In a letter to the Chief Election Commissioner
Sadiq emphasized that the changes made
by Parliament override the court’s ruling
News Desk
Islamabad: National Assembly Speaker Ayaz Sadiq has formally contested the Supreme Court’s decision on reserved seats. He argues that recent changes to the Election Act make the court’s ruling inapplicable.
In a letter to the Chief Election Commissioner, Ayaz emphasized that the court’s directive can no longer be implemented. This is due to new legislation passed by Parliament. He urged the Election Commission to follow the updated law instead.
The Supreme Court had previously ruled that independent candidates could join political parties after elections. However, Ayaz Sadiq pointed out that Parliament passed an amendment to the Election Act on August 7, 2024. This amendment now prevents independent candidates from switching their political affiliations post-election.
Ayaz Sadiq further stated that the amendment overrides the court’s earlier ruling. He highlighted that past decisions cannot affect the new Election Act.
He urged the Election Commission of Pakistan (ECP) to respect Parliament’s authority. He stressed that it is the ECP’s duty to implement the new laws, including the changes concerning reserved seats.
The Speaker attached copies of the amended legislation with his letter. He reminded the Commission that the new law affects how reserved seats are allocated, making the court’s ruling void under the current legal framework.
This development is likely to spark more debate about the balance of power between Pakistan’s judiciary and Parliament. It also raises questions about the changing rules in the country’s electoral process.
Amendments and Their Impact
The amended Election Act 2017, passed on August 7, 2024, significantly alters how independent candidates can operate after elections. The new law prevents them from switching parties once they join one. It also clarifies that reserved seats must follow this new rule.
The Supreme Court had previously allowed independent candidates to join other parties after elections. This allowed some to switch their affiliation and claim reserved seats. However, the new law, signed by President Asif Zardari, changes this practice.
Speaker Sadiq stated that the amendments are retroactive. They apply to all independent candidates, including those elected before the change.
Supreme Court’s Reserved Seats Verdict
In its July 12 ruling, the Supreme Court had allowed Pakistan Tehreek-e-Insaf (PTI) to claim reserved seats. PTI had contested the 2024 elections as independents, after the Election Commission denied them their electoral symbol due to party disputes.
This ruling was seen as a victory for PTI. However, the new amendment means the court’s decision can no longer be enforced.
Parliamentary Supremacy
Speaker Ayaz Sadiq’s letter emphasizes that the Election Commission must enforce laws passed by Parliament. He argued that the Supreme Court ruling is now outdated. He called on the ECP to apply the amended Election Act and reject any attempt to switch party affiliations post-election.
