The Election Commission of Pakistan (ECP) has rescinded its earlier notification that declared the Senate seat from Khyber Pakhtunkhwa vacant following the disqualification of Pakistan Tehreek-e-Insaf (PTI) leader Murad Saeed. The commission ruled that no constitutional vacancy arose since Saeed never took the oath of office as a senator.
In a significant development, a three-member bench led by Chief Election Commissioner Sikandar Sultan Raja, along with members Nisar Ahmed Durrani and Shah Muhammad Jatoi, issued the written order after reviewing an application filed by Pakistan Muslim League-Nawaz (PML-N) MPA Jalal Khan. Consequently, the schedule for the proposed by-election was also cancelled.
Saeed had been declared a returned candidate in the Senate elections held on July 21, 2025. However, the ECP emphasized that Articles 65 and 255(3) of the Constitution, an elected individual does not officially assume constitutional office until taking the mandatory oath.
On March 7, 2026, an Anti-Terrorism Court convicted Saeed in connection with a case related to events on May 9, which led to a disqualification application under Article 63(1)(h). Despite this, the ECP clarified that Saeed remained a “returned candidate” under Section 124 of the Elections Act, 2017, and had not formally entered office as a sitting senator. Therefore, his disqualification could not legally cause the seat to become vacant under Articles 219(b) and 224(5).
Initially, the commission had de-notified Saeed, declared the seat vacant, and announced a by-election scheduled for April 23, 2026. This process was halted after Jalal Khan challenged the legal grounds for considering the seat vacant.
Jalal Khan’s legal counsel, Barrister Muhammad Yasin Raza Khan, contended before the commission that since Saeed never took the oath or signed the official register, he could not be regarded as a sitting senator whose disqualification would create a casual vacancy.
The ECP accepted this argument and, through its order dated August 20, 2026, withdrew its April 2, 2026 notification that had declared the seat vacant. The commission also concluded all proceedings related to the KP Senate by-election.
It was determined that because Saeed never constitutionally assumed the office of senator, his disqualification did not result in the Senate seat becoming vacant under the law.
