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Election Act Amendments Cannot Be Applied Retroactively: SC

ISLAMABAD, (TDI): The Supreme Court of Pakistan has clarified that amendments to the Election Act are ineffective concerning its July 12 ruling.

This clarification comes after the ruling coalition made changes to the Election Act in an attempt to deny reserved seats to the Pakistan Tehreek-e-Insaf (PTI) following the court’s 8-5 verdict.

In response to a request from the Election Commission of Pakistan (ECP), the court’s eight-member bench confirmed that the July 12 decision remains intact and that the amendments do not apply retroactively.

As a result, the ECP is obligated to implement the court’s ruling without seeking further clarification.

In its July ruling, the Supreme Court overturned the decisions of both the Peshawar High Court and the ECP, declaring PTI eligible for reserved seats in the case involving the Sunni Ittehad Council.

Chief Justice Qazi Faez Isa delivered the majority verdict, emphasizing PTI’s status as a legitimate political party.

Also Read: PTI Appeals Election Act Amendment Bill To Supreme Court

The court noted that the loss of an election symbol does not eliminate a party’s right to participate in elections.

Of the 80 candidates submitted by the ECP, 39 are affiliated with PTI and will be recognized as successful candidates.

The remaining 41 candidates have 15 days to submit affidavits confirming their association with PTI.

The PTI has also been directed to provide its list for reserved seats within the same timeframe.

If either the ECP or PTI needs further clarification, they may approach the court.

Also Read: Pakistan nominates First Female Judge to Supreme Court

Additionally, the Supreme Court declared any elections for additional reserved seats null and void, instructing the ECP to issue notifications for reserved seats based on PTI’s list.

This ruling will apply to the National Assembly and the provincial assemblies in Punjab, Khyber Pakhtunkhwa, and Sindh.

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