Amended Election Act overrides court ruling on reserved seats: NA Speaker Ayaz Sadiq

The Speaker of the National Assembly, Ayaz Sadiq, has formally challenged the Supreme Court’s decision on reserved seats, stating that the recent amendments to the Election Act render the ruling inapplicable.

In a letter addressed to the Chief Election Commissioner, Ayaz emphasised that after Parliament’s changes to the law, the court’s directive cannot be implemented, and the Election Commission must instead adhere to the new legislation.

The Supreme Court had earlier ruled that independent candidates, after winning elections, could join political parties and alter their political allegiance.

However, in his letter, Speaker Ayaz Sadiq pointed out that Parliament passed an amendment to the Election Act on August 7, 2024, prohibiting independent candidates who join a party post-election from switching their affiliation.

This amendment, he argued, supersedes the Supreme Court’s ruling.

Ayaz Sadiq further highlighted that previous decisions cannot retroactively influence the changes in the Election Act.

He called on the Election Commission of Pakistan (ECP) to respect parliamentary supremacy and fully implement the new provisions concerning reserved seats.

He stressed that it is the ECP’s constitutional duty to uphold laws passed by the Parliament and ensure their enforcement.

Speaker Ayaz also attached copies of the amended legislation and reminded the Commission that the amendment directly affects the allocation of reserved seats, making the court’s earlier ruling void under the new legal framework.

The speaker concluded by urging the ECP to take immediate action and ensure that the revised Election Act is fully implemented, including its provisions regarding reserved seats and party affiliation changes.

This development will likely fuel further debate on the balance of power between Pakistan’s judiciary and Parliament and the evolving rules governing the country’s electoral processes.