ISLAMABAD, July 3: The Election Commission of Pakistan announced on Thursday that by-election on a seat vacated by MMA MNA from Kohat, who was disqualified for possessing a sanad from a religious institution not equivalent to a bachelor degree, would be held on Aug 16.

According to the announcement, in consequence of the judgment by the Election Tribunal, NWFP, the election of Mufti Ibrar Sultan has been declared void, and the Chief Election Commissioner has called upon the electorates of NA-14 to elect their new representative.

CEC Justice Irshad Hasan Khan (retired) is at present in England, and the decision to hold by-election in Kohat has been made in his absence. An official of the EC told Dawn that Justice Irshad Hasan would be back in days.

The CEC left the country one week ago but no acting CEC was appointed.

Article 217 of the Constitution, requires that when at any time the office of the Chief Election Commissioner is vacant, or the Commissioner is absent or is unable to perform the functions of his office due to any other cause, a judge of the Supreme Court, nominated by the Chief Justice of Pakistan, shall act as Commissioner.

No such appointment was made.

Mufti Ibrar Sultan, disqualified on the ground that his sanad was not equivalent to a graduation degree, has not yet approached the Supreme Court against the election tribunal decision.

Under the rules, he can approach the Supreme Court within 30 days. The rules, however, require the CEC to immediately give schedule for by-election.

The schedule announced by the EC said that filing of nominations would start from Saturday (July 5) and the polling will be held on Aug 16.