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PESHAWAR: A writ petition was filed in the Peshawar High Court (PHC) challenging the Election Commission of Pakistan’s decision to de-seat Pakistan Tehreek-e-Insaf (PTI) Senator Murad Saeed and its subsequent decision to restore his Senate membership.
The petition was filed by PTI leader Irfan Saleem through Ali Gohar Durrani advocate. The Election Commission of Pakistan (ECP), provincial election commission, Member Provincial Assembly Jalal Khan and others have been made respondents in the petition.
Irfan Saleem has challenged the ECP’s orders dated August 20 and August 27, arguing that he was a candidate for the vacant Senate seat from Khyber Pakhtunkhwa and was directly affected by the commission’s decision and notification issued on August 27.
According to the petition, Murad Saeed was sentenced to 10 years in prison by a Special Anti-Terrorism Court in Rawalpindi on March 7, 2026. Subsequently, the ECP de-notified him from the Senate seat on March 25, 2026, declaring the seat vacant and issuing the election schedule for April 23.
The petitioner said he had submitted his nomination papers and was contesting the Senate seat. However, MPA Jalal Khan filed an application before the ECP, arguing that Murad Saeed had never taken the oath of office and, therefore, the Senate seat could not be considered vacant.
According to Irfan Saleem’s petition, the ECP subsequently issued a notification on April 21, 2026, suspending the Senate election.
The petitioner maintained that after Murad Saeed was sentenced to 10 years in prison, the ECP had declared the seat vacant under Article 63(1)(h) of the Constitution. He argued that neither Murad Saeed nor any other person had challenged the ECP’s order before any forum.
The petition further claimed that the ECP had incorrectly interpreted Articles 63, 64, 65 and 255(3) of the Constitution.
It contended that under Article 224(5), a vacant Senate seat must be filled within 30 days. It further argued that under Article 65, an elected member cannot sit or vote in the Senate until taking the oath, but the provision did not permit a Senate seat to remain blocked indefinitely merely because the elected member had not taken the oath.
The petitioner maintained that the ECP’s August 20 order and August 27 notification were unlawful and requested the PHC to declare them null and void.
