LAHORE: The Election (Second Amendment) Act 2024 has been challenged in the Lahore High Court for allegedly being in violation of the Constitution.
Azhar Siddique, a Supreme Court’s lawyer, filed a petition against the law, pleading that the Supreme Court, through its July 12 judgment, took into account the alleged gross violations of Article 17 and the fundamental constitutional right of the people to participate in the democratic process by voting for political parties/candidates of their choice.
He said the apex court exercised its constitutional jurisdiction to do justice to the people of Pakistan by directing that the PTI-backed independent returned candidates be recognised as the candidates of the party (PTI).
The petitioner argued that the SC correctly held that the constitutional entitlement of the people to elect their representatives on account of their affiliation to a political party could not have been denied by the Election Commission of Pakistan (ECP) for any reason whatsoever.
He further argued that the July 12 judgment passed by the SC cannot be overruled or violated through an amendment in the law, but can only be done through a constitutional amendment.
He alleged that the amendments made through the impugned Act are party-specific and the ruling parties are already enjoying the quota of reserved seats, and they cannot be given a right to take an advantage of the amendments.
Advocate Siddique pleaded that the parliament cannot make an amendment or a rule which ultimately benefits certain parties and is detrimental to a specific party.
He asked the court to declare the Elections (second amendment) Act, 2024 ultra vires of the Constitution and restrain the ECP from allocating reserved seats to any other political party in the National Assembly and provincial assembly of Punjab, that are proportionate to the PTI’s entitlement.
The petition’s hearing has been fixed for Aug 13 before the court of Justice Sultan Tanvir Ahmad.
Published in Dawn, August 13th, 2024