PML-N tables bill in NA against independent candidates joining parties after specified time

The ruling Pakistan Muslim League-Nawaz (PML-N) on Tuesday tabled a bill in the National Assembly prohibiting independent candidates from joining another political party after a specified period.

The bill titled the Second Amendment Bill to the Elections Act 2024 was presented by PML-N lawmaker Bilal Kayani amid strong criticism from the opposition benches.

NA Speaker Ayaz Sadiq sent the bill to the relevant standing committee.

It comes weeks after the Supreme Court declared the PTI eligible to receive reserved seats for women and non-Muslims in the national and provincial assemblies.

On July 12, a 13-judge full bench of the top court overturned the ECP and Peshawar High Court’s (PHC) decision to deprive SIC – the home of PTI-backed independents – of reserved seats and handing it over to the Pakistan Muslim League-Nawaz (PML-N) led ruling coalition.

The 8-5 majority short verdict ruled that 39 out of the 80 MNAs, shown by the ECP as independent candidates, belonged to the party.

The remaining 41 independents would have to file duly signed and notarised statements before the commission within 15 days, explaining that they contested the February 8 general elections as a candidate of a particular political party.

Days after the Apex Court’s verdict, the Election Commission of Pakistan (ECP) allotted 39 reserved seats to the PTI in the National Assembly, while seeking further guidance from the top court on 41 MNAs who had not submitted declaration certification.

The proposed bill sought to amend Sections 66 and 104 of the Elections Act 2017, prohibiting independent candidates from joining political parties after a constitutionally and legally defined period.

It stated that political parties that failed to submit a list of reserved seats within the constitutionally given time, would not be eligible for those seats.

“The Elections Act, 2017 and rules made thereunder also provide for the right to the independent returned candidate or candidates to duly join a political party at his consent. Neither the Constitution nor the Elections Act, 2017 provide for joining a political party by an independent returned candidate or candidates at a subsequent stage when they have already exercised the option to join the political party at a point in time as specified in Constitution.

“To provide clarity in the law in the true spirit of the Constitution, this bill has been designed to expressly provide for that no independent candidate or candidates shall exercise his/their right to join a political party at a subsequent stage after the period specified for the purpose in the Constitution and the law,” the statement reasoned.

The bill argued that any candidate who failed to submit a declaration to the returning officer to confirm his affiliation with a political party before the allotment of the election symbol should be considered an independent candidate.

“An independent candidate shall not be considered as the candidate of any political party if, at a later stage, he files a statement duly signed and notarised stating that he contested the general elections as a candidate of the political party specified therein.”