ISLAMABAD: Confusion prevails in upper house of the parliament, as the Election Commission of Pakistan (ECP) announced the schedules for the presidential elections on March 9, followed by polls on six Senate seats on March 14.

The six Senate seats fell vacant after the election of the members of the upper house of parliament to the national and provincial assemblies.

Article 223 of the Constitution clearly bars double membership. Under sub-section 4 of the Article, if a member of either house of the parliament or of a provincial assembly becomes a candidate for a second seat, which he may not hold concurrently with his first seat, then his first seat becomes vacant as soon as he is elected to the second seat.

On Friday, however, at least two ‘strangers’ attended the Senate session in violation of the clear constitutional provision. They included Nisar Khuhro and Jam Mehtab Dahar, both from Pakistan Peoples Party, who have already been elected as members of the Sindh Assembly.

Two ‘strangers’ attend session of the upper house of parliament

Names of both are on the list of six Senators whose seats have fallen vacant and where elections are to take place on March 14.

Others on the list include Yousaf Raza Gilani and Maulana Abdul Ghafoor Haideri who won National Assembly seats, Sarfraz Bugti and Prince Ahmed Omar who won Balochistan Assembly seats. Mr Bugti, who had taken the oath as caretaker interior minister in August, had resigned in December last year to contest election for the provincial assembly seat.

It is also a legal question as to why the office of Senate Chairman Sadiq Sanjrani has not been declared vacant, following his election as member of the Balochistan Assembly.

Constitutional expert and former Senate chairman Mian Raza Rabbani, when contacted for comments on Article 223 of the Constitution, said the law was very clear and a seat of a sitting member of the parliament automatically becomes vacant after his election to another assembly.

As per the official schedule released by the ECP on Friday, the elections for the coveted office of President will be held on March 9 for which nomination papers can be submitted till Saturday noon.

According to the commission, scrutiny of nomination papers will be completed by March 4, whereas nomination papers can be withdrawn on March 5. A final list of candidates will be published on March 6 and the polling will be held on March 9.

Earlier on Sept 8, 2023, Dr Arif Alvi completed his five-year term, but had to continue for another six months in the absence of the electoral college.

Under Article 44 of the Constitution, the president is elected for five years, but a proviso to it says he will continue to hold office till his successor enters upon the office.

Under Article 41(4) of the Constitution, the election to the president office is to be held not earlier than 60 days and not later than 30 days from occurrence of the vacancy. The law, however, says that if the National Assembly is dissolved, the elections will take place within 30 days after the general elections.

Senate polls on 14th

The ECP also announced that election on the six Senate seats would be held on March 14.

According to the schedule, nomination papers can be submitted on Saturday and Sunday after which a list of candidates will be displayed on March 3, while the scrutiny of nomination papers will be completed by March 5.

Likewise, appeals on nomination papers can be submitted till March 7 and tribunals will dispose of appeals by March 9, nomination papers can be withdrawn by March 10.

The polling for the Senate seats will be held in the National Assembly for one seat, Sindh Assembly for two seats and Balochistan Assembly for three seats of the upper house of the parliament.

Published in Dawn, March 2nd, 2024