ISLAMABAD: National Assembly Speaker Sardar Ayaz Sadiq, Thursday, wrote a letter to the Election Commission of Pakistan (ECP) saying the judgment and clarification of the Supreme Court on the reserved seats is now incapable of implementation after the amendments to the Election Act, 2017.
A 13-member full bench of the Supreme Court of Pakistan on July 12 ruled that the Imran Khan-founded party (PTI) was eligible for the allocation of reserved seats for women and non-Muslims in the National and Provincial Assemblies.
According to the letter, “as the Judgment of the Supreme Court was rendered based the law prior to the enactment of the amendment (in Election Act, 2017), the said judgment is now incapable of implantation. It is stated that independent returned candidates who have already given a joining to a political party cannot be allowed to now switch parties in terms of the Amended Election Act which has paramount and overriding effect. No allocation can now be made by the ECP without applying the Amended Election Act to the fullest.”
The letter further described as “the Supreme Court has directed the ECP to allow independent returned candidates to join another political party months after already joining a political party as a result of the General Election 2024(hereinafter the “Judgment of the SC”). In effect, the Judgement of the SC has allowed a returned candidate to switch political parties.”
“After the Judgment of the SC, the Parliament has been pleased to pass the Election (Second Amendment) Act, 2024. Two particular provisions of the Act are particularly relevant for your consideration.
Amendment to Section 66 of the Election Act, 2017: Provided that if a candidate, before seeking allotment of a prescribed symbol, has not filed a declaration before the Returning Officer about his affiliation with a particular political party by submitting party certificate from the political party confirming that he is that party’s candidate, he shall be deemed to be considered as an independent candidate and not a candidate of any political party.”
Amendment to Section 104 of the Election Act, 2017: Notwithstanding anything contain in this Act or rules or any other law, for the time being in force, or a judgment, decree or order of any court including the Supreme Court and a High Court, the declaration, consent or affidavit, by whatever name called, of an independent returned candidate once given for joining a political party shall be irrevocable and cannot be substituted or withdrawn.”
The letter said, “It is also brought to your kind notice that the Amended Election Act is in the field, therefore, it is the statutory obligation of the ECP to honour the laws made by Parliament and uphold the principle of democracy and parliamentary supremacy.”
Copyright Business Recorder, 2024
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