Islamabad, September 19, 2024 -In a letter addressed to the Election Commission of Pakistan (ECP), National Assembly Speaker Sardar Ayaz Sadiq stated that the Supreme Court’s judgment regarding reserved seats “cannot be implemented under the Amended Election Act, 2017.”
In July, the Supreme Court ruled in favor of Imran Khan’s Pakistan Tehreek-i-Insaf (PTI), declaring the party eligible for reserved seats for women and minorities, dealing a significant blow to Prime Minister Shehbaz Sharif’s coalition. PTI-backed candidates, who had contested the February 8 elections as independents after the party lost its election symbol, had joined the Sunni Ittehad Council (SIC) to form a coalition.
However, the ECP raised concerns regarding the verification process for PTI candidates due to the party’s lack of structure and internal elections, suggesting that the election regulator might seek further court directions. Last week, the Supreme Court rebuked the ECP’s request for clarification, ordering the “immediate implementation” of its original ruling.
In the letter to ECP, the speaker acknowledged the Supreme Court’s ruling but stated that it could not be enforced under the amended Election Act, 2017, which was passed with presidential assent on August 7, after the court’s judgment on July 7. The letter emphasized amendments made to Sections 66 and 104-A of the act.
Section 66 stipulates that if a candidate has not declared their affiliation with a political party before seeking an election symbol, they will be deemed an independent candidate. Section 104-A further clarifies that once an independent candidate joins a party, their decision is irrevocable.
The speaker argued that the new law supersedes the Supreme Court’s ruling, making its implementation impossible. He added that the ECP had a “statutory obligation” to respect laws enacted by parliament.
Information Minister Attaulah Tarar praised the speaker’s decision to uphold the sovereignty of parliament, criticizing the PTI’s attempts to change political affiliations after the elections. He emphasized that the PTI could not undo its decision to join the SIC and praised the speaker’s stance as a historic moment in Pakistan’s parliamentary history.
Tarar stated that the constitution grants parliament sovereignty, as it is the body elected by the people to create and amend laws. He added that the PTI’s decision to join the SIC was a strategic error, noting that the speaker’s letter clearly stated the rules for independent members joining parties within 48 hours of winning their seats.
He concluded by applauding the speaker for protecting parliament’s sanctity and vowed that parliament would continue to play its role in maintaining its sovereignty.
