SC to take up PTI plea against tweaks to Elections Act on Dec 4th

ISLAMABAD: A six-judge constitutional bench of the Supreme Court will take up on Wednesday challenges by the Pakistan Tehreek-i-Insaf (PTI) to implementation of the amendments to the Elections Act, 2017 with retrospective effect.

Headed by Justice Aminuddin Khan, the constitutional bench will take up the petitions moved by PTI chairman Gohar Ali Khan, Mohammad Qayyum Khan and Chaudhry Ishtiaq Ahmed Khan.

The bench, consisting of Justice Jamal Khan Mandokhail, Justice Mohammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan, will hear both the appeals against the objections raised by the registrar as well as the main challenges to amendments to the Elections Act.

The petition was filed on Aug 7 after both houses of parliament approved the Elections (2nd Amendment) Bill, 2024. The PTI termed the bill an attack on the top court and said it would challenge the changes.

Bench to also decide appeals against objections raised by registrar

Also, PTI secretary general Salman Akram Raja had filed an application requesting the court to restrain the Election Commission of Pakistan (ECP) from allocating seats reserved for women and non-Muslims to other parties and to set aside the amended law.

Legal observers say if the constitutional bench approved the retroactive application of the second amendment to the Elections Act, 2024, the July 12 decision by eight majority judges of giving reserved seats to the PTI would become nullified.

The PTI argued in the Supreme Court that the past and closed transactions that have taken place in terms of the Constitution and the Elections Act prior to the enactment of the amendment cannot be undone through the new law with retrospective effect.

The petition contended that Section 3 of the Elections Act sought to add restrictions not contained in the Constitution, with respect to the submission of lists of candidates for reserved seats under Articles 51 and 106.

The PTI’s recognition by the Supreme Court as a political party eligible for a proportionate share in the quota for reserved seats and for its nominated and eligible candidates to be elected on the basis of lists filed by the PTI in accordance with the judgement cannot be overridden by section 3 that has purported to amend the Elections Act, the petition argued.

A returned candidate who was “wrongly declared” to be an independent candidate by the ECP and compelled to join a party other than their own could not be prevented from declaring his affiliation to the actual party, the petition argued.

Published in Dawn, December 1st, 2024