PESHAWAR: PTI leader Irfan Saleem has filed a petition in the Peshawar High Court (PHC) against the election commission’s decision of suspending its order of de-seating PTI leader Murad Saeed.
Irfan Saleem’s lawyer Ali Gohar Durrani has filed petition in the PHC making the election commission and Jalal Khan MPA as party in the case.
Petitioner has been a candidate of the Senate seat from Khyber Pakhtunkhwa vacated after Murad Saeed was de-notified from the senate by the ECP in its March 25 order over Saeed’s conviction on March 07 by an anti-terrorism court.
The election commission on April 23 issued election schedule for the senate seat and petitioner Irfan Saleem had filed nomination papers for the election.
Later, MPA Jalal Khan appeared before the commission and stated that Murad Saeed had been elected senator but did not take the oath of office thus the seat could not be declared as vacant.
Petitioner Irfan Saleem argued that the Election Commission of Pakistan (ECP) on 21 April suspended the senate election. The ECP had declared the seat vacant under Article 63(1)(h) of the Constitution. Murad Saeed or any other person didn’t challenge the election commission’s order at any forum, according to the plea.
“The election commission has misinterpreted Article 63,64 and 65 of the constitution”, petitioner argued.
“It is mandatory to hold election on the Senate’s vacant seat within 30 days period,” according to petition. “An elected representative could not sit in the house or cast vote. A seat of the house could not be kept blocked owing to not taking oath by the elected representative,” petition argued.
Petitioner pleaded to the high court to declare the ECP’s order and its August 27 notification as unlawful and void.
