ISLAMABAD: The National Assembly here on Tuesday passed another Electoral Amendment Bill, 2017 [Elections (Second Amendment, 2024)] clause by clause.
The bill was introduced by Bila Azhar Kayani. All opposition amendments were rejected.
According to the Statement of Aims and Reasons: Articles 51 and 106 of the Constitution of the Islamic Republic of Pakistan provide for the allocation of seats in the National Assembly and Provincial Assemblies along with the mechanism for elections thereto and include that an independent candidate who returns or candidates may properly join a political party within three days of the publication of the names of the returned candidates in the official gazette.
The Electoral Act 2017 and the rules made therein also provide for the right of an independent returned candidate or candidates to properly join a political party with his consent.
Neither the Constitution nor the Electoral Act of 2017 provides for entry into a political party by an independent returned candidate or candidates at the next stage when they have already exercised the opportunity to join a political party within the period specified in the Constitution.
To ensure clarity of law in the true spirit of the Constitution, this Bill has been designed to expressly provide that no independent candidate or candidates shall exercise their right to join a political party at a later stage after the expiry of the period fixed for the purpose in the Constitution and the Act
Law and Justice Minister Azam Nazeer Tarar while explaining the Bill said that the amendments in the Act are not a new thing but further clarify the Constitution and the rules and election laws related to Article 51(6), Article 106(3), Article 63 section 2 and section 104 of the Elections Act, 2017.
Tarar said legislation is the prerogative of Parliament. According to him, the draft law is in accordance with the spirit of the constitution.
The legislation is retroactive and will apply from the commencement of the Electoral Act 2017.
The bill, in an amendment to Section 66 of the Electoral Act, states that if a candidate fails to declare his political party affiliation to the Returning Officer (RO) before applying for the allocation of an election symbol, he shall be deemed to be an independent candidate and not a candidate of any political party “.
The amendment to § 104 states that if a political party does not submit a list of candidates for reserved seats within the specified period, it will not be entitled to reserved seats at a later stage.
Furthermore, it adds a new provision § 104A to the original legislation, which declares the consent or sworn statement of an independent candidate to join a political party as “irrevocable” and prohibits its revocation and substitution. The Legislature argues that “Neither the Constitution nor the Electoral Act 2017 provides for entry into a political party by an independent returned candidate or candidates at a later stage when they have already exercised the option to join a political party at a specified time. in the Constitution”.
