- PML-N tables Election Act (Amend) Bill, 2024 against independent lawmakers joining political parties after time lapse
- Bill argues Articles 51 and 106 provide for allocation of seats, along with a mechanism for elections
ISLAMABAD: Being labeled as the “first legal bombshell,” the ruling PML-N on Tuesday tabled in the National Assembly the Election Act (Amendment) Bill, 2024, seeking a restriction on independent lawmakers joining political parties after a certain period.
PML-N member Bilal Azhar Kayani tabled the bill, which argues that Articles 51 and 106 of the Constitution provided for the allocation of seats to the National Assembly and provincial assemblies, along with the mechanism for the elections.
The picture of the Bill introduced by MNAs Mr. Bilal Azhar Kayani & Ms. Zeb Jaffar @BilalAKayani @ZebJaffarPk pic.twitter.com/ZSN0tmqB3L
— National Assembly 🇵🇰 (@NAofPakistan) July 30, 2024
Political pundits have anticipated the government to prevent Pakistan Tehreek-e-Insaf (PTI) assembly members from taking oaths on reserved seats, with significant legal and legislative moves, despite the Election Commission’s notifications.
The introduced bill the constitutional provisions detailed the treatment for independent candidates that may join a political party within three days of the publication in the official Gazette of the names of the returned candidates.
“The Elections Act, 2017 and rules made thereunder also provide for the right to independent returned candidate or candidates to duly join a political party at his consent. Neither the Constitution nor the Elections Act, 2017 provide for joining a political party by an independent returned candidate or candidates at subsequent stage when they have already exercised the option to join the political party at a point of time as specified in the Constitution.
“To provide clarity in the law in true spirit of the Constitution, this bill has been designed to expressly provide for that no independent candidate or candidates shall exercise his/their right to join a political party at a subsequent stage after the period specified for the purpose in the Constitution and the law,” the statement reasoned.
The bill said that a candidate would be considered an independent instead of a party candidate if he/she did not file a declaration with the returning officer before the allotment of the election symbol showing their affiliation with a political party through a certificate from the party confirming the same.
“An independent candidate shall not be considered as the candidate of any political party at a later stage he files a statement duly signed and notarised, stating that he contested the general elections as a candidate of the political party specified therein.”
Another change proposed by the bill says that if any political party failed to submit its list for reserved seats within the prescribed period then it would not be eligible for the quota of reserved seats at a later time.
The change proposed said: “Consent for joining of political party by independent returned candidate to be irrevocable. Notwithstanding anything contained in this act or any other law for the time being in force or a judgment, decree or order of any court, including the Supreme Court of Pakistan and a high court, the consent of an independent returned candidate once given for joining a political party for purposes of clause (6) of Article 51 or clause (3) of Article 106 shall be irrevocable.”
Immediately after the bill was tabled, Law Minister Azam Nazeer Tarar suggested it would be appropriate if the bill was referred to a committee for input from all political parties.
Subsequently, National Assembly Speaker Ayaz Sadiq put the motion to a vote and granted leave to introduce the bill.
On July 12, in a majority verdict, the Supreme Court had declared the PTI eligible for receiving reserved seats for women and non-Muslims in the national and provincial assemblies, besides declaring the party to be a parliamentary party.
Despite an 8-5 split, all 13 judges declared the PTI a parliamentary party.
The majority judgement explained that 39 out of the 80 MNAs, shown by the ECP as PTI candidates, belonged to the party.
The rest of the 41 independents would have to file duly signed and notarised statements before the commission within 15 days, explaining that they contested the February 8 general elections as a candidate of a particular political party.
On July 19, the ECP had finally decided to implement the apex court’s decision. The ECP partially implemented the Supreme Court’s ruling last week, notifying 39 of the 80 returned MNAs as PTI lawmakers, after an inordinate delay.
For the remaining 41 lawmakers, the ECP submitted a document to the Supreme Court seeking guidance on verifying their affiliation in the absence of the party’s organisational structure.
The PTI also submitted the list of candidates for reserved seats for women and minorities in the National Assembly and three provincial assemblies to the ECP last week but surprisingly decided to keep the details secret for now.
On Monday, the ECP, in line with the Apex Court verdict, notified 93 returned members of three provincial assemblies as the lawmakers belonging to the PTI, but still failed to de-notify those who had been allocated additional reserved seats in the national as well as provincial assemblies.
