Top court asks how one political party can get reserved seats of another party Case referred to Judges Committee for larger bench Hearing adjourned till June 3.
ISLAMABAD - Supreme Court of Pakistan on Monday suspended the Peshawar High Court (PHC) and the Election Commission of Pakistan’s (ECP) order allocating over and above reserved seats to other parties.
The court says how one political party can get reserved seats of another party. The court also referred the matter to the Judges committee for the formation of a larger bench. The hearing was later adjourned till 3rd June 2024.
A three-member bench of the apex court headed by Justice Mansoor Ali Shah, and comprising Justice Muhammad Ali Mazhar and Justice Athar Minallah conducted hearing of Sunni Ittehad Council (SIC) petitions.
It, however, clarified that this interim order relates to the disputed seats only, i.e., the reserved seats allocated over and above the initially allocated reserved seats to the political parties. It is also clarified that this order is to operate prospectively, w.e.f., from today (May 5, 2024). The bench issued notices to the Attorney General for Pakistan (AGP), and the Advocates-General of the Provinces under Order XXVII-A CPC.
The SIC, comprising PTI-backed lawmakers, challenged on April 1 the PHC’s March 14 order that deprived the party of reserved seats. The petition stated that the PTI candidates joined the SIC after their party lost its electoral symbol, adding that the ECP also raised no objections to the above independent returned candidates joining the SIC.
The party contended that the fundamental premise of the proportional representation system for allocating reserved seats for women and non-Muslims, as outlined in Article 51(6)(d)(e) and Article 106(3)(c) of the Constitution, 1973, does not hinge on whether a political party submits candidate lists for reserved seats before the general election or whether the party contested the election.
Instead, the party asserted that the core constitutional basis for the right to reserved seats under the proportional representation system is determined by the “total number of general seats secured by each political party from the province concerned in the National Assembly” or the “total number of general seats secured by each political party in the provincial assembly.”
The PHC on March 23, 2024 through its earlier verdict dashed the PTI’s hopes of getting reserved seats as it dismissed the Sunni Ittehad Council’s (SIC) petition challenging the ECP’s ruling that denied reserved seats to the party.
PTI-backed independent candidates had found a new home in the SIC after the party lost its election symbol as a result of the ruling in the intra-party election case.
This is the first time the PTI has managed to secure relief from the apex court during the tenure of CJP Qazi Faez Isa. During the hearing, Justice Shah summoned the Attorney General for Pakistan (AGP) and an ECP representative as the court took up a petition filed by the SIC.
As the hearing commenced, Justice Shah observed that the basic principle of democracy and the Constitution is the people’s mandate, which should be reflected in the parliament. “A majority cannot be negated on technical grounds,” the court added. The bench also inquired whether the Constitution or the election act stipulated that reserved seats would be reallocated to other parties such as the PML-N, PPPP, etc.
“If a political party is unable to attain an election symbol, its voters would be disenfranchised,” observed Justice Athar Minallah.
Additional Attorney General Chaudhry Amir Rehman argued that the matter required “constitutional interpretation” and requested that a larger bench be formed for adjudication.
However, he was informed that the hearing is at the “leave granting stage”. The bench further noted that after the initial hearing, the matter regarding the requirement of a larger bench will be considered.
