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ISLAMABAD: Prime Minister Imran Khan has assured Finance Minister Shaukat Tarin that he will be given a Senate seat – a prerequisite to continue as finance minister – as his six months’ tenure to elect him a member of parliament is going to expire on October 13, 2021.

Tarin confirmed this development to reporters in an informal chat at the Parliament House on Wednesday where he attended Pakistan Tehreek-e-Insaf (PTI’s) parliamentary party meeting, chaired by Prime Minister Imran Khan. The finance minister stated that the “good news” about the Senate election will be announced soon.

With his six-month term expiring on October 13, he will be elected as senator before his term’s expiry in order to continue as finance minister otherwise, he can run the affairs of Finance Ministry as an advisor or a special assistant to the prime minister but not as finance minister.

Operating as an advisor or special assistant bars him, as per the Supreme Court verdict, from chairing the Economic Coordination Committee (ECC), the highest economic decision-making body in the country, as well as attending the cabinet unless invited.

While rubber-stamping his instructions as an advisor or as a special assistant is possible, yet reports indicate that Tarin is reluctant to violate the court’s instructions in letter and spirit.

In a related move that was seen as paving Tarin’s way to get elected as a senator from Punjab, President Arif Alvi, on August 31, promulgated the Elections (Third Amendment) Ordinance 2021. This ordinance inserts Section 72-A in the Elections Act 2017.

This Section provides that the seat of a returned candidate shall become vacant, if he will fully does not take oath within 60 days from the date of the first sitting of National Assembly or Senate or within 40 days of the commencement of the Elections (Third Amendment) Ordinance 2021.

The promulgation of this article means that Pakistan Muslim League-Nawaz (PML-N) Senator-elect Ishaq Dar’s seat would become vacant if he fails to take oath by October 9—keeping in view that the 40-day period, in case of Dar, ends on the said date.

However, if Tarin is to replace Dar, then the government would have to eventually legislate on the Elections (Third Amendment) Ordinance 2021 to make it a law. An ordinance’s extended life is eight months and if legislation is not done to make it law within this period, the ordinance permanently lapses.

This implies that, if, within eight months, starting from August 31, the government fails to convert the Elections (Third Amendment) Ordinance 2021 into law then, Tarin’s election on Dar’s seat could stand nullified.

Requesting anonymity, a senator from the ruling PTI told Business Recorder that Tarin will be elected as a senator from Khyber Pakhtunkhwa, as a PTI senator has agreed to resign on the condition that he would be made governor KP.

An additional reason for not supporting Tarin’s candidacy from Punjab, as per reports, is due to the concern that if elected from Punjab, a stay order may possibly be issued in which case Tarin would not be eligible to operate as a finance minister in an effective and meaningful manner.

Other PTI parliamentarians on condition of anonymity told Business Recorder that the cantonment board elections in which PML-N won 51 seats against PTI’s 28 seats in Punjab may have compelled the PM to consider buttressing his Buzdar government in Punjab by allocating the seat to either: (i) a coalition partner— and in this context— it is relevant to note that the PM, after around three years of resistance, was finally compelled to grant a cabinet position to Moonis Elahi or (ii) a cohesive group of electables that may be tempted to abandon the party in the next elections or one that can be tempted to join PTI in the next elections.

If these reports are accurate, then the de-seating of a sitting senator can take place well in time for Tarin to be elected by October 13. However, sources said, “if this takes place even tomorrow,” Tarin would still have to wait for the Election Commission of Pakistan (ECP) to announce the election schedule to fill the vacant seat and it is ECP’s discretion to hold the elections within 30 days on any Senate seat that falls vacant.

It is highly unlikely that ECP would hold these elections in just four days which would be the time allowed if Tarin is to be elected on Dar’s vacant seat; but there would be 13 days if he replaces the KP senator whose resignation is still awaited, the source said.

Tarin was appointed by the PM as Finance Minister on April 16 and his six-month term started the next day, April 17, after he sworn in, which ends on October 13.

Copyright Business Recorder, 2021

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