The Election Commission of Pakistan (ECP) has filed a petition before the Supreme Court seeking guidance on whether to follow the majority judgment or the recently promulgated Elections (Second) Amendment Act, 2024. The ECP finds itself in a challenging position as it must decide whether to enforce the eight-judge order dated 14-09-24 or the new law enacted by the Parliament with retrospective effect, regarding reserved seats.
The ECP’s petition highlights the complexity of the situation, as complying with the eight-judge order could potentially nullify the newly enacted law, and vice versa. The Supreme Court had previously clarified that the list required to be issued by the Commission was a ministerial act with no substantive effect, but warned that failure to perform this obligation could have consequences.
The Speaker of the National Assembly and Speakers of the Punjab and Sindh Assemblies have emphasized the principle of Parliamentary supremacy and urged the ECP to act in accordance with the existing law. Additionally, candidates whose notifications had been affected by these developments have submitted applications to the Commission seeking implementation of the Elections (Second) Amendment Act.
The ECP has already implemented the majority judges’ order for some candidates, but has sought clarification from the Supreme Court for the remaining candidates due to concerns about the political affiliation confirmation process.
The Commission, as a constitutional body, has consistently operated in compliance with the law and the constitution. It approached the Supreme Court to seek clarification on this matter without delay, in line with its short order.
The petition also references previous Supreme Court judgments emphasizing the power of the legislature to enact laws, and the obligation to respect and follow the laws in effect unless set aside or declared otherwise by the appropriate authorities.
