ISLAMABAD: In a landmark ruling on Friday, the Supreme Court of Pakistan granted the Pakistan Tehreek-e-Insaf (PTI) eligibility for reserved seats, overturning previous decisions by both the Peshawar High Court (PHC) and the Election Commission of Pakistan (ECP).
The 8-5 majority verdict was delivered by Justice Mansoor Ali Shah, marking a significant legal victory for the PTI.
Background of the Case
The case arose after PTI-backed independent candidates, having won seats in the February 8 elections, allied with the Sunni Ittehad Council (SIC) to claim reserved seats for minorities and women.
The ECP, however, denied these claims, citing the PTI’s failure to submit a required list of candidates. This decision was upheld by the PHC on March 14, prompting PTI and SIC to seek redress from the Supreme Court.
Supreme Court’s Verdict
Justice Shah, delivering the court’s decision, declared that the absence of an election symbol does not affect a political party’s constitutional or legal rights to participate in elections and secure reserved seats.
The court invalidated the PHC’s judgment dated March 25 and deemed the ECP’s March 1 order unconstitutional and without legal authority.
“The PTI has a constitutional right to reserved seats,” stated the verdict, directing the PTI to present a list of eligible candidates to the ECP within 15 days. The ECP must then publish this list within seven days, formalizing the allocation of reserved seats to PTI.
Composition of the Bench
The full bench, led by Chief Justice Qazi Faez Isa, included Justices Syed Mansoor Ali Shah, Athar Minallah, Shahid Waheed, Muneeb Akhtar, Muhammad Ali Mazhar, Ayesha Malik, Syed Hassan Azhar Rizvi, Irfan Saadat Khan, Yahya Afridi, Amin-ud-Din Khan, Jamal Khan Mandokhail, and Naeem Akhtar Afghan.
Timeline of Events
1. February 8: PTI-backed independents win elections and join SIC.
2. February 21: SIC requests reserved seats from the ECP.
3. March 4: ECP denies the request due to procedural non-compliance.
4. March 14: PHC upholds ECP’s decision.
5. April 2: SIC appeals to the Supreme Court.
6. June 6: A three-member SC bench suspends PHC’s verdict.
7. July 12: Supreme Court rules in favor of PTI.
Implications of the Verdict
The decision has significant political ramifications, particularly for the composition of reserved seats in the National and Provincial Assemblies.
Previously, the PHC’s verdict had allowed the ruling coalition, including PML-N, PPP, and JUI-F, to secure additional reserved seats, which contributed to their two-thirds majority in the National Assembly.
Political Reactions
Legal experts and political analysts have described the verdict as critical and complex.
The government, represented by Attorney General Mansoor Usman Awan, had opposed SIC’s plea, arguing that reserved seats should only be allocated to parties meeting specific criteria, including contesting elections and submitting candidate lists.
Next Steps
PTI is now required to submit its list of eligible candidates for the reserved seats within 15 days. The ECP must then publish this list within a week, effectively reallocating the seats in question to PTI.
This ruling restores PTI’s potential to influence parliamentary proceedings significantly.
This Supreme Court decision reaffirms the importance of constitutional rights and the electoral process in Pakistan. It underscores the judiciary’s role in ensuring fair and lawful political representation.
As PTI prepares to submit its candidate list, the political landscape in Pakistan remains dynamic and closely watched by all stakeholders.