ECP fails to issue gazetted notifications: Polls winner of over one seat asked to retain only one seat

ISLAMABAD: Despite failing to issue the gazetted notifications of the returned candidates on various National Assembly seats within the stipulated deadline on Thursday— the Election Commission of Pakistan (ECP) has asked the candidates who have won more than one seat of the respective assemblies in the general elections to retain only one seat and vacate the rest—in accordance with the relevant constitutional provisions.

The poll body, in a statement on Thursday, asked the poll winners of more than one seats in the general polls to vacate the additional seats and retain only one seat by submitting the related applications to the ECP Secretariat or provincial offices concerned.

Article 223(2) of the Constitution of Pakistan provides that if a candidate is elected to more than one seats, they shall, within a period of 30 days, after the declaration of the result for the last such seat, resign all but one seat, and if they don’t, all the seats to which they have been elected shall become vacant at the expiration of the 30-day period except the seat to which the candidate has been elected last, or, if they are elected to more than one seat on the same day, the seat for election to the nomination was filed last is to be retained.

Currently, however, the notifications of several NA returned candidates remain pending.

Section 98(1) of the Elections Act 2017 reads that on receipt of the final consolidated result from the returning officer, the Commission shall, within 14 days from the date of the polls, publish in the official gazette the name of the contesting candidate who has received the highest number of votes and stands elected.

Keeping in view that the general elections were held on February 8, the ECP was required to issue the gazetted notifications of the poll winners latest by Thursday (February 22)—but it failed to do so.

The Constitution's Article 91(2) provides that the NA shall meet on the 21st day following the day on which a general election to the Assembly is held, unless sooner summoned by the President.

This implies that February 29 is the cut-off date to summon the NA session.

Meanwhile, the poll body has notified the returned candidates on the reserved seats for Punjab and Sindh Assemblies.

Pakistan Muslim League Nawaz (PML-N) has 36 seats reserved for women, followed by three seats of Pakistan Peoples Party (PPP), two seats of Pakistan Muslim League Quaid (PML-Q) and one seat of Istehkam-e-Pakistan Party (IPP) in PA. The PML-N has got five seats reserved for non-Muslims in PA.

In SA, PPP has got 20 women-reserved seats, Muttahida Qaumi Movement Pakistan (MQM-P) has got six seats, and Grand Democratic Alliance (GDA) has got one women-reserved seat. PPP has got six non-Muslim-reserved seats and MQM-P has got two seats in SA.

Copyright Business Recorder, 2024