ECP suspends by-polls schedule for 3 NA seats

The Election Commission of Pakistan (ECP) has suspended the schedule for by-polls on three National Assembly seats in the Khyber- Pakhtunkhwa (K-P) province.

A notification issued by the election supervisor on Wednesday said the schedule would remain suspended until the Peshawar High Court (PHC) announces its verdict of the petitions filed by the Pakistan Tehreek-e-Insaf (PTI).

The ECP on February 24 declared vacant three National Assembly seats in the K-P—NA-22 Mardan, NA-24 Charsadda and NA-31 Peshawar—after the NA speaker accepted resignations of the PTI lawmakers, who were elected to those seats in 2018 polls.

By-polls on the seats were scheduled for April 30.

The PTI’s former lawmaker had later approached the PHC with a plea to declare holding of by-polls in their respective constituencies unconstitutional.

They contended that Article 224(4) of the Constitution declares that if a general seat of the lower house falls vacant not later than 120 days before the expiry of that assembly’s term, it should not be filled.

They said the term of the National Assembly would expire on August 14 and polling could not be held in the constituencies in view of the said article.

The petitioners said by-elections would not only be a waste of money but also be a deviation from the Constitution. Many other constitutional problems were likely to arise by following the schedule, they added.

Six seats—the three seats mentioned above and three seats in Punjab—along with a seventh seat—NA- 45 Kurram—were won by PTI Chairman and former premier Imran Khan during by-polls in October 2022.

However, as under the Constitution, Imran could only retain one National Assembly seat, the ECP issued the notification through which the PTI chief was de-notified at the six other seats.

The three seats in question were earlier declared vacant after resignations of the petitioners were accepted by the National Assembly speaker leading to by-polls on October 16 last year.

Earlier in March, the ECP had called off by-elections in 37 National Assembly constituencies in light of the decisions of the high courts concerned.

The by-elections had been triggered after National Assembly Speaker Raja Pervaiz Ashraf accepted the resignations of the PTI lawmakers earlier this year.

A total of 123 PTI MNAs resigned en masse on April 11 last year – two days after the PTI chief was removed from the post of the premier through a no-confidence vote.