Islamabad: In a recent declaration, the Speaker of the National Assembly, Sardar Ayaz Sadiq, stated that independent candidates who have joined a political party cannot switch allegiances under the Amended Election Act. This ruling underscores the Act’s authority and its overriding impact on previous laws and judgments.
According to Ministry of Information and Broadcasting, Speaker Sadiq communicated these changes in a letter addressed to the Election Commission of Pakistan (ECP). He emphasized that the amendments made by the Amended Election Act must be fully applied by the ECP, rendering prior Supreme Court judgments on the matter unenforceable. Sadiq explained that the modifications to the election laws, particularly after the Supreme Court’s judgment, reflect the statute’s evolution and the legislative intent to uphold parliamentary supremacy and democratic principles.
The speaker referred to the Elections (Second Amendment) Act, 2024, which was ratified by the president and published on August 9, 2024. He highlighted specific provisions within this Act that affect independent candidates. These stipulations mandate that a candidate must declare affiliation through a party certificate before allocation of a symbol, and once an independent candidate joins a party, that decision is irrevocable—regardless of previous laws or court rulings.
Furthermore, Sadiq pointed out that the Amended Election Act has a retrospective effect dating back to the enactment of the Election Act 2017. This underscores the Act’s comprehensive influence over election procedures and candidate affiliations since that time.
The Speaker’s insistence on the supremacy of the Amended Election Act and its adherence by the ECP is an assertion of parliamentary sovereignty, aiming to solidify the integrity and independence of the legislative framework against perceived judicial overreach. This move is also seen as vital in maintaining public trust and confidence in the nation’s democratic institutions.