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ISLAMABAD: The Election Commission of Pakistan (ECP) on Tuesday reserved its verdict on a plea against delay in administration of oath to the newly elected members of the Khyber Pakhtunkhwa assembly on reserved seats.
A five-member bench, headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja, heard the petition.
MPAs-elect Jamila Paracha, Afshan Hussain, Amna Sardar Faiza Malik, Shazia Jadoon, and Suresh Kumar, who attended the proceedings, argued they were being denied the opportunity to take oath as KP MPAs.
The counsel for the complainants, Shah Khawar, said since the ECP issued notification for the petitioners on reserved seats on March 4, it was the responsibility of KP Assembly speaker to convene the session and administer the oath.
The attorney also urged the ECP to ensure that the April 2 Senate elections are held only after the administration of oath to the MPAs elect.
But the CEC questioned the legal position if the ECP could instruct the speaker of an assembly to administer oath to the newly elected members on reserved seats.
A representative from the KP Assembly stated that the speaker had not refused to administer the oath, rather argued that the summoning of the assembly session by the governor was illegal.
Advocate Khawar agreed that the ECP should not intervene in the internal affairs of the Khyber Pakhtunkhwa assembly proceedings.
On the other hand, the KP Assembly secretary mentioned it needed to be examined whether the governor had the authority to summon assembly session without a summary from the relevant authorities. The oath will be administered promptly, following the session.
Later, the director general (law) of the ECP affirmed that it was the fundamental responsibility of the commission to conduct elections. Moreover, the commission also has jurisdiction over oath-taking procedures. The ECP can issue directives concerning the oath-taking process of members and intervene if there are any delays in the administration of the oath.
Published in Dawn, March 27th, 2024
