SC pleaded to bar independents from forming govt

ISLAMABAD: The Supreme Court was requested on Saturday to restrain independent members from forming their government, except by joining a political party of their choice within three days as prescribed in terms of Article 51 read with Article 5 of the Constitution.

Advocate Maulvi Iqbal Haider filed a petition in the apex court under Article 184(3) of the Constitution, naming the federation through the law secretary, the Election Commission of Pakistan (ECP), and the chief election commissioner as respondents.

He prayed for the apex court to declare that independent candidates elected to the national and Provincial Assemblies are obligated to join any political party within three days of the issuance of the gazette, as stipulated by Article 51 read with Article 5 of the Constitution.

He argued that any laws protecting independent members from retaining their seats in the national and provincial assemblies are unjust, unfair, arbitrary, illegal, unconstitutional, and contrary to the parliamentary form of government.

He further requested that the apex court declare that independent candidates elected to the national and provincial assemblies cannot participate in the allocation of reserved seats for women and non-Muslims without joining any political party.

Therefore, the sole purpose of independent members should be to cast their votes for confidence or no confidence, which would discourage corrupt practices such as horse-trading for the formation and duration of the parliamentary form of government.

The petitioner also requested the Election Commission of Pakistan issue a gazette notification for successful independent candidates, directing them to join a political party within three days.

If independent candidates fail to join a political party within the prescribed period, their seats should be declared vacant through a gazette notification under Article 51, read with Article 5 of the Constitution of Pakistan.

He argued that there is no mechanism in the Constitution or existing election laws, including the Representation of the People Act, to allow independent groups to form an independent government in the National Assembly, except for a coalition government under the Political Parties Act.

He emphasised that the Constitution provides for a parliamentary form of government representing the unity of the republic, and the democratic system is based on a parliamentary form of government.

As the matter pertains to the fundamental rights of the public at large, the petitioner urged the court to interpret Articles 5, 9, 10, 14, 18, 25, 51, 63-A, 90, 91, 218, 219, 220, 222, and 224 of the Constitution.