The Election Commission of Pakistan has sent an important letter to the Registrar of the Peshawar High Court, requesting that the Chief Justice nominate a suitable person for the oath-taking ceremony of elected members on reserved seats for women and non-Muslims in the Khyber Pakhtunkhwa Assembly. This letter was issued on July 16, 2025.
Citing Article 255(2) of the Constitution of Pakistan, the letter states that if it is not possible for a specific individual to administer the oath, the Chief Justice of the concerned High Court may nominate another person to do so.
The Election Commission clarified that a Constitution Bench of the Supreme Court issued a final decision regarding reserved seats for women and non-Muslims on June 27, 2025. Following this decision, the Commission has officially released a notification announcing the successful candidates for these reserved seats across various political parties.
The letter also explained that Senate elections in Khyber Pakhtunkhwa could not be held earlier due to an incomplete electoral process. However, now that the situation is clearer following the Supreme Court’s ruling, the Election Commission has scheduled the Senate elections for July 21, 2025.
The Election Commission reached out to the Speaker of the Khyber Pakhtunkhwa Assembly to arrange for the oath-taking ceremony. However, the Speaker responded that, since the assembly is not currently in session, he does not have the authority to call a session on his own, according to the Constitution and assembly rules. He has also communicated this position to the Leader of the Opposition in writing.
Furthermore, the Election Commission has requested the Governor of Khyber Pakhtunkhwa to convene an assembly session under Article 109 of the Constitution, enabling the elected members on reserved seats to take their oaths and participate in the Senate elections. The Governor has instructed the Chief Minister to take necessary actions and call a session. Additionally, the Election Commission has asked the Chief Minister to advise the Governor to convene the assembly session under Article 105 of the Constitution.
The Election Commission expressed regret that it has not yet received any information regarding arrangements for the swearing-in of the elected members on reserved seats.
The letter emphasized that conducting Senate elections and administering the oaths of elected members is a constitutional obligation and a fundamental right of the elected representatives to represent their constituencies. The Election Commission is obligated, under Articles 219(b) and 224(3) of the Constitution, as well as Section 107 of the Election Act, 2017, to ensure that elections are held fairly, transparently, and lawfully.
Finally, the Commission reiterated that since the Speaker, Deputy Speaker, or any of their nominees cannot administer the oath at this time, as clarified by the Speaker, the Chief Justice of the Peshawar High Court has been formally requested to nominate a suitable person for the oath-taking ceremony.
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