Scribd Logo
Upload

Welcome to Scribd!

  • 6K views

    From Hon. Speaker To CEC

    Uploaded by

    jahanzaib yasin
    Speaker NA

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    From Hon. Speaker To CEC

    Uploaded by

    jahanzaib yasin
    6K views3 pages
    Speaker NA

    Original Title

    From Hon. Speaker to CEC

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Speaker NA

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    6K views3 pages

    From Hon. Speaker To CEC

    Uploaded by

    jahanzaib yasin
    Speaker NA

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    Speaker

    National Assembly of Pakistan


    Sardar Ayaz Sadiq
    Islamabad, the 19th September, 2024

    The Election Commission of Pakistan


    Election House, Constitution Avenue
    Islamabad

    Subject: IMPORTANCE OF UPHOLDING PARLIAMENTARY SOVEREIGNTY


    AND ALLOCATIONOF RESERVE SEATS

    As Speaker of the National Assembly, I wish to address an issue of


    paramount importance: the concept of parliamentary sovereignty and its implications for
    our democratic process. Upholding the principles of parliamentary sovereignty are
    essential in maintaining the integrity and independence of our parliamentary system.
    Any actions perceived as undermining the sovereignty of the Parliament can erode public
    trust and confidence in our institutions.

    2 The Honourable SupremeCourt of Pakistan in its judgment titled Sunni


    Ittehad Council and others versus Election Commission of Pakistan dated 12.7.2024
    reported as 2024 SCP 236, has directed the Election Commission of Pakistan (hereinafter
    "ECP") to allow independent returned candidates to join another political partymonths
    after already joining a political party as aresult of the General Elections 2024 (hereinafter
    the "Judgment of the SC"). In effect, the Judgment of the SC has allowed a returned
    candidate to switch political parties.

    1
    3. After the Judgment of the SC, the Parliament (Majlis-e-Shoora) 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 (hereinafter the "Amended Election Act"). Two particular provisions of the
    Amended Election Act are particularly relevant for your consideration and the same are
    reproduced hereunder for ready reference:
    Amendment to Section 66 of the Election Act, 2017:

    "Provided that if acandidate, before seeking allotrment 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.

    Amendment to Section 104-A of the Election Act, 2017:

    "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."

    4 Furthermore, Section 1(2) of the Amended Election Act categorically states that

    the said amendments willhave retrospective effect from 2017 when the Election Act 2017
    was passed.

    5 In view of this backdrop, it is stated that independent returned candidates who

    have already given a joining to a political party cannot be allowed to now switch parties
    in terms of the Amended Election Act which has paramount and overriding effect. No
    allocation can now be made by the ECP without applying the Amended Election Act to
    the fullest. As the Judgement of the SC was rendered based on the law prior to the
    enactment of the amendment, the said judgment is now incapable of implementation.
    2
    Instead, it is the Amended Election Act that shall prevail and supersede the prior ruling.
    It is pertinent to mention here that the above is not only my view but in fact is the
    consistent jurisprudence of the Honourable Supreme Court as well.
    6. It isalso brought to your kind notice that 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.

    Warm Regards,

    ada
    (SARDAR AYAZ ADIQ)

    Copy forwarded to :
    i. The Chief Election Commissioner, Election Commission of Pakistan,
    Islamabad.
    ii. AllMembers, Election Commission of Pakistan, Islamabad.
    iii. The Secretary, Election Commission of Pakistan, Islamabad.

    You might also like