Islamabad: The Election Commission of Pakistan (ECP) has sent an important letter to the Registrar Peshawar High Court requesting that a suitable person be nominated by the Chief Justice for the swearing-in of elected members on women’s and non-Muslim reserved seats of the Khyber Pakhtunkhwa (KP) Assembly. The letter was issued on July 16, 2025.
The letter, citing Article 255(2) of the Constitution of Pakistan, states that if it is not possible to take the oath before a specific person, the Chief Justice of the concerned High Court may nominate another person.
The Election Commission clarified that a Constitution Bench of the Supreme Court, through its judgment dated June 27, 2025, has given a final decision in the cases (Civil Review Petitions Nos. 312, 313, 319, 320, 331, 332, 1264 and 1272/2024) related to reserved seats for women and non-Muslims. Following this judgment, the Commission has officially issued notifications of successful candidates on reserved seats of various political parties.
The letter further stated that the Senate elections in Khyber Pakhtunkhwa could not be held earlier due to the lack of a complete electoral process. Now that the situation has become clear after the final direction of the Supreme Court, the Election Commission has fixed the date of the Senate elections as July 21, 2025.
The Election Commission contacted the Speaker of the Khyber Pakhtunkhwa Assembly to make arrangements for the oath-taking, however, the Speaker took the stand that since the assembly session is not in session, he is not authorized to call a session on his own under the Constitution and the rules and regulations of the Assembly. The Speaker has also conveyed this position to the Leader of the Opposition in writing.
The Election Commission has also requested the Governor of Khyber Pakhtunkhwa to convene a session of the Assembly under Article 109 of the Constitution so that the members elected on reserved seats can take oath and exercise their right to vote in the Senate elections. The Governor has asked the Chief Minister to take necessary steps and convene the session. In addition, the Election Commission has also requested the Chief Minister to advise the Governor to convene an assembly session under Article 105 of the Constitution.
The Election Commission regretted that no information has been received so far about any arrangements for the oath-taking of the members elected on reserved seats.
The letter states that the conduct of Senate elections and the swearing-in of elected members is a constitutional obligation, and it is the fundamental right of elected representatives to represent their constituencies. The Election Commission is bound under Articles 219(b), 224(3) of the Constitution, and Section 107 of the Election Act, 2017 to ensure that elections are held in a fair, transparent and lawful manner.
Finally, the Commission reiterated in its letter that the swearing-in by the Speaker, Deputy Speaker or any of their nominees is not possible at present, as has been made clear by the Speaker. Therefore, in accordance with the constitutional requirement, the Chief Justice of the Peshawar High Court has been requested to nominate a suitable person to administer the oath to the elected members.
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