SC July 12 verdict is ‘unenforceable’ after changes made to Election Act 2017: NA Speaker

ISLAMABAD: Following the Supreme Court’s clarification on the reserved seats ruling, National Assembly Speaker Ayaz Sadiq remarked that the court’s July 12 verdict is now “unenforceable” due to changes made to the Election Act 2017.

On July 12, a 13-member bench of the Supreme Court ruled in favor of Pakistan Tehreek-e-Insaf (PTI), allowing it to receive reserved seats for women and non-Muslims in the national and provincial assemblies. This was considered a major win for the Imran Khan-led party. The court, with an 8-5 majority decision delivered by Justice Mansoor Ali Shah, overturned the Peshawar High Court’s order, which had upheld the Election Commission of Pakistan’s (ECP) decision to deny these seats to the Sunni Ittehad Council (SIC).

In the February 8 general elections, PTI candidates ran as independents after the Supreme Court upheld the ECP’s decision to bar the party from using its election symbol, the bat, due to irregularities in its intra-party elections. After the elections, PTI-supported candidates joined SIC in an attempt to secure reserved seats, but the ECP rejected their claim, citing SIC’s failure to submit a candidate list on time.

In a letter to the ECP, Sadiq referenced the Supreme Court’s directive to allow independent candidates to join other political parties after the 2024 general elections. This, he noted, effectively permitted a shift in party affiliation after elections.

However, following the July 12 ruling, the Elections (Second Amendment) Act, 2024 was passed by parliament, signed by President Asif Zardari on August 7, and published on August 9. Sadiq highlighted two specific amendments to the act, notably to Sections 66 and 104-A, which are crucial for ECP’s decision-making.

The amendment to Section 66 stipulates that candidates failing to declare their party affiliation before requesting an election symbol will be treated as independents. The amendment to Section 104 specifies that once an independent candidate joins a political party, this decision is final and cannot be changed.

Additionally, Section 1 (2) of the Amended Election Act gives the amendments retroactive effect from 2017, when the Election Act 2017 was first passed.

Given these amendments, Sadiq asserted that independent candidates who have already aligned with a political party cannot switch parties under the Amended Election Act. He concluded that the ECP must fully apply this act, rendering the Supreme Court’s previous judgment unenforceable, as the amended law now takes precedence.