ISLAMABAD: The Parliamentary Affairs Committee of the National Assembly, the lower house of Pakistan’s bicameral parliament, has approved the Election Act Amendment Bill. This bill is seen as a move to checkmate jailed former Prime Minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party from getting independently elected lawmakers into the party in the light of the Supreme Court’s verdict on reserved seats.
The meeting saw heated exchanges between opposition member Ali Muhammad Khan and Minister for Parliamentary Affairs Azam Nazir Tarar.
Despite opposition from PTI, the bill was approved by a majority vote, with six members in favor and four against. Jamiat Ulema-e-Islam (JUI-F) lawmaker Shahid Akhtar Ali abstained from voting while members of the ruling coalition’s major ally, Pakistan Peoples Party (PPP), were absent from the meeting.
Law Minister Azam Nazeer Tarar clarified that the bill addresses issues related to independent members joining political parties and the handling of reserved seats. Ali Muhammad Khan of PTI argued that, as this is a private member’s bill, the law minister should not be advocating for it.
Introduced by Pakistan Muslim League-Nawaz (PML-N) lawmaker Bilal Azhar Kiyani, the bill proposes amendments to Sections 66 and 104 of the Elections Act, 2017.
Key Provisions of the Bill
Restriction on Independent Candidates: The bill stipulates that individuals who contested general elections as independent candidates cannot later change their affiliation to a political party. An independent candidate cannot be considered a party candidate if they subsequently submit a notarized statement declaring such an affiliation.
Reserved Seats Eligibility: Political parties that fail to submit their list of reserved seats to the Election Commission of Pakistan (ECP) within the stipulated timeframe will forfeit their eligibility for these seats. A party missing the deadline will lose its quota for reserved seats.
Declaration of Affiliation: The bill proposes that candidates will be considered independents if they do not submit a declaration of affiliation with a political party before requesting an election symbol. If a candidate fails to provide a party certificate confirming their affiliation, they will be deemed an independent candidate.
Amendments target PTI
The proposed amendment to the Elections Act 2017 aims to revise Sections 66 and 104, imposing restrictions on independent candidates from joining political parties after a specified period.
The amendment stipulates that parties failing to submit their list of reserved seats within the designated timeframe will forfeit their eligibility for these seats. It also mandates that candidates who do not provide an affidavit of party affiliation to the returning officer will be classified as independents, and any subsequent declaration of party affiliation post-election will not be recognized.
This amendment will be applied retroactively, targeting the 41 independent lawmakers who could potentially join Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party following the Supreme Court’s July 12 verdict. The court had recognized PTI as a legitimate party and ruled that independents could join it. Additionally, the court ruled that 39 members who had shown affiliation with PTI during their nomination were already considered PTI members, while another 41 lawmakers, elected with PTI support, could join the party after submitting an affidavit.
The Election Commission of Pakistan has already acknowledged 39 lawmakers as PTI members, but the status of the remaining 41 is still unresolved. Following the verdict, PTI was poised to become the largest party in parliament, potentially reducing the ruling coalition’s two-thirds majority and gaining a share of the reserved seats.
The new law, if enacted, would prevent these 41 independent candidates from joining PTI, as they had already aligned with the Sunni Ittehad Council (SIC) post-election. PTI had encouraged its supported independents to join SIC to secure a share of the reserved seats, based on parliamentary strength. However, SIC’s attempt to claim reserved seats failed, and its petition led to the Supreme Court’s ruling allowing independents to join PTI.
