Bill tabled in NA to circumvent SC ruling on reserved seats

ISLAMABAD: A ruling party parliamentarian on Tuesday moved a bill in the National Assembly seeking to amend the Elections Act 2017 proposing that individuals who contested general election as independent candidates cannot change their affidavit at a later stage to declare affiliation with any political party.

The bill, on becoming an Act of Parliament, would be deemed to have taken effect from the commencement of the Elections Act 2017.Introduced by Pakistan Muslim League-Nawaz (PMLN) MNA Bilal Kiyani, the bill ‘The Elections (Second Amendment) Bill 2024’ seeks amendment in Section 66 of the elections act that reads: “A contesting candidate, before seeking allotment of a prescribed symbol, shall file a declaration before the Returning Officer about his affiliation with a particular political party, if any, along with a certificate from the political party showing that he is that party’s candidate from the constituency.”

The proposed amendment seeks to start the section with, “notwithstanding anything contained in this Act or any other law for the time being in force or any judgement, decree or order of any court including the Supreme Court and a high court”.

It also seeks to add a proviso to the section which 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:

“Provided further that an independent candidate shall not be considered as the candidate of any political party if at later stage he files a statement duly signed and notarized stating that he contested the general elections as a candidate of the political party specified therein.”

The bill also seeks to amend Section 104 of the Elections Act which deals with elections for reserved seats.

The amendment bill also seeks to amend Section 104(1) in its original form that reads: “For the purpose of election to seats reserved for women and non-Muslims in an Assembly, the political parties contesting election for such seats shall, within the period fixed by the Commission for submission of nomination papers, file separate lists of their candidates in order of priority for seats reserved for women and non-Muslims with the commission or, as it may direct, with the provincial election commissioner or other authorised officer of the commission, who shall forthwith cause such lists to be published for information of the public.”

The proposed amendment seeks to add the words, “notwithstanding anything contained in this Act or any other law for the time being in force or any judgement, decree or order of any court including the Supreme Court and a high court”, at the beginning of the section.

It also seeks to add a proviso to the section which reads: “Provided further that if any political party fails to submit its list for reserved seats within the aforesaid prescribed time period, it shall not be eligible for the quota in the reserved seats at later stage.”

It also seeks to insert a new Section 104A to the Act to make irrevocable consent for joining of political party by independent returned candidate. It said that an independent candidates may join a political party within three days of the publication in the official Gazette of the names of returned candidates.

The bill said that no independent candidate can join a political party at a subsequent stage after the period specified for the purpose in the Constitution and the law.

After the bill was tabled, Law Minister Azam Nazeer Tarar proposed to refer it to a house committee for input from political parties. National Assembly Speaker Ayaz Sadiq sent the bill to the standing committee concerned. Several other bills including the Constitution (Amendment) Bill 2024 (Article-9A), the Federal Employees Benevolent Fund and Group Insurance (Amendment) Bill 2024, the Pakistan Examination Board Bill 2024, the Constitution (Amendment) Bill 2024 (Article27) and the West Pakistan Maintenance of Public Order (Repeal) Bill 2024 were also introduced. The House also passed the National Excellence Institute Bill 2024.Meanwhile, the meeting of NA Standing Committee on Parliamentary Affairs has been summoned today (Wednesday) to take up the Elections (Second Amendment) Bill 2024 for consideration. The meeting would be chaired by Iradat Sharif Khan.

Meanwhile, speaking to the media outside the Parliament House, Pakistan Tehreek-e-Insaf Chairman Barrister Gohar Ali Khan said the government was planning to introduce a legislation aimed at preventing his party from getting seats reserved for women and minorities. He said that the verdict of Supreme Court must be implemented and added it is hoped that the Supreme Court would get its decision concerning the PTI lawmakers implemented.

Gohar maintained 41 MNAs submitted affidavits, but despite that “action is being taken against our MNAs”. He insisted that the Election Commission of Pakistan should issue the notification for the remaining legislators. “We request the Supreme Court to provide protection to our members,” he contended.

PTI senior leader Latif Khosa said that a ‘malicious bill’ was being brought for lawmakers to change the party. He said that the NA Standing Committee on Law and Justice will not allow the bill to be passed. He made it clear that it was mandatory for every organisation to accept the decision of Supreme Court and ensure its implementation.