Reserved seats cannot be changed after Elections Act amendment: Speaker’s letter to Election Commissioner

Reserved seats cannot be changed after Elections Act amendment: Speaker’s letter to Election Commissioner

Speaker National Assembly Ayaz Sadiq has written a letter to the Election Commission of Pakistan regarding the specific seats in which they have been informed about the amendment in the Elections Act 2017.

According to the text of the letter of the Speaker of the National Assembly, specific seats cannot be changed after the amendment of the Elections Act.

Speaking in detail in this regard, the Speaker has said that after the decision of the Supreme Court, there has been a change in the Election Act, which is applicable from the past.

In the copy of the letter sent to the Chief Election Commissioner and all the members, it is said that after the amendment of the Election Act, the decision of the Supreme Court cannot be implemented.

For your attention, the Election Act is currently in force. The Election Commission should implement the law made by the Parliament.

The letter also suggested the Election Commission to ‘follow the principles of democracy and supremacy of Parliament’.

Earlier, on August 7, the Election Commission had filed a review petition against the decision of specific seats in the Supreme Court.

In this petition, the position was taken that Pakistan Tehreek-e-Insaf (PTI) was given relief in the judgment while it was not a party to the case and independent members also did not approach the Supreme Court.

It was stated in the petition that the court decision accepted certain facts which were never on the court record and never claimed by the PTI candidates for certain seats.

’80 members decided to join the Sunni Ittehad Council who submitted their affidavit of joining.’

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According to the petition, ‘since the Sunni Ittehad Council did not participate in the general elections and did not submit the list of specific seats. There is no justification for providing an opportunity for 41 members to re-affiliate the party.’

The Election Commission had said that ‘the Supreme Court ignored the articles and provisions of the constitution and the law in the decision and the decision of July 12 exceeded the judicial jurisdiction.’

It should be noted that on July 12, the Supreme Court annulled the decision of the Election Commission and the High Court while also declaring PTI entitled to specific seats in the National Assembly.

The highest court of the country had annulled the decision of the Peshawar High Court and the Election Commission on March 1 this year. The court nullified the decision to give the reserved seats to the government and said that the decision of the Election Commission was against the constitution.

According to the Supreme Court’s eight to five majority judgment: ‘PTI is and will remain a political party, an election symbol cannot prevent a political party from contesting an election. The Election Commission presented a list of 80 members of the assembly, out of which 39 members belonged to PTI.

The court said that this decision will apply to the National Assembly and all the provincial assemblies.

In the decision, it was said that specific seats in Punjab, Sindh, Khyber Pakhtunkhwa should be given to PTI, while the selected candidates of the party should not be considered as affiliated to any other party or as independent candidates.


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2024-09-20 03:36:14

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