Election Act Amendment Bill 2024 gets presidential assent amid legal wrangling

ISLAMABADOn Wednesday, President Asif Ali Zardari signed the ‘controversial’ Election Act Amendment Bill 2024 into law.

The gazette notification will be released today (Thursday), after the bill has been delivered to the Senate Secretariat.

On August 6, amid protests from the opposition Pakistan Tehreek-e-Insaf (PTI), the Senate passed the Election Act Amendment Bill by a majority.

As the session began with Yousuf Raza Gilani in the chair, Pakistan Muslim League-Nawaz (PML-N) Senator Talal Chaudhry introduced the Election Act Amendment Bill. The opposition members stood on their seats and began to protest.

The amendment states that “a candidate who does not submit the party certificate prior to obtaining the election symbol will be considered an independent candidate.” If the list of candidates for reserved seats is not submitted by the deadline, no political party will be eligible for those seats.”

It further states that any candidate’s declaration of political party affiliation is irrevocable.

PTI challenges the bill.

On Wednesday, the Pakistan Tehreek-e-Insaf (PTI) filed a petition in the Supreme Court challenging the Election Act Amendment Bill.

The judgment was made a day after the government enacted the Election Act Amendment Bill 2024, which denied the PTI reserved seats following the Supreme Court ruling.

PTI president Barrister Gohar Ali Khan filed a suit before the Supreme Court through Advocate Salman Akram Raja, naming the federal government and the Election Commission of Pakistan as respondents.

According to the motion, the PTI submitted a list of candidates to the ECP and must be allocated reserved seats in accordance with the July 12 Supreme Court decision.

ECP FILES REVIEW, PLEASE

The Election Commission of Pakistan (ECP), on the other hand, has filed a review petition challenging the Supreme Court’s ruling on reserved seats in favour of the Pakistan Tehreek-e-Insaf.

Last month, a 13-member full court bench chaired by Chief Justice of Pakistan Qazi Faez Isa issued a decision on the Sunni Ittehad Council (SIC) appeal about reserved seats.

Justices Aminuddin Khan and Naeem Afghan dissented from the majority decision.

The Supreme Court overturned the findings of the Peshawar High Court and the Election Commission, ordering that the PTI be granted the reserved seats.

ECP’S EARLIER STANCE

Earlier, the Election Commission of Pakistan (ECP) agreed to act on the Supreme Court’s judgment on reserved seats for PTI candidates.

The decision was made following a series of discussions chaired by Chief Election Commissioner Sikandar Sultan Raja.

The ECP chief advised its legal team to consider the urgency to act on the Supreme Court’s ruling.

A LANDMARK VERDICT.

Going against the grain of its prior decisions on the PTI in the run-up to the February 8 election, the Supreme Court overruled the Peshawar High Court’s order to deprive the PTI of reserved seats for non-Muslim and female candidates in assemblies.

In a majority 8-5 judgment, the Supreme Court ruled that the electoral Commission of Pakistan’s (ECP) handling of reserved seats was ‘unconstitutional’, adding that the PTI will continue to exist as a political party even if not awarded an electoral symbol.

The ruling was written by Justice Mansoor Ali Shah.

Justices Athar Minallah, Mansoor Ali Shah, Muneeb Akhtar, Ayesha Malik, Irfan Saadat, Shahid Waheed, Hassan Azhar Rizvi, and Ali Mazhar ruled in favour of the PTI.

Chief Justice Qazi Faez Isa, Justice Jamal Mandokhail, Justice Naeem Afghan, and Justice Aminuddin Khan all sided against the PTI.

Moreover, Justice Yahya Afridi wrote a dissenting note.ISLAMABADOn Wednesday, President Asif Ali Zardari signed the ‘controversial’ Election Act Amendment Bill 2024 into law.

The gazette notification will be released today (Thursday), after the bill has been delivered to the Senate Secretariat.

On August 6, amid protests from the opposition Pakistan Tehreek-e-Insaf (PTI), the Senate passed the Election Act Amendment Bill by a majority.

As the session began with Yousuf Raza Gilani in the chair, Pakistan Muslim League-Nawaz (PML-N) Senator Talal Chaudhry introduced the Election Act Amendment Bill. The opposition members stood on their seats and began to protest.

The amendment states that “a candidate who does not submit the party certificate prior to obtaining the election symbol will be considered an independent candidate.” If the list of candidates for reserved seats is not submitted by the deadline, no political party will be eligible for those seats.”

It further states that any candidate’s declaration of political party affiliation is irrevocable.

PTI challenges the bill.

On Wednesday, the Pakistan Tehreek-e-Insaf (PTI) filed a petition in the Supreme Court challenging the Election Act Amendment Bill.

The judgment was made a day after the government enacted the Election Act Amendment Bill 2024, which denied the PTI reserved seats following the Supreme Court ruling.

PTI president Barrister Gohar Ali Khan filed a suit before the Supreme Court through Advocate Salman Akram Raja, naming the federal government and the Election Commission of Pakistan as respondents.

According to the motion, the PTI submitted a list of candidates to the ECP and must be allocated reserved seats in accordance with the July 12 Supreme Court decision.

ECP FILES REVIEW, PLEASE

The Election Commission of Pakistan (ECP), on the other hand, has filed a review petition challenging the Supreme Court’s ruling on reserved seats in favour of the Pakistan Tehreek-e-Insaf.

Last month, a 13-member full court bench chaired by Chief Justice of Pakistan Qazi Faez Isa issued a decision on the Sunni Ittehad Council (SIC) appeal about reserved seats.

Justices Aminuddin Khan and Naeem Afghan dissented from the majority decision.

The Supreme Court overturned the findings of the Peshawar High Court and the Election Commission, ordering that the PTI be granted the reserved seats.

ECP’S EARLIER STANCE

Earlier, the Election Commission of Pakistan (ECP) agreed to act on the Supreme Court’s judgment on reserved seats for PTI candidates.

The decision was made following a series of discussions chaired by Chief Election Commissioner Sikandar Sultan Raja.

The ECP chief advised its legal team to consider the urgency to act on the Supreme Court’s ruling.

A LANDMARK VERDICT.

Going against the grain of its prior decisions on the PTI in the run-up to the February 8 election, the Supreme Court overruled the Peshawar High Court’s order to deprive the PTI of reserved seats for non-Muslim and female candidates in assemblies.

In a majority 8-5 judgment, the Supreme Court ruled that the electoral Commission of Pakistan’s (ECP) handling of reserved seats was ‘unconstitutional’, adding that the PTI will continue to exist as a political party even if not awarded an electoral symbol.

The ruling was written by Justice Mansoor Ali Shah.

Justices Athar Minallah, Mansoor Ali Shah, Muneeb Akhtar, Ayesha Malik, Irfan Saadat, Shahid Waheed, Hassan Azhar Rizvi, and Ali Mazhar ruled in favour of the PTI.

Chief Justice Qazi Faez Isa, Justice Jamal Mandokhail, Justice Naeem Afghan, and Justice Aminuddin Khan all sided against the PTI.

Moreover, Justice Yahya Afridi wrote a dissenting note.

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