Coming hot on the heels of the National Assembly speaker, the Punjab Assembly speaker urged the Election Commission of Pakistan (ECP) to implement the amended Election Act against the Supreme Court’s decision on reserved seats.
In July this year, the apex court declared Imran Khan’s Pakistan Tehreek-i-Insaf (PTI) eligible for seats reserved for women and minorities, dealing a major setback to ruling alliance.
PTI-backed candidates had joined the Sunni Ittehad Council (SIC) to form a coalition of convenience after they had contested and won the February 8 elections as independents.
Last week, the SC had ordered the ECP the “immediate implementation” of its original directions after rebuking its “misconceived” request seeking clarification regarding its verdict.
The National Assembly speaker’s letter acknowledged the SC’s ruling, saying, “The Honourable Supreme Court of Pakistan… 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 Elections 2024”.
However, the letter stated that the ruling was issued on July 7, with amendments to the Elections Act, 2017 passed on August 7 with presidential assent. The letter highlighted amendments to Sections 66 and 104-A in particular.
The letter said that in the context of the Amended Election Act, which was passed after the SC verdict, the ruling on reserved seats cannot be implemented under the new law.
The letter says, “As the Judgement of the SC was rendered based on the law prior to the enactment of the amendment, the said judgment is now incapable of implementation.”
Section 66 reads: “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.”
Section 104-A reads: “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returned candidate once given for joining a political party shall be irrevocable and cannot be substituted or withdrawn.”
Emphasising the importance of ensuring the integrity of the revised Election Act, the Punjab Assembly speaker said in a letter addressed to ECP, "The democratic process relies on the sovereignty of parliament, which forms the foundation of our democratic system," he stated. "It is essential that this principle is upheld in all decisions and actions."
Regarding the apex court’s recent decision, Malik Ahmad Khan noted that parliament had subsequently passed the Second Amendment to the Election Act, which reflects the sanctity of party affiliation. According to this legislation, independent members who align with a political party after the election cannot later switch their allegiance.
He noted that the implementation of the Supreme Court’s ruling is no longer legally feasible after the new legislation, and that the amended Election Act is now in force. He urged the ECP to fulfil its legal duty by adhering to the laws set out by parliament.
Speaker Malik Ahmad Khan further urged the ECP to promptly enforce the provisions of the Election Act regarding the political affiliations of independent members. "The ECP is bound to apply the clauses of the Election Act without delay," he asserted.
