ECP decides about reserved seats today

ISLAMABAD: The government’s eyes are fixed on the Election Commission of Pakistan (ECP), as the electoral body is expected to take a final decision on the letters of the National and Punjab assemblies Speakers regarding the reserved seats in the meeting to be held today (Friday).

According to a source, an ECP meeting was held on Thursday which was presided over by Chief Election Commissioner Sikandar Sultan Raja. The forum took up the Speakers’ letters, and received briefing from the commission’s legal team on the reserved seats.

The team presented the legal approach. However, the meeting could not take final decision and decided to meet again.Accordingly, the ECP would have a huddle again and is most likely to take a final decision on the Speakers’ letters regarding reserved seats today.

It may be mentioned that National Assembly Speaker Sardar Ayaz Sadiq last month had written 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.

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returned candidate once given for joining a political party shall be irrevocable and cannot be substituted or withdrawn.”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 judgement 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 of August 2024 and was published in the Gazette of Pakistan on 9th August 2024.

Moreover, he said as the SC judgement rendered was based on the law prior to the enactment of the amendment, the said judgement 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 honour the laws made by parliament and uphold the principles of democracy and parliamentary supremacy.

Punjab Assembly Speaker Malik Ahmad Khan had also written a letter, asking the ECP 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.

He said the Supreme Court had given an opportunity to the independent MPs to join any political party on July 12. The Punjab Assembly 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.