Members of the PML-N have approached the Election Commission of Pakistan regarding the matter of reserved seats while the National Assembly speaker told the chief election commissioner that SC judgement could not be implemented under the amended law.
Mohsin Ayub and Aamna Sheikh submitted the application to the ECP. The PML-N members stated that the PTI did not provide a list of candidates for the reserved seats, thus rendering them “ineligible” for those positions.
The request urged that candidates who have not submitted their party affiliation certificates should be declared “ineligible.” It was noted that independent candidates who have joined a political party cannot switch parties again.
Furthermore, PML-N members stated in their application that Parliament has amended the Election Act, and the amendments have been made retroactively effective. According to the amendment, “once a party affiliation certificate is submitted, it cannot be changed.” The Election Act stipulates that a political party that “fails to provide a list is not eligible” for reserved seats and under the amendments, the submitted affiliation certificate “cannot be altered once submitted.”
This comes after the country’s top electoral authority decided to seek legal advice from experts on the reserved seats before taking any further action.
Last week, the SC disposed of the ECP’s petition seeking clarification on the apex court’s July 12 order that awarded Imran Khan’s party more parliamentary seats, stating that the ECP’s request for clarification “is merely a delaying tactic.”
“The clarification sought by the commission in terms is nothing more than a contrived device and the adoption of dilatory tactics, adopted to delay, defeat and obstruct implementation of the decision of the Court,” the SC said in its order.
In July, a full-court bench of the Supreme Court set aside orders of the Peshawar High Court and ECP taking away reserved seats from the Sunni Ittehad Council. The court ruled that the PTI should be considered a political party and given reserved seats.
National Assembly Speaker Sardar Ayaz Sadiq has written a letter to Chief Election Commissioner Sikandar Sultan Raja, requesting that reserved seats be allocated while “maintaining the autonomy of Parliament” in accordance with directives from the Supreme Court.
He stated that the apex court has instructed that independent members who join other parties should not be allowed to change parties again. Those independent members who have become part of a political party without submitting a party affiliation certificate “will be considered independent under the law.” The letter added that the ECP cannot decide on reserved seats without implementing the Election Act.
The letter further explained that the SC’s decision was based on a previous Act that was “no longer applicable,” as the Election Act approved by Parliament has become law following the president’s assent.
“As the Judgement of the SC was rendered based on the law prior to the enactment of the amendment, the said judgment is now incapable of implementation.”
The speaker’s letter added that the amended act would “supersede” the SC’s ruling and that the apex court recognised this decision. It also stated that the ECP had a “statutory obligation” to honour laws enacted by Parliament.
It stressed the importance of maintaining the integrity and independence of the parliamentary system, urging the ECP to ensure adherence to parliamentary and democratic principles.
Federal Information Minister Attaullah Tarar stated that NA speaker has written a letter to the CEC to uphold the supremacy of Parliament.
He told reporters that Sadiq has “consistently fulfilled his duties with fairness” and has maintained a “positive relationship” with all political parties.
Tarar described the NA speaker’s letter to the CEC as a “significant milestone,” asserting that the Constitution grants Parliament the exclusive authority to legislate, a power not held by any other institution.
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The information minister expressed concerns over the Supreme Court’s interpretation of Article 63A (Disqualification on grounds of defection, etc) of the Constitution, likening it to “rewriting the Constitution.” He questioned how a member who joins a party can later switch to another party, noting that judicial decisions regarding reserved seats have raised “many questions.”
He lauded the NA speaker’s actions and added that no institution has the right to interpret the Constitution at its discretion or attempt to weaken Parliament. Tarar reiterated that the Constitution and law “are the rights of the people’s elected representatives” and pledged to continue advocating for the supremacy of Parliament.
