ISLAMABAD: Election Commission of Pakistan (ECP) Thursday announced election on January 14, 2021 on the Senate seat that fell vacant due to the death of Kulsoom Parveen while the poll body now has to hold by-polls on nine legislative seats - including those of provincial assemblies and National Assembly — to complete the electoral college for Senate elections, following the death of Member National Assembly (MNA) Pir Noor Muhammad Shah Jillani.
According to a notification issued by the Commission, public notice by Returning Officer inviting nominations for the Senate seat was issued on Thursday while the polling would be held on January 14 at Quetta Assembly Building in Balochistan’s provincial capital.
Outgoing Senator Kulsoom Parveen on Monday succumbed to coronavirus. She was elected a 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.”
On Thursday, MNA Noor Muhammad Jillani from Pakistan People’s Party (PPP) succumbed to COVID-19. The development implies that ECP is required to hold by-election on NA-221 Tharparkar-I that got vacated following Jillani’s death, to complete electoral college for Senate polls.
So far, the electoral body has announced by-polls on eight legislative seats. These include three seats of Sindh Assembly; PS-43 Sanghar-III, PS-88 Malir-II and PS-52 Umerkot-II, two seats of National Assembly; NA-45 Kurram-I and NA-75 Sialkot-IV, and one seat each of Punjab Assembly; PP-51 Gujranwala-I, Khyber Pakhtunkhwa Assembly; PK-63 Nowshera-III and Balochistan Assembly; PB-20 Pishin-III.
On Monday, ECP announced polling date of February 16 for by-elections on PS-43 Sanghar-III, PS-88 Malir-II and PB-20 Pishin-III while it announced polling date of February 19 for by-polls on remaining four seats NA-45 Kurram-I, NA-75 Sialkot-IV, PP-51 Gujranwala-I and PK-63 Nowshera-III.
Last Friday, the ECP announced by-election schedule for PS-52 Umerkot-I where by-poll would be held on January 18 next year.
In terms of early elections, Senate polls are constitutionally possible anytime between February 10 - March 11 next year, as per Article 224(3) and keeping in view the term of 52 or half of the senators expires on March 11, 2021.
Article 224(3) reads, “An election to fill the seats in the Senate which are to become vacant on the expiration of the term of the members of the Senate shall be held not earlier than thirty days immediately preceding the day on which the vacancies are due to occur.”
The polls can also take place 30 days within the expiry of the senators’ term in accordance with Article 224 (5). This indicates that the cut-off date for Senate elections is April 10, 2020.
Copyright Business Recorder, 2020
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