Senate's vacant seat: ECP rejects Balochistan PA Speaker's plea to postpone election

ISLAMABAD: The Election Commission of Pakistan (ECP) on Monday rejected a request from Speaker Balochistan Assembly Abdul Quddus Bizenjo to postpone the election on Senate seat (from Balochistan) that fell vacant after the death of Kulsoom Pareevn, and announced holding the election on the same date decided earlier - January 14, 2021.

The Commission said it received a letter from Speaker Balochistan Assembly in which he had requested to postpone the election on the said seat. The request was endorsed by Chairman Senate Sadiq Sanjrani, the ECP said in a statement.

However, the ECP rejected the request and announced holding the poll on the Senate seat as per previously announced schedule. Last week, the ECP announced election on January 14 on the Senate seat that fell vacant due to the death of Kalsoom Parveen. She succumbed to coronavirus last week. She was elected as senator on Women seat from Balochistan on Pakistan Muslim League Nawaz (PML-N) ticket in March 2015 and was one of the 52 senators who were retiring from Senate in the coming March.

Following her death, the ECP is constitutionally bound to hold election on the relevant Senate seat twice in less than two months - first to fill the vacancy caused by her death and then to hold Senate elections.

Unlike National Assembly and provincial assemblies where by-polls cannot be held, keeping in view Article 224 (4) of the Constitution, if 120 days or less remain in the expiry of the relevant legislature's term, there is no such provision in Senate election that bars election on a vacant seat ahead of the expiry of Senate's term.

Article 224 (5) 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."

Article 224 (4) reads, "When, except by dissolution of the National Assembly or a Provincial Assembly, a seat in any such Assembly has become vacant not later than one hundred and twenty days before the term of that Assembly is due to expire, an election to fill the seat shall be held within sixty days from the occurrence of the vacancy."

Copyright Business Recorder, 2020