Federal government, ECP, others issued notices in Election Act amendment case
Pakistan
The case has been adjourned until September 9
LAHORE (Dunya News) - The Lahore High Court (LHC) has issued notice to the federal government, Election Commission of Pakistan (ECP) and other parties in a case pertaining to the amendment in the Election Act.
LHC’s Justice Muhammad Raza Qureshi heard the application filed by Advocate Muneer Ahmed against the Election Act amendment.
The application has made the Senate chairman, National Assembly speaker, PM, opposition leader and political parties respondents in the case.
The assistant attorney general informed the court that an additional attorney general couldn’t appear before the court due to his busy schedule and requested adjournment of the case hearing.
Applicant’s lawyer Azhar Saddique informed that the court has issued a notice of 27 A to Attorney General of Pakistan and additional attorney general appearance wasn’t necessary.
Lawyer added that the Supreme Court had directed for immediate verdict issuance on the application.
Azhar Siddique said that the court was due to issue judgment on the application under the Article 187 Section 2 of the constitution.
The Election Act was enforced from the past by making amendments in it and now law could not be enacted from the past, the lawyer stated in the court.
Consequently, LHC has issued notices to the federal government and others in the case by adjourning the case hearing until September 9.
In the last hearing of this case on August 24, LHC’s Justice Shakeel Ahmad heard the case and issued the two-page written verdict.
Petitioner in his petition contended that four amendments were made in the Election Act to revoke the Supreme Court reserved seats verdict. The amendment act was passed without approval of the relevant committee and consultation.
The petitioner contended that Parliament couldn’t nullify the member bench decision by amendment in the act and requested to declare the amendment null and void.
Citizen Mashkoor Hussain had also filed the petition through Nadeem Sarwar against the Election Act amendment.
It is pertinent to note that Pakistan Tehreek-e-Insaf (PTI) has also challenged the Election Act amendment in the Supreme Court on August 7, labelled it violation of constitution and law and aimed to thwart PTI.
ELECTION ACT AMENDMENT
President Asif Ali Zardari on August 8 signed the 'controversial' Election Act Amendment Bill 2024 which became a law.
The Senate passed the Election Act Amendment Bill by a majority vote despite protest by the opposition Pakistan Tehreek-e-Insaf (PTI) on Aug 6.
As the session started with Yousuf Raza Gilani in the chair, Pakistan Muslim League-Nawaz (PML-N) Senator Talal Chaudhry presented the Election Act Amendment Bill. The opposition members stood on their seats and started to protest.
Related news: Reserved seats granted to party having no representation in Parliament, says Atta Tarar
The amendment provides that “a candidate who does not submit the party certificate before obtaining the election symbol will be considered an independent candidate.
If the list of candidates for reserved seats is not submitted within the specified period, no political party will be entitled to those seats.”
It also provides that any candidate's declaration of affiliation to a political party will be irrevocable.
SC RESERVED SEATS VERDICT
Last month, a 13-member full court bench led by Chief Justice of Pakistan Qazi Faez Isa delivered a verdict on the Sunni Ittehad Council (SIC) petition related to reserved seats.
Justices Aminuddin Khan and Naeem Afghan had dissented from the majority decision.
The Supreme Court had annulled the decisions of the Peshawar High Court and the Election Commission, ordering that the reserved seats be allocated to the PTI.
Read more: Reserved seats: SC tips the scales in PTI's favour in landmark verdict
