ISLAMABAD: The Election Commission of Pakistan (ECP) on Tuesday reserved its verdict in a case regarding the suspension of the schedule for a Senate by-election in Khyber Pakhtunkhwa.

The ECP had postponed the by-election for the Senate seat that fell vacant following the disqualification of PTI’s Murad Saeed, on an application moved by a PML-N lawmaker, just two days before the by-election was scheduled to take place.

A three-member bench headed by Chief Election Commissioner Sikandar Sultan Raja heard the case on Tuesday, while counsels for both sides appeared before the commission.

Article 224 (5) of the Constitution reads “When a seat in the Senate has become vacant, an election to fill the seat shall be held within thirty days from the occurrence of the vacancy”.

Yasin Raza, counsel for the petitioner and KP lawmaker Jalal Khan, argued that the law governing by-elections was clear and that the Constitution provided for three processes of conducting elections.

He contended that Murad was only a successful candidate and not a senator, as he had neither taken the oath of office nor signed the register.

“Murad Saeed is not a member of the Senate,” he said.

Raza added that the Constitution was silent on the issue and did not recognise an illegal election.

“The Senate seat is neither vacant nor is he a member. The ECP should clarify this,” he submitted.

Nisar Durrani, an ECP member from Sindh, asked what powers the Senate chairman would have if a senator did not take their oath, and whether constituencies would fall vacant if four to five members failed to do so.

Ali Gohar Durrani, counsel for PTI candidate Irfan Saleem, said Murad had been disqualified in March and the ECP had issued the by-poll schedule on March 25.

He argued that under the Elections Act, once a schedule is issued, it cannot be withdrawn unless a candidate dies — a practice also followed in general elections.

Durrani further said Murad was a member but had not taken the oath, adding that the ECP had itself declared the seat vacant on March 26.

The CEC asked how the commission’s March 26 decision declaring the seat vacant should be viewed. Durrani replied that there were three distinct grounds for a member’s disqualification.

In rebuttal, Raza said Murad was not representing the province and that an election was a matter of public law.

The commission reserved its judgment after concluding the arguments.

The PTI had fielded Irfan Saleem for the April 23 by-election. Regarded as a loyalist of PTI founder and former prime minister Imran Khan, Saleem was expected to win the seat, given the party’s strength in the Khyber Pakhtunkhwa provincial legislature.

Critics believe that the ECP’s decision to postpone the by-election was aimed at preventing Saleem from entering the Upper House of Parliament.

On March 7 this year, an anti-terrorism court (ATC) in Rawalpindi handed Murad a 10-year sentence in a May 9 riots case.

The ECP had declared the seat vacant at the time of announcement of the by-poll schedule.