NA Speaker tells ECP independent candidates cannot switch parties under Amended Election Act.  PA Speaker claims SC decision gave independents the right to join political parties once again.

ISLAMABAD/LAHORE   -  National Assembly Speaker Sardar Ayaz Sadiq Thursday said that the independent returned candidates who have already given a joining to a political party cannot be allowed now to switch parties in terms of the Amended Election Act, which has paramount and overriding effect.

In a letter written to the Election Commission of Pakistan, he said no allocation can now be made by the Election Commission without applying the Amended Election Act to the fullest. As the Judgment of the Supreme Court was rendered, based on the law prior to the enactment of the amendment, the said judgment is now incapable of implementation.

The Speaker said it is 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 Supreme Court as well. The Amended Election Act is in the field, therefore, it is the statutory obligation of the ECP to honour the laws made by Parliament and uphold the principles of democracy and parliamentary supremacy.

Sardar Ayaz Sadiq said after the Judgment of the apex court, the Parliament has been pleased to pass the Elections (Second Amendment) Act, 2024 which received the assent of the President on 7th August 2024 and was published in the Gazette of Pakistan on 9th August 2024.

He referred two particular provisions of the Amended Election Act, which states “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.”

“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returned candidate once given for joining a political party shall be irrevocable and cannot be substituted or withdrawn.”

The letter further stated that 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

The Speaker said upholding the principles of parliamentary sovereignty are essential in maintaining the integrity and independence of our parliamentary system. He said any actions perceived as undermining the sovereignty of the Parliament can erode public trust and confidence in our institutions.

Since the controversy over the reserved seats has not been resolved, NA Speaker Ayaz Sadiq asked the top election regulatory authority for the allocation of reserved seats under the recently amended Election Act. The apex court, this week, criticised the electoral watchdog’s request to seek clarification from the top court on its reserved seats’ ruling.

Meanwhile, Members of the ruling party [PML-N] have approached the top election body about the matter of reserved seats.

Mohsin Ayub and Aamna Sheikh , in their application submitted to the ECP, stated that the PTI did not provide a list of candidates for the reserved seats, thus rendering them “ineligible” for those positions.

They also urged that candidates who have not submitted their party affiliation certificates should be declared “ineligible.”

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.”

The Leader of Opposition in the National Assembly Omar Ayub last month had also asked the Speaker National Assembly Sardar Ayaz Sadiq to clarify the status of the independent lawmaker in the House.

Also, Speaker Punjab Assembly Malik Muhammad Ahmad Khan wrote a letter to the Election Commission of Pakistan, urging the ECP to take note of the legislative amendments made by the Parliament and to ensure that the provisions of the Amended Election Act are implemented fully and without delay.

He said this is crucial not only for upholding the rule of law, but also for maintaining public confidence in our electoral process and institutions.

It is mentioned in the speaker’s letter that the sovereignty of Parliament is the foundation of the democratic system, and the Supreme Court, in its July 12 decision, allowed independent candidates to join any political party.

The letter explains that these candidates had joined political parties after the 2024 general elections, and the Supreme Court’s decision gave them the right to join political parties once again. The letter further explains that following the Supreme Court’s decision, Parliament passed the Election Amendment Act 2024, which was signed by the President on August 7. The letter states that after affiliating with a political party, candidates cannot change their political allegiance, and the Election Commission must enforce the Election Amendment Act. According to the letter, after the amendment, implementing the Supreme Court’s decision is legally impossible, and the Election Commission is bound to enforce the laws made by Parliament.

The letter stresses that the Election Commission must implement the amended Election Act regarding the political affiliation of independent candidates without delay and in full accordance with the law.