ISLAMABAD: The National Assembly Standing Committee on Parliamentary Affairs approved “The Elections (Second Amendment) Bill, 2024” with majority which restricts independent candidates from joining another political party after a constitutionally and legal defined period (of three days).

The Standing Committee approved the bill just on the next day (Wednesday) after its introduction in the National Assembly on Tuesday.

Seven members supported the bill by raising hands, and three PTI members and one Majlis Wahdat-e-Muslimeen Pakistan (MWMP) member against the bill while one member, Shahida Begum of Jamiat Ulema-e-Islam Pakistan (JUI-P) abstained.

The committee met with MNA Rana Iradat Sharif Khan in the chair at the Parliament House on Wednesday.

There was only one agenda item (bill) of business of the meeting.

Bilal Azhar Kayani and Zeb Jaffar of PML-N were movers of the bill. The committee approved the bill with majority after discussion.

The bill also prohibits independent candidates from joining another political party after a specified period.

According to the Clause 2(b) of the bill, “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: Provided further that an independent candidate shall not be considered as the candidate of any political party if at later stage he files a statement duly signed and notarized stating that he contested the general election as a candidate of the political party specified therein.”

The Clause 3(b) of the bill further described as “Provided further that if any political party fails to submit its list for reserved seats within the aforesaid prescribed time period, it shall not be eligible for the quota in the reserved seats at later stage.”

According to Clause 4 of the bill about inserting new Section 104A in the Election Act, 2017, “Consent for joining of political party by independent returned candidate to be irrevocable.- Notwithstanding anything contained in this Act or any other law for the time being in force or a judgment, decree or order of any court including the Supreme Court of Pakistan and a High Court, the consent of an independent returned candidate once given for joining a political party for purposes of clause (6) of Article 51 or clause (3) of Article 106 shall be irrevocable.” On the eve of the meeting, Bilal Azhar Kayani moved the bill and read it clause by clause.

While discussing the bill, Minister for Law and Justice Azam Nazeer Tarar said that the amendments in the law are not a new thing but it further clarifies the constitution and the rules and laws of elections relevant to Article 51(6), Article 106 (3), Article 63(2) and Section 104 of Election Act, 2017.

He said that no institution other than the parliament has the authority to rewrite the Constitution. “We cannot allow any institution to rewrite the Constitution. Courts interpret the law, but they do not have the authority to change it. It is the prerogative of the parliament to rewrite or change the law,” said Tarar.

Ali Muhammad of PTI said, “This law shows ill intention of the government and to set aside the judgement of the Supreme Court on reserve seats of the PTI.”

While severely criticising the Election Commission of Pakistan (ECP), Ali Muhammad said that the ECP has created a crisis by depriving the PTI of it symbol on ballot papers and by depriving it of the reserve seats.

He said while raising a question that if the rights are being given to anybody or party in the past then why PTI is being deprived at present. “The apex court has given right of reserve seats to the PTI but the government wants to deprive the PTI from it by using the Parliament,” he said.

Shahida Begum of JUI-(P) said, “We take oaths to legislate for the public good. It would have been better to introduce legislation against Independent Power Producers (IPPs).”

She, on the current situation regarding the reserved seats, commented, “The Election Commission has always been caught in the middle.”

Copyright Business Recorder, 2024