ISLAMABAD - The Pakistan Tehrik-e-Insaf (PTI) Wednesday prayed the Supreme Court of Pakistan to declare the Elections (Second Amendment) Act, 2024 ultra vires of the Constitution in its entirety and of no legal effect.
It further prayed that during the pendency of the instant petition, the Election Commission of Pakistan (ECP) be restrained from allocating to any other political party reserved seats for women and non-Muslims in the National and the Provincial Assemblies that are proportionate to the entitlement of the PTI in term of the majority judgment of the Supreme Court.
The PTI added that such reserved seats may be directed to be allowed to the PTI and its candidates whose names are contained in the lists filed before the ECP in accordance with the 12th July judgment.
In this matter, Chairman PTI Barrister Gohar Ali filed a petition under Article 184(3) of the Constitution against the changes made in the Election Act, 2017 regarding the reserved seats.
Gohar submitted that the attempt has been made to give amendment retrospective effect, which is violative of the constitutional scheme and an assault on the democratic order. Past and closed transactions that have taken place in terms of the Constitution and the Election Act, 2017 prior to the enactment of the impugned amendment cannot be undone through the deemed retrospectively purportedly assigned to the Act.
He added, “Actions taken by the people and their chosen representative in exercise of their constitutional rights cannot b undone by the parliament through legislation. Such legislation suffers from malice in law.”
The PTI chairman contended that Section 2 of the impugned Act, whereby Section 66 of the Elections Act is sought to be amended is ultra vires the Constitution. The relevant provisions of the Constitution including Articles 17, 51 and 106 stand duly interpreted by the Supreme Court through its verdict on 12-07-2024.
He continued that the Section 2 of the impugned Act cannot be given retrospective effect. The provisions of Section 2 of the impugned Act have no applicability with regard t the general elections for the National Assembly and the Provincial Assemblies held on 08-02-2024, and the subsequent election for the reserved seats for women and non-Muslims in the National and the Provincial Assemblies.
He submitted that the Supreme Court through its judgment dated 12-07-2024 has taken into account the gross violations of Article 17 and the fundamental rights of the people to participate in the democratic process by voting for the political parties of their choice and for the candidates contesting under the symbol of the political party of which they are members and candidates.
