ISLAMABAD: The Election Commission of Pakistan (ECP) on Tuesday reserved its verdict on a plea of not administrating the oath to the newly elected members on the reserved seats in the Khyber Pakhtunkhwa assembly.
Headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja, a five-member bench including members Nisar Ahmed Durrani, Shah Muhammad Jatoi, Babar Hassan Bharwana, and Justice (Retd) Ikram Ullah Khan, heard the petition.
The proceeding was attended by the MPAs elect Jamila Paracha, Afshan Hussain, Amna Sardar Faiza Malik, Shazia Jadoon, and Suresh Kumar. The MPAs elect argued that they were being denied the opportunity to take their oath as members of provincial assembly of Khyber Pakhtunkhwa.
Complainants’ counsel Shah Khawar, said that the ECP issued notification for the petitioners on reserved seats on March 4, and it was the responsibility of the Speaker Khyber Pakhtunkhwa Assembly to convene the session and administer the oath. The Speaker is constitutionally obligated to convene the assembly session. He argued that the April 2, Senate elections should be held only after administering the oath.
The Chief Election Commissioner questioned how the ECP could instruct the Speaker of the assembly regarding the delay in administering the oath to the newly elected members on reserved seats.
A representative from the Khyber Pakhtunkhwa assembly stated that the Speaker has not refused to administer the oath, but rather argued that the summoning of the assembly session by the Governor was illegal.
Shah Khawar emphasized that the ECP should not intervene in the internal affairs of the Khyber Pakhtunkhwa assembly proceedings.
The Secretary of the Khyber Pakhtunkhwa assembly mentioned that it needs to be examined whether the Governor has the authority to summon the assembly session without a summary from the relevant authorities. The oath will be administered promptly following the session.
The Director General of Law at ECP affirmed that it is the fundamental responsibility of the commission to conduct elections. Moreover, the commission has jurisdiction over oath-taking procedures. ECP can provide directives concerning the oath-taking process of members and intervene if there are any delays in the speaker’s administration of the oath.
