating in the upcoming Senate elections scheduled for July 21. The ECP declared that these MPAs, representing women and non-Muslims, cannot vote or engage in assembly business until they are sworn in.
ECP Secretary Omar Hamid Khan communicated the urgency of the situation in letters to KP Governor Faisal Karim Kundi and Chief Minister Ali Amin Gandapur. Khan emphasized the necessity of convening a provincial assembly session to administer oaths to the recently elected representatives. He explained that the electoral college required for the Senate elections remains incomplete without this crucial constitutional step.
Khan stated, ‘The Commission is constitutionally mandated to hold the Senate elections on the announced date, July 21.’ He pointed out that the oath-taking ceremony has been pending despite notifications being distributed to the successful reserved seat candidates on July 2. The ECP secretary noted that the KP Assembly speaker was previously contacted on July 4 regarding the oaths. However, the speaker replied that a session was not underway and could not be called without a formal summons.
Referencing Article 109 of the Constitution, the ECP reminded the governor of his power to convene the assembly. The letter stated, ‘Given these constitutional and legal requirements, I have been directed by the ECP to request the Governor of KP to utilize his constitutional authority and summon the Provincial Assembly promptly.’
A separate communication to the chief minister urged him to advise the governor, under Article 105, read with Article 130 of the Constitution, to convene the assembly session. This would allow the elected members on reserved seats to be sworn in and participate in the Senate vote. The ECP also referenced a Peshawar High Court ruling in W.P No. 1617-P/2024 (Shazia Tamash Khan vs. Federation of Pakistan), dated March 27, 2024, directing the KP chief minister and provincial cabinet to ensure the oath-taking occurs according to Article 105.
The ECP concluded its correspondence by highlighting the provincial leadership”s constitutional duty to facilitate the oath-taking without further postponement to ensure the smooth execution of the Senate elections.