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Independent candidates cannot switch parties under Amended Election Act: NA Speaker

Speaker National Assembly Sardar Ayaz Sadiq has said the independent returned candidates who have already given a joining to a political party cannot be allowed now to switch parties in terms of the Amended Election Act, which has paramount and overriding effect.  

In a letter written to the Election Commission of Pakistan, he said no allocation can now be made by the Election Commission without applying the Amended Election Act to the fullest. As the Judgment of the Supreme Court was rendered, based on the law prior to the enactment of the amendment, the said judgment is now incapable of implementation.

The Speaker said it is the Amended Election Act that shall prevail and supersede the prior ruling.

It is pertinent to mention that the above is not only my view, but in fact is the consistent jurisprudence of the Supreme Court as well. The Amended Election Act is in the field, therefore, it is the statutory obligation of the ECP to honor the laws made by Parliament and uphold the principles of democracy and parliamentary supremacy.

Sardar Ayaz Sadiq said after the Judgment of the apex court, the Parliament has been pleased to pass the Elections (Second Amendment) Act, 2024 which received the assent of the President on 7th August 2024 and was published in the Gazette of Pakistan on 9th August 2024.

He referred two particular provisions of the Amended Election Act, which states “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.”