Reserved Seats
ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) on Saturday approached the Supreme Court of Pakistan, seeking clarification regarding letters sent by National Assembly (NA) Speaker Ayaz Sadiq and Punjab Assembly Speaker Malik Muhammad Ahmad Khan to the Election Commission of Pakistan (ECP).
These letters pertained to the issue of reserved seats in light of recent amendments to the Election Act 2017.
The petition was filed on behalf of PTI Chairman Barrister Gohar Ali Khan by lawyer Uzair Karamat Bhandari. PTI has requested the apex court to clarify that the “Elections (Second Amendment) Act, 2024” does not affect the binding nature of the Supreme Court’s short order issued on July 12, 2024.
The party argues that the implementation of the court’s decision should not be hindered by the recent legislative changes.
The case revolves around a letter sent by NA Speaker Ayaz Sadiq to the ECP, in which he claimed that the Supreme Court’s earlier ruling—declaring PTI eligible for reserved seats—was “incapable of implementation” following amendments made to the Election Act 2017.
A similar letter was also sent to the ECP by the Punjab Assembly Speaker, raising concerns about how these amendments would affect the reserved seats allocation.
In response, PTI’s plea emphasizes that the Supreme Court’s ruling cannot be overturned or diminished by ordinary legislation.
The ruling coalition, led by the Pakistan People’s Party (PPP), pushed through the Elections (Second Amendment) Act, 2024 in both houses of parliament on August 6, 2024, and it was enacted after President Asif Ali Zardari gave his assent on August 9, 2024.
The amendments introduced two key changes to the Elections Act, particularly Sections 66 and 104-A, which NA Speaker Ayaz Sadiq highlighted in his letter.
According to the amendment to Section 66, if a candidate does not declare affiliation with a political party before the allocation of an election symbol, they will be considered an independent candidate.
Additionally, Section 104-A was amended to stipulate that once an independent candidate joins a political party, their affiliation is irrevocable and cannot be withdrawn.
The amendment also included a provision that the changes would apply retrospectively, taking effect from 2017, when the Election Act 2017 was originally passed.
PTI’s petition refers to a clarification order issued by eight Supreme Court judges following an ECP request for guidance on the July 12 short order, which had declared that the returned candidates belonged to PTI.
The party argues that the amendments introduced by the NA and PA speakers do not accurately reflect the constitutional or legal standing and should therefore be disregarded by the ECP.
PTI’s plea asserts that the ECP is legally bound to implement the Supreme Court’s short order from July 12, 2024, and should not allocate reserved seats to any other political party until the matter is resolved. The petition calls for the ECP to refrain from taking any actions contrary to the court’s original ruling.
By filing this petition, PTI is seeking to ensure that its position regarding reserved seats remains intact and that the Supreme Court’s ruling is upheld without being undermined by legislative amendments or the actions of parliamentary figures.
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