ISLAMABAD: The controversial backdated acceptance of Makhdoom Javed Hashmi’s resignation as a member of the National Assembly forced the Election Commission of Pakistan on Monday to announce a schedule for the by-election on the seat with squeezed timelines for the electoral process.

Mr Hashmi, the estranged leader of Pakistan Tehreek-i-Insaf, was elected from NA-149, Multan.

According to the schedule, a public notice will be issued by the returning officer on Sept 17 and nomination papers for the by-election will be filed on Sept 22 and 23. Scrutiny of the papers will be held on Sept 24 and 25. The last date for filing of appeals against acceptance or rejection of nomination papers is Sept 27.

The tribunal will dispose of appeals on Sept 29 and last date for withdrawal of candidature is set at Sept 30. The revised list of candidates will be published on Oct 1 and polling will be held on Oct 16.

National Assembly Speaker Ayaz Sadiq had accepted Mr Hashmi’s resignation with effect from Aug 18.

“Makhdoom Mohammad Javed Hashmi has tendered his resignation from NA-149 (Multan-II) on the 18th August, 2014 under clause (1) of Article 64 of the Constitution of the Islamic Republic of Pakistan and thereupon his seat has become vacant with effect from the same date,” read a notification issued on Sept 3 with the signatures of NA Secretary Mohammad Riaz.

A source close to Mr Hashmi, however, insisted it was not the case. He said resignations of 31 PTI legislators, including that of Mr Hashmi who formally announced resigning during the joint session of parliament on Sept 2, had been submitted to the NA secretariat on Aug 22.

Sources told Dawn that the ECP had written a letter to the National Assembly Secretariat advising it to declare the seat vacant from the date of issuance of the notification.

Article 224 (4) of the Constitution says, “When, except by dissolution of the National Assembly or a provincial assembly, a seat in any such assembly has become vacant, not later than 120 days before the term of the assembly is due to expire, an election to fill the seat shall be held within 60 days from the occurrence of the vacancy.”

That means the ECP is required to complete the process by Oct 17.

The ECP has managed to do it this time, but the letter has been written keeping in view the scenario of acceptance of resignations submitted by 31 PTI legislators with retrospective effect in the same manner.

The commission has decided to appoint the Regional Election Commissioner, Multan, as district returning officer and the district election commissioner as returning officer. The decision has been taken after refusal by the Lahore High Court to spare judicial officers for poll duties, pointing out that there was no room for it under the judicial policy.

It is believed that Mr Hashmi will contest the by-poll as an independent candidate and the PML-N and PPP will not field their candidates against him.

Published in Dawn, September 16th, 2014