ISLAMABAD/LAHORE: In an important development heralding the supremacy of parliament, the National Assembly Speaker, Sardar Ayaz Sadiq, Thursday wrote a letter to the chief election commissioner, conveying him that the Supreme Court ruling in the reserved seats case could not be implemented following the passage of the Election (Second Amendment) Act, 2024.
Titled ‘Importance of upholding parliamentary sovereignty allocation of reserved seats,’ the letter apprised the CEC that following the passage of Elections (Second Amendment) Act, 2024, the independent candidates, who had already joined a political party, could not be allowed to switch to another party.
The letter also referred to an amendment to Section 66 of the Elections Act, 2017 saying, “Provided that if a candidate, before seeking allotment of a prescribed symbol, has not filed a declaration with the returning officer about his affiliation with a particular political party by submitting a 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.”
The speaker also referred to an amendment to Section 104-A of the Election Act, 2017, which 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returned candidate once given for joining a political party shall be irrevocable and cannot be substituted or withdrawn.”
Furthermore, Section 1(2) of the Amended Election Act categorically states that the said amendments will have retrospective effect from 2017 when the Election Act 2017 was passed.
The speaker maintained that no allocation could now be made by the ECP without applying the Amended Election Act to the fullest. After the judgment of the SC, the Parliament (Majlis-e-Shoora) has been pleased to pass the Elections (Second Amendment) Act, 2024 which received the assent of the President on 7th August 2024 and was published in the Gazette of Pakistan on 9th August 2024 (hereinafter the “Amended Election Act”).
Moreover, he said as the judgment of the SC was rendered based on the law prior to the enactment of the amendment, the said judgment is now incapable of implementation. Instead, the speaker’s letter said it was the Amended Election Act that shall prevail and supersede the prior ruling. “It is pertinent to mention that the above is not only my view but in fact is the consistent jurisprudence of the Honourable Supreme Court as well,” he said.
The speaker also brought to the CEC’s notice that the Amended Election Act was in the field; therefore, it was the statutory obligation of the ECP to honor the laws made by parliament and uphold the principles of democracy and parliamentary supremacy.
In the second para of the letter, Speaker Ayaz Sadiq pointed out that the Supreme Court of Pakistan in its judgment titled Sunni Ittehad Council and others versus Election Commission of Pakistan dated 12.7.2024 reported as 2024 SCP 236, had directed the Election Commission of Pakistan (hereinafter “ECP”) to allow the independent returned candidates to join another political party months after already joining a political party as a result of the General Elections 2024 (hereinafter the “Judgment of the SC”). In effect, the judgment of the SC has allowed a returned candidate to switch political parties.
“With the passage of the Elections (Second Amendment) Act, 2024, the returned independent candidates already given a joining to a party cannot be allowed to join another party now,” the speaker insisted. He observed that it was an issue of paramount importance: the concept of parliamentary sovereignty and its implications for democratic process.
He maintained that upholding the principles of parliamentary sovereignty was essential for maintaining the integrity and independence of our parliamentary system. “Any actions perceived as undermining the sovereignty of the parliament can erode public trust and confidence in our institutions,” the speaker said.
Shortly after the National Assembly Speaker Sardar Ayaz Sadiq wrote a letter to the CEC, the Punjab Assembly Speaker, Malik Muhammad Ahmad Khan, also wrote a letter, asking the Election Commission of Pakistan to fully implement the provisions of Amended Election Act without delay. The letter said parliament had already passed the Election Amendment Bill which had now assumed the status of an Act. He stressed that the matter related to the reserved seats now had to be dealt with in accordance with the new legislation.
Malik Muhammad Ahmad Khan said the Supreme Court had given an opportunity to the independent MPs to join any political party on July 12. The speaker clarified that the independent MPAs had already joined the Sunni Ittehad Council after the February 2024 elections.
These independent MPAs in Punjab were given another opportunity in the light of the apex court’s verdict of July 12. Therefore, the reserved seats issue should be addressed as per the existing legislation, the letter said.
Speaker Ayaz Sadiq’s initiative drew an applause from Federal Minister for Information, Broadcasting, National Heritage and Culture Attaullah Tarar who said writing a letter to the Chief Election Commissioner (CEC) on the issue of reserved seats had eventually upheld the supremacy of the parliament. Talking to the media here, he paid tribute to Ayaz Sadiq on taking the initiative and said it must not be misconstrued, reports APP.
“There are specific questions over the Supreme Court’s verdict about the reserved seats, which need to be duly considered and redressed,” the minister said while talking to the media.
Terming the speaker’s letter a ‘milestone in the parliamentary history’, he said it was articulated unequivocally in the Constitution that “the parliament is supreme and has the sole jurisdiction to enact and amend laws”. It were the people who elected their representatives to the parliament with an exclusive right to legislate or amend the Constitution, he added.
The minister said there should not be a trespass in terms of institutional domains in order to invigorate the parliamentary system in the country. He reiterated that the parliament had the exclusive mandate to carry out the legislative business by amending or rewriting the Constitution.
The minister endorsed the speaker’s stance that there was already a law in the amended Election Act 2017 that clearly indicated that the independent candidates would have to join a political party within 48 hours of the election. “How the clock could be turned back allowing those independent Members of the National Assembly who had already joined the Sunni Ittehad Council (SIC), to join another political party,” he questioned.
Tarar highlighted the flaw in the verdict that the independent members had joined a political party (PTI) which did not have any presence in the House. Questioning the interpretation of Article 63-A in the current ruling, he recalled that the previous interpretation had led to the removal of Hamza Shehbaz-led government in Punjab.
He said the Pakistan Muslim League-Nawaz would continue to play its role for parliament’s sovereignty. “Speaker Ayaz Sadiq has taken a remarkable step. He has always upheld his integrity by treating all parties in the Assembly with fairness and respect. He always ensures that no member faces injustice,” the minister said.
Meanwhile, the Election Commission of Pakistan (ECP) still remains undecided on implementing the Supreme Court order on the reserved seats and it will continue deliberations on Friday (today). “Though legal and constitutional consultations were held for the third consecutive day, opinion from a legal expert could not obtained today, as was decided a day earlier,” a senior official told The News.
The ECP meeting, presided over by the chief election commissioner, considered the apex court’s order declaring the Pakistan Tehreek-e-Insaf (PTI) eligible for reserved seats and the bar placed by the amended law on independently elected candidates to join a political party after a specific timeline. He was hopeful that the picture might get clear on Friday with regard to the way of dealing with the apex court order.
However, the situation has got apparently complex/complicated following the landing of a petition in the Election Commission Thursday, seeking to declare that all those political parties who failed to submit their respective lists for reserved seats within the prescribed time in terms of section 104 Elections Act, 2017 are not eligible for quota in the reserved seats at a later stage.
The petition, filed by two Rawalpindi-based PMLN members of the Punjab Assembly-Amina Hassan Sheikh, who made her way to the provincial assembly on a reserved seat for women, and Mohsin Ayub Khan, who got elected from PP-12, Rawalpindi-VI, want the ECP to declare that all independent returned candidates, who had once submitted declaration of affiliation for joining any political party, are now deemed to be member of that political party and cannot substitute or withdraw the same.