• ‘Defiant’ ECP to meet today to ponder apex court’s order in reserved seats case
• May also deliberate over fresh petitions seeking to deprive PTI of reserved seats
• Information minister terms Ayaz Sadiq’s letter ‘milestone in parliamentary history’

ISLAMABAD: An app­arently defiant Election Commission of Pakistan (ECP) is set to meet today (Friday) for the third consecutive day to deliberate over the Supreme Court’s order on reserved seats, whereas the National Assembly speaker urged the body to honour laws made by parliament, insis­ting that the amended Elections Act prevents independent lawmakers from switching parties.

Sources told Dawn the ECP’s meeting stretched to the next day because a legal expert, who was supposed to be consulted in the matter, was unavailable on Thursday.

In a majority ruling passed on July 12, the Supreme Court declared PTI eligible for reserved seats despite an amended law barring independently elected candidates from joining political parties after a specific deadline.

The ECP, chaired by Chief Election Commi­ssioner Sikandar Sultan Raja, met on Thursday for the second day but deferred further discussions to Friday’s session.

In a related development, a petition was filed by two PML-N members of the Punjab Assembly — Amina Hassan Sheikh and Mohsin Ayub Khan — seeking to declare that any political party failing to submit its list of candidates for reserved seats within the stipulated time, as mandated by Section 104 of the Elections Act 2017, should be ineligible for reserved seats at a later stage.

Speaker’s letter

In his letter to the chief election commissioner, National Assembly Speaker Sardar Ayaz Sadiq stressed the importance of parliamentary sovereignty and its implications for the democratic process.

“Upholding the principles of parliamentary sovereignty is essential in maintaining the integrity and independence of our parliamentary system. Any actions perceived as undermining the sovereignty of parliament can erode public trust and confidence in our institutions,” the letter said.

Mr Sadiq alleged that the Supreme Court’s July 12 ruling enabled a candidate to switch political parties and argued that this went against the amended Elections Act, which he said now has overriding authority.

The speaker’s letter highlighted the parliament’s passage of the Elections (Second Amend­ment) Act 2024, which was signed into law on Aug 7 and came into retrospective effect from 2017. He said the amendment precludes independent candidates from switching parties once they have declared their affiliation.

“Two particular provisions of the amended Elections Act are particularly relevant for your consideration,” Mr Sadiq told the ECP chief while referring to Sections 66 and 104-A.

“Furthermore, Section 1(2) of the amended Elections Act categorically states that the said amendments will have retrospective effect from 2017 when the Elections Act 2017 was passed,” he said. “No allocation can now be made by the ECP without applying the amended Elections Act to the fullest.”

The speaker stressed that the top court’s judgement was based on pre-amendment law and thus should not be implemented, as the amended Act “shall prevail and supersede the prior ruling”.

“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 principles of democracy and parliamentary supremacy,” he wrote.

An ECP source told Dawn that both Speaker Sadiq’s letter and the PML-N petition were received after Thursday’s meeting and are likely to be discussed in today’s session. He said the possibility of taking up the petition for hearing before a final decision is reached could not be ruled out.

‘Milestone in parliamentary history’

Meanwhile, Information Minister Attaullah Tarar lauded Speaker Ayaz Sadiq’s letter, calling it a “milestone in the country’s parliamentary history”.

“There are specific questions over the Supreme Court’s verdict about the reserved seats, which need to be duly considered and redressed,” Mr Tarar told reporters. He insisted that the Constitution clearly states that parliament holds the exclusive power to legislate and amend laws.

The minister also pointed to an existing provision in the Elections Act 2017, which requires independent candidates to join a political party within 48 hours of an election. “How can the clock be turned back, allowing those independent MNAs who had already joined the Sunni Ittehad Council (SIC) to join another political party?” he questioned.

Mr Tarar also criticised the Supreme Court’s interpretation of Article 63-A, recalling its role in the dismissal of the Hamza Shehbaz-led government in Punjab.

Punjab Assembly speaker

Punjab Assembly Speaker Malik Muhammad Ahmed Khan also followed the lead of the National Assembly speaker by writing to the ECP, urging it to keep in view the amended Elections Act 2024 when deciding on the reserved seats issue.

In a communiqué sent to the Chief Election Commissioner and other ECP members on Thursday, Speaker Khan stressed that the ECP must adhere to the revised election law, which was amended to address political affiliations of MPAs deemed independent following the Supreme Court’s July 12 verdict.

“The amended Elections Act supersedes the previous legal position, and it is this new framework that must guide the allocation of reserved seats and other related matters,” the speaker said, recalling that the apex court, in its consistent jurisprudence, has upheld that newly enacted laws take precedence over prior judgements when applicable.

Petitions against PTI’s eligibility

The petition filed by two PML-N members from Rawalpindi argued that independent candidates who have declared their affiliation with a political party cannot revoke or substitute that declaration.

It cited the Supreme Court’s ruling that PTI remains eligible for reserved seats but noted the subsequent amendment to the law by parliament, clarifying that those who fail to declare their party affiliation at the time of nomination should be treated as independents.

“Section 66 dictates that all those contesting candidates seeking symbol shall file a declaration before the Returning Officer about his affiliation with a particular political party and in case he or she failed to do so he or she shall be deemed to be considered as an independent candidate and not a candidate of a political party,” the petition said.

The petition cited Section 104-A of the Elections Act, stating that once a returned candidate submits a declaration or affidavit showing party affiliation, it is irrevocable under the amended law.

Amjad Mahmood in Lahore also contributed to this report

Published in Dawn, September 20th, 2024