A bill seeking more changes to the Election Act of 2017 – law relating to the conduct of polls – in the National Assembly on Tuesday. It was referred to the august house’s committee after the law minister’s recommendation.

“Neither the Constitution nor the Election Act, 2017 provide for joining a political party by an independent returned candidate or candidates at subsequent stage when they have already exercised the option to join the political party at a point of time specified in the Constitution,” said the statement of the objective.

PML-N MNA Bilal Azhar Kayani introduced the bill seeking amendments to the Elections Act 2017 during the private legislation session.

This comes after the Supreme Court awarded Imran Khan’s PTI more parliamentary seats. It was considered a major blow to the coalition government as many believed the decision would end the treasury benches majority in the National Assembly.

The decision was made by a majority of eight and announced by Chief Justice Qazi Faez Isa. However, the majority order was read out by Justice Mansoor Ali Shah.

The reserved seats are allocated to different political parties in proportion to the number of general seats each party wins during elections. This is done to promote greater political representation and inclusion of these traditionally underrepresented groups in the government.

“I think it is more important to refer this bill to the committee with setting some time frame. All party members are part of the committee,” Parliamentary Affairs Azam Nazeer Tarar said when NA Speaker Ayaz Sadiq sought his views

Tarar, who is also the law minister, went on to add that the matter was also related to the Constitution’s interpretation. “It is being debated the Constitution’s some articles were rewritten,” he said.

The bill aims at not allowing independent candidate or candidates to join a political party at a subsequent stage after the period specified for the purpose in the Constitution and the law.

On Monday, the Election Commission of Pakistan issued notifications for 39 members of the Pakistan Tehreek-e-Insaf.

Also, read this

SC sets aside PHC and ECP orders, awards reserved seats to PTI

ECP notifies 93 more returned MPAs as PTI lawmakers

ECP shows willingness to implement reserved seats judgment with ifs and buts

According to the Supreme Court’s ruling, notifications for 41 more members are still pending.

What are the amendments?

The bill seeks amendment to section 66 (Candidate to file certificate of party affiliation) and 104 (party lists for reserved seats) of the Election Act.

“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,” states Section 66 of the Election Act, 2017.

But the treasury wants it changed.

“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, a contesting,” shall be substituted and for the full stop at the end, a colon shall be substituted and thereafter the following provisos shall be added,

“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 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 PML-N wants the sub-section of Section 104 amended. It wants the paragraph after the colon to be substituted and the following proviso shall be added: “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.”

The incumbent government also wants addition of new section 104A in the Act.

“104A. Consent for joining of political party by independent returned candidate to be irrevocable: Notwithstanding anything in this Act or any other law for the time being in force or a judgement, decree or order of any court including the Supreme Court of Pakistan and a High Court, the consent of an independent returned candidate once given for joining a political party for purposes of clause (6) of Article 51 or clause (3) of Article 106 shall be irrevocable.”