Once declared, MPs can’t change parties, govt bill tabled in NA

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DNA

ISLAMABAD  –  The federal government yesterday tabled the Election Act (Amendment) Bill, 2024, in the National Assembly, proposing that the individuals who contested general election as independent candidate cannot change their affidavit at a later stage to declare affiliation with any political party.

The bill was moved by PML-N lawmaker Bilal Azhar Kiyani in the assembly. The amendments have been proposed to the Section 66 and Section 104 of the Election Act, 2017.

After tabling the bill in the house, Law Minister Nazir Tarar recommended the bill be referred to the standing committee, which Speaker Sadiq subsequently did, instructing the committee chairman to convene a meeting the following day.

“Provided further that an independent candidate shall not be considered as the candidate of any political party if at later stage he files a statement duly signed and notarised stating that he contested the general elections as a candidate of the political party specified therein,” read the bill.

The bill also proposed that political parties who failed to submit list of the reserved seats within the stipulated time to the Election Commission of Pakistan (ECP) will not be eligible for the reserved seats.

“Provided further that if any political party fails to submit its list for reserved seats within the aforesaid prescribed time period, it shall not be eligible for the quota in the reserved seats at later stage,” the bill stated.

Moreover, it proposed that any candidate will be considered as an independent candidate if they fail to submit declaration for affiliation with a political party before seeking the allotment of an election symbol.  “Provided that if a candidate, before seeking allotment 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,” the bill read.

“This Act shall come into force at once and shall be deemed to have taken effect on and from the commencement of the Elections Act, 2017,” the bill also explains.

The amendment bill was tabled amid strong criticism from the opposition benches.

Under this initiative, the government manoeuvring to obstructing PTI’s assembly oath-taking, even though the first day of the session is typically reserved for private matters. This move could prevent PTI members from taking their oath despite the Election Commission’s notification under which these members have been declared part of PTI following the apex court decision.

The development is the latest in the reserved seats saga.

In a unique majority verdict, the Supreme Court on July 12 had declared the PTI eligible to receive reserved seats for women and non-Muslims in the national and provincial assemblies, giving it a new lease on life in the legislature by declaring it to be a parliamentary party.

Despite an 8-5 split, all 13 judges declared the PTI a parliamentary party.

The majority judgement explained that 39 out of the 80 MNAs, shown by the ECP as PTI candidates, belonged to the party.

The rest of the 41 independents would have to file duly signed and notarised statements before the commission within 15 days, explaining that they contested the February 8 general elections as a candidate of a particular political party.

The ECP had finally decided on July 19 to implement the apex court’s decision. The ECP partially implemented the Supreme Court’s ruling last week, notifying 39 of the 80 returned MNAs as PTI lawmakers, after an inordinate delay.

For the remaining 41 lawmakers, the ECP submitted a document to the Supreme Court seeking guidance on verifying their affiliation in the absence of the party’s organisational structure.

Additionally, the Pakistan National Excellence Institute Bill 2024 was passed during the session. Amjad Ali Khan of the Sunni Ittehad Council presented a bill to criminalise enforced disappearances, which was also referred to the standing committee.

Further, the West Pakistan Maintenance of Public Order Amendment Bill was presented by Sahibzada Sibghatullah and referred to the relevant committee by the speaker. Agha Rafiullah introduced the Federal Employees Benevolent Fund and Group Insurance Amendment Bill 2024, which was sent to the standing committee.

Amjad Ali Khan also introduced a constitutional amendment bill to add Article 9A, which was referred to the relevant standing committee.