Islamabad (Web Desk): Speaker National Assembly (NA) Sardar Ayaz Sadiq on Thursday said 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 (ECP), the NA speaker said that no allocation can now be made by the ECP 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 letter read.
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 honor 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returned candidate once given for joining a political party shall be irrevocable and cannot be substituted or withdrawn."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.
Meanwhile, Speaker Punjab Assembly Malik Muhammad Ahmad Khan also wrote a letter to the ECP, urging the electoral body 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.