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ISLAMABAD: The reserved seats case entered another climax after National Assembly Speaker Ayaz Sadiq said that the top court’s reserved seats judgment is now ‘incapable of implementation’ under the newly passed amendments to the Election Act 2017.
On July 12, a 13-member full bench of the apex court ruled that the Pakistan Tehreek-e-Insaf (PTI) was eligible for the allocation of reserved seats in the national and provincial assemblies, dealing a major setback to PML(N)-led ruling coalition.
Justice Mansoor Ali Shah announced the 8-5 majority verdict, nullifying the Peshawar High Court’s (PHC) order wherein it had upheld the Election Commission of Pakistan’s (ECP) decision denying the reserved seats to the Sunni Ittehad Council (SIC).
Last week, SC rebuked the “misconceived” request by the ECP seeking clarification regarding its verdict and ordered the “immediate implementation” of its original directions.
National Assembly Speaker Ayaz Sadiq, in a letter written to the Election Commission of Pakistan (ECP), stated that after the Judgment of the Supreme Court, the Parliament has passed the Elections (Second Amendment) Act, 2024 which received the assent of the President on August 7, and was published in the Gazette of Pakistan as the “Amended Election Act”.
The NA speaker’s letter to the electoral watchdog said that the Supreme Court in its ruling — issued on July 7 after which amendments to the Elections Act, 2017 passed on August 7 — directed the Election Commission of Pakistan to allow independent returned candidates to join another political party months after already joining a political party as a result of the General Elections 2024.
The letter highlighted two “particular provisions” — Sections 66 and 104-A — of the Amended Election Act.
According to Section 66, “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.”
Meanwhile, Amendment to Section 104-A of the Election Act, 2017 says, “Notwithstanding anything contained 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.”
In view of this backdrop, the NA Speaker’s letter added, it is stated that independent returned candidates who have already given a joining to a political party cannot be allowed to switch parties in terms of the Amended Election Act which has a paramount and overriding effect.
“As the Judgement of the SC was rendered based on the law before the enactment of the amendment, the said judgment is now incapable of implementation,” the letter added.
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