ECP reserved decision on Ishaq Dar’s vacant seat in senate

• ECP reserved its decision on the request to declare Ishaq Dar’s seat vacant
• “There was an ordinance to declare the seat vacant for not taking the oath within sixty days,” ECP member Balochistan
• The notification was restored when the petition was dismissed by the Supreme Court, Salman Butt

ISLAMABAD: Election Commission of Pakistan (ECP) reserved its decision on the request to declare Ishaq Dar’s seat vacant for not taking the oath of membership of the Senate within 60 days, BOL News reported on Monday. 

“There was an ordinance to declare the seat vacant for not taking the oath within sixty days,” an ECP member from Balochistan said.

Ishaq Dar’s lawyer, Salman Butt told the ECP bench that the notification of Ishaq Dar was issued on March 9 as the successful candidate while on 29 March 2018, Ishaq Dar’s Success notification was suspended. “The notification was restored when the petition was dismissed by the Supreme Court. If Ishaq Dar’s notification was suspended, how could he take an oath?” he said.

“The question is whether Ishaq Dar has been disqualified or not.” ECP member Akram Wajih of KPK asked.

Disqualification under Article 63P cannot be brought by law, Salman Butt answered.

According to the lawyer of Ishaq Dar, the period of the ordinance has already expired and the Election Commission should withdraw the notice declaring the Senate seat vacant. “A member cannot be disqualified if he does not take an oath, even for five years. By amending the Election Act, the provision of disqualification for not taking an oath within two months has been removed, ” he added.

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He said that the Election Commission of Pakistan (ECP) could not interpret the law. “If Ishaq Dar was ineligible before the amendment act, how did he become eligible now?” Member K.P inquired.

Lawyer Salman Butt claimed that the ongoing ordinance of the PTI government was unconstitutional.