ISLAMABAD: The Election Commission of Pakistan (ECP) on Friday formally withdrew its April 2 notification for a by-election to a general Senate seat from Khyber Pakhtunkhwa, which it had declared vacant following the disqualification of PTI senator-elect Murad Saeed.
In a notification, the ECP withdrew the election programme issued to “fill one general seat” in the Senate from KP, in pursuance of an order dated Aug 20.
The withdrawal came a week after critics accused the ECP of assuming the role of a court by interpreting the Constitution to hold that no lawful vacancy had arisen.
Senate elections for 11 vacant KP seats were held on July 21 last year, with Murad Saeed declared a returned candidate for a general seat on July 24, 2025. However, he was convicted by an anti-terrorism court on March 7 this year and sentenced to 10 years in prison. Subsequently, on March 25, the ECP determined that he had been disqualified under Article 63(1)(h) of the Constitution and declared his seat vacant.
Since senator-elect never took oath, his disqualification doesn’t create a vacancy, ECP observes
The by-election was scheduled for April 23 in the KP Assembly but was halted after PML-N MPA Jalal Khan challenged the process, arguing that no lawful vacancy existed.
In its detailed order, the ECP held that the Constitution distinguishes between a “returned candidate” and a “Member of Parliament”. It said a person is required to take an oath before assuming office. “Until the administration of the prescribed oath, a returned candidate remains a person elected to the House and does not attain the constitutional status of a member,” the order pointed out, adding that resignation or disqualification could create a vacancy only after membership had been established. Since Murad Saeed had never acquired parliamentary membership, his disqualification could not result in a vacancy, it noted.
The commission consequently accepted the application and withdrew the April 2 election programme.
The withdrawal notification is available on the ECP’s website, but the order on which it is based has not been posted.
Published in Dawn, August 29th, 2026
