ISLAMABAD: After de-notifying Nawaz Sharif as member of the National Assembly, the Elec­tion Commission of Pakistan on Friday commenced the process for holding by-polls on the NA-120 (Lahore) seat vacated by him.

“The commission has asked the provincial election commissioner to send names for appointment as district returning officer, returning officer and assistant returning officers, besides proposing the name for appointment as tribunal in consultation with the chief justice of the Lahore High Court,” an official of the ECP told Dawn.

He said the name proposed for the appointment of a tribunal is sent to the president for approval. The schedule for by-election would be issued in a week or so after meeting these formalities, he added.

Tough contest expected for Lahore constituency of NA-120

Article 224(4) of the Constitution reads: “When, except by dissolution of the National Assembly or a Provincial Assembly, a [general] seat in any such Assembly has become vacant not later than one hundred and twenty days before the term of that Assembly is due to expire, an election to fill the seat shall be held within sixty days from the occurrence of the vacancy.”

In reply to a question, the official said that according to Section 108(1) of the Representation of People Act, “When the seat of a member becomes vacant, the [Commissioner] shall, by notification in the official Gazette, call upon the constituency concerned to elect a person to fill the seat for such constituency before such date as may be specified in the notification, and thereupon the provisions of this Act and the rules shall apply, as far as may be to the election to fill such seat: Provided that, notwithstanding anything contained in subsection (1) of section 11, the days for the several stages of an election shall be such as may be specified in the aforesaid notification.”

He said in general elections 42 days are required to be given for submission of nomination papers, their scrutiny, publication of the final list of candidates and the polling day, but in a by-poll the time for this process is squeezed normally to 30 days.

He said although the law provides for holding a by-election within 60 days, the entire process was likely to be completed in around 40 days from the date of vacancy.

Published in Dawn, July 29th, 2017