Disqualification of senators: PTI to secure both seats from Punjab Assembly

ISLAMABAD: The loss of two Pakistan Muslim League-Nawaz (PML-N) senators caused by their Supreme Court-sanctioned disqualification will stay even after the election to fill these vacancies will be held.

The Pakistan Tehreek-e-Insaf (PTI) will bag both the seats vacated by Sadia Abbasi and Haroon Akhtar due to their disqualification. “Given the numerical strength of the PTI in the Punjab Assembly, which will elect the two senators, it will secure both the seats,” leading constitutional expert Wasim Sajjad told The News.

He said since the two MPs were disqualified on the same day, the election for their replacements will be arranged on one day. This is also what the Elections Act provides. Wasim Sajjad said had the two disqualified senators been elected on the general seats, the PML-N and PTI would have got one seat each.

Haroon Akhtar was elected on the general seat while Sadia Abbasi returned on the special woman seat. The election for the general seat will be held while the female topping the list of the PTI provided to the Election Commission of Pakistan (ECP) or the one it will give the electoral forum will be declared elected. For both the cases, the PTI has the majority.

The PTI faces a low numerical position in the Upper House of Parliament. Its coalition partners are also not in a position to add much to its tally. It will have three senators from Punjab – Dr Shahzad Wasim and two others who will be elected now. All the other senators from the majority province belong to the PML-N because of its firm hold over the outgoing Provincial Assembly.

Since the term of both Sadia Abbasi and Haroon Akhtar was to last till 2024, the new senators will have the same tenure of almost six years. Under section 127 of the Elections Act, when, before the expiration of the term of the office of a member elected to the Senate, his seat becomes vacant or is declared vacant or his election is declared void, the ECP shall call upon the members of the Provincial Assembly, the National Assembly or the members of the National Assembly elected from the Federally Administered Tribal Areas (Fata), as the case may be, to elect a person for the purpose of filling the vacancy.

When the seats of two or more members, who were elected to the Senate by a Provincial Assembly, the National Assembly or, by the members of the National Assembly elected from the Fata, become vacant, as the case may be, and whose term of office was due to expire on the same day become vacant simultaneously, elections to fill such seats may be held together.

When the seats of two or more members, who were elected to the Senate by a Provincial Assembly, the National Assembly or by the members of the National Assembly elected from the Fata and whose term of office was due to expire on different dates become vacant simultaneously, elections to fill such seats may be held separately.