Murad Saeed at Risk of Losing Senate Seat Over Oath Delay: Legal Precedent Sparks Debate

Islamabad:Pakistan Tehreek-e-Insaf (PTI) leader Murad Saeed, who has been in hiding, was recently elected to the Senate. However, questions are now being raised about the legal implications of his failure to take the oath within the stipulated time.

According to Section 72A of the Elections Act 2017, which was added in 2021, any elected member who does not take the oath within 60 days of being elected will have their seat automatically declared vacant. The law was designed to ensure timely participation of elected representatives in the parliamentary process.

The situation has drawn comparisons to the case of PML-N leader Ishaq Dar, who was elected to the Senate as a technocrat in March 2018 but failed to take the oath due to health issues and ongoing NAB cases while he was abroad. His oath was delayed for several years.

In Dar’s case, the Supreme Court had suspended his notification and barred him from taking the oath. Later, the Election Commission moved to de-seat him under Section 72A, but Dar approached the courts. The Islamabad High Court and Supreme Court granted him interim relief and stopped the de-seating process.

Eventually, after a prolonged legal and political battle, Ishaq Dar took oath as a senator in late 2022 and later became the finance minister under the PDM government.

Now, similar questions loom over Murad Saeed’s Senate membership. If he fails to take the oath within the 60-day period and does not secure relief from the courts, he may face de-seating under the same legal provision.