ISLAMABAD: In a letter to the Election Commission of Pakistan (ECP), Speaker of the National Assembly Sardar Ayaz Sadiq stated that the Supreme Court’s judgment on reserved seats “cannot be implemented under the Amended Election Act, 2017”.
In July, the SC declared Imran Khan’s Pakistan Tehreek-i-Insaf (PTI) eligible for seats reserved for women and minorities, dealing a major setback to Prime Minister Shehbaz Sharif’s ruling coalition.
PTI-backed candidates, who had contested and won the February 8 elections as independents after their party was stripped of its election symbol, had joined the Sunni Ittehad Council (SIC) to form a coalition of convenience.
The ECP had raised concerns about who in the PTI should be contacted for verification, given the party’s lack of structure and unrecognised intra-party elections, suggesting that the election regulator might need to seek further directions from the court.
Last week, however, the SC rebuked the “misconceived” request by the ECP seeking clarification regarding its verdict and ordered the “immediate implementation” of its original directions.
Earlier today, the ECP remained undecided on the implementation of SC’s verdict and held a meeting to deliberate on the apex court’s judgment and its September 14 order in response to the clarification sought by the commission, sources told media.
In light of the development, the speaker’s letter, a copy of which is available with Dawn.com, acknowledged the SC’s ruling, stating, “The Honourable Supreme Court of Pakistan… has directed the [ECP]… to allow independent returned candidates to join another political party months after already joining a political party as a result of the General Elections 2024”.
However, the letter stated that the ruling was issued on July 7, with amendments to the Elections Act, 2017 passed on August 7 with presidential assent. The letter highlighted amendments to Sections 66 and 104-A in particular.
According to Section 66, “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.”
