PESHAWAR: Following a warning of the Election Commission of Pakistan, the Khyber Pakhtunkhwa Assembly Secretariat on Thursday Hnally declared vacant the seat of former MPA Sardar Soran Singh, who was killed in Buner on April 22.

Apparently, the notification issued in this respect was delayed by the KP Assembly to block the declaration of Baldiev Kumar, a prime suspect in the Soran Singh murder case, as an MPA by the ECP.

After the death of Soran Singh, suspect Baldiev Kumar is now on top of the priority list of candidates submitted by the ruling PTI to the ECP during the 2013 general elections.Under the Constitution, a candidate of a political party who is next on the priority list of the candidates submitted by that particular party for the seats reserved for non-Muslims during general elections should be declared as elected in case of occurrence ofavacancy.

`Consequent upon the death of Sardar Soran Singh, Special Assistant to Chief Minister, Khyber Pakhtunkhwa on 22nd Apr, 2016, the reserved seat for Non-Muslim has become vacant with effect from 22nd April, 2016,` states a notification issued by the secretary Provincial assembly, Amanaullah.

On June 13, the ECP sent a letter to the KP Assembly Spealcer, Asad Qaisar, saying it was a constitutional requirement to fill a vacant seat within 60 days of the occurrence ofthe vacancy.

`As you are aware Sardar Soran Singh, a Member of the Provincial Assembly, Khyber Pakhtunkhwa, elected on the seat reserved for non-Muslim in that assembly was assassinated on 22.04.2016.

Under Article 224 (6) of the Constitution of Islamic Republicof Pakistan, the vacant seat is required to be filled in within sixty days of the occurrence of the vacancy,` stated the letter sent by ECP director general (elections) Zafar Iqbal Hussain.

It added that the administration department, Government of Khyber Pakhtunkhwa, Peshawar, had issued obituary on May 30, 2016, but a formal notification declaring the seat vacant in the Provincial Assembly, Khyber Pakhtunkhwa, was still awaited from the Provincial Assembly`s Secretariat, KP.

`It is, therefore, requested that the requisite Notification may be issued accordingly and copy furnished to this Commission within three days of the issuance of this letter, failing which the ECP will proceed further in the matter in accordance with the Constitution,` the letter states.

An official of the ECP confirmed that the said letter was sent to the assembly`s speaker. He however said the commission had not received any notification from the KP Assembly so far.

The killing of Sardar Soran Singh in Buner has brought tolight the flaw in the Constitutional provision and other relevant laws related to Elling ofreserved seats in the assemblies.

The deceased Soran Singh was elected in the 2013 general elections on seats reserved for nonMuslims on the basis of placement of his name at Serial No 1 of a priority list of candidates submitted by his party, PTI, to the ECP.

Interestingly, the prime suspect arrested by the police in his murder, Baldiev Kumar, was at serial No 2 of the said priority list.

Article 224 (6) of the Constitution of Pakistan provides for filling a reserved seat which falls vacant. It states: `When a seat reserved for women or nonMuslims in the National assembly or a Provincial assembly falls vacant, on account of death, resignation or disqualification of a member, it shall be filled by the next person in order of precedence from the party list of the candidates to be submitted to the ECP by the political party whose member has vacated such seat.

An expert on electoral lawstold Dawn that currently, the composition of the ECP was incomplete as tenure of four of the members completed on June 12.

He said the time would tell if the ECP delayed the issuance of notification of filling the said vacant seat or went ahead with it.

The expert said it was up to the ECP to decide if Baldiev Kumar could occupy Soran Singh`s seat for being the second on the PTI candidate priority list submitted before the 2013 elections.

Chief Election Commissioner Justice Sardar Mohammad Raza has already postponed the byelections of local councils in Khyber Pakhtunkhwa due to incomplete composition of the ECP.

KP Chief Minister Pervez Khattak had stated in the provincial assembly on Apr 29 that his government would try to stop the way of Baldiev Kumar from becoming an MPA.

The lawmakers from other political parties had also announced that they won`t allow Baldiev Kumar to take oath as MPA.