ISLAMABAD: The Supreme Court of Pakistan on Friday overturned the Peshawar High Court’s (PHC) decision to uphold the Election Commission of Pakistan’s (ECP) denial of reserved seats in the assemblies to lawmakers backed by Pakistan Tehreek-e-Insaf (PTI).
Justice Mansoor Ali Shah announced the 8-5 majority verdict, overturning the Peshawar High Court’s (PHC) decision to uphold the Election Commission of Pakistan’s (ECP) denial of reserved seats to the SIC.
The verdict was supported by Justices Athar Minallah, Shahid Waheed, Muneeb Akhtar, Muhammad Ali Mazhar, Ayesha Malik, Syed Hassan Azhar Rizvi, and Irfan Saadat Khan.
The PTI candidates did not contest the polls under a single symbol, leading them to collaborate with the Sunni Ittehad Council (SIC). However, this alliance did not secure the party the reserved seats as the ECP ruled against them.
In its decision today, the court declared that the absence or denial of an election symbol does not affect the constitutional or legal rights of a political party to participate in any type of election, whether general or by-election, and to nominate candidates. The commission is constitutionally obligated to apply all statutory provisions accordingly.
During the proceedings, some jurists noted that the apex court had not ruled out the PTI’s participation in the general elections as a political party, and they argued that the commission had misinterpreted the top court’s verdict.
“PTI was and remains a political party, which secured general seats in the national and provincial assemblies in the 2024 general elections,” read the verdict.
According to the verdict, the PHC’s judgment dated March 25th is overturned. “The order of the ECP dated March 1st is declared to be ultra vires to the Constitution, without lawful authority, and of no legal effect,” it said.
The top court remarked that PTI, as a political party, has a legal and constitutional right to reserved seats. Rejecting the appeals filed by the SIC, the apex court said that the party cannot claim reserved seats as per the Constitution.
The ruling stated that PTI should submit a list of eligible candidates for the reserved seats to the electoral body within 15 days of the verdict.
It added that the ECP should subsequently publish the list of candidates for reserved seats on its website within seven days.
“The seats allocated to the PTI following this stage will be considered their seats. Once PTI secures its seats in parliament, it will be eligible for the reserved seats,” said the ruling.
The full bench, led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, also includes Justice Syed Mansoor Ali Shah, Justice Akhtar, Justice Yahya Afridi, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Mazhar, Justice Minallah, Justice Syed Rizvi, Justice Malik, Justice Waheed, Justice Saadat, and Justice Naeem Akhtar Afghan.
