PML-N presents bill in NA against independent lawmakers joining political parties after time lapse

F.P. Report

ISLAMABAD: The PML-N on Tuesday tabled the Election Act (Amendment) Bill, 2024, in the National Assembly, calling for a restriction on independent lawmakers joining political parties after a certain period.

Tabled by PML-N MNA Bilal Azhar Kayani, the bill’s statement of object and reasons argued that Articles 51 and 106 of the Constitution provided for the allocation of seats to the National Assembly and provincial assemblies, along with the mechanism for the elections. It said they also detailed the treatment for independent candidates that may join a political party within three days of the publication in the official Gazette of the names of the returned candidates.

“The Elections Act, 2017 and rules made thereunder also provide for the right to independent returned candidate or candidates to duly join a political party at his consent. Neither the Constitution nor the Elections Act, 2017 provide for joining a political party by an independent returned candidate or candidates at subsequent stage when they have already exercised the option to join the political party at a point of time as specified in the Constitution.

“To provide clarity in the law in true spirit of the Constitution, this bill has been designed to expressly provide for that no independent candidate or candidates shall exercise his/their right to join a political party at a subsequent stage after the period specified for the purpose in the Constitution and the law,” the statement reasoned.

The bill said that a candidate would be considered an independent instead of a party candidate if they did not file a declaration with the returning officer before the allotment of the election symbol showing their affiliation with a political party through a certificate from the party confirming the same.

“An independent candidate shall not be considered as the candidate of any political party if at later stage he files a statement duly signed and notarised stating that he contested the general elections as a candidate of the political party specified therein.” Another change proposed by the bill said that if any political party failed to submit its list for reserved seats within the prescribed period then it would not be eligible for the quota of reserved seats at a later time.

The change proposed said: “Consent for joining of political party by independent returned candidate to be irrevocable. Notwithstanding anything contained in this act or any other law for the time being in force or a judgment, decree or order of any court, including the Supreme Court of Pakistan and a high court, the consent of an independent returned candidate once given for joining a political party for purposes of clause (6) of Article 51 or clause (3) of Article 106 shall be irrevocable.”

Immediately after the bill was tabled, Law Minister Azam Nazeer Tarar suggested it would be appropriate if the bill was referred to a committee for input from all political parties. National Assembly Speaker Ayaz Sadiq subsequently put the motion to a vote and granted leave to introduce the bill. The development is the latest in the reserved seats saga.