SC sets aside PHC’s order regarding reserved seats

The decision has not only paved the way for the PTI’s return to the parliament, which was kicked out of the February 8 polls owing to the ECP’s December 2023 ruling, but has also increased the pressure on the coalition alliance by changing the composition of the National Assembly.

Justice Mansoor Ali Shah of the SC’s full bench announced the 8-5 majority verdict, nullifying the Peshawar High Court’s (PHC) order wherein it had upheld the Election Commission of Pakistan’s (ECP) decision denying the reserved seats to the SIC.

Chief Justice of Pakistan (CJP) Qazi Faez Isa, and Justice Akhtar agreed with the short order authored by Justice Mandokhail.  It 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 on a single symbol, forcing them to join hands with the Sunni Ittehad Council (SIC), but that could not get the party the reserved seats as the ECP ruled against them.

In its decision today, the court declared that the lack or denial of an election symbol does not in any manner affect the Constitutional or legal rights of a political party to participate in an election, whether general or by, and to field candidates and that the commission is under a Constitutional duty to apply all statutory provisions accordingly.

Some jurists, during the proceedings, had noted that the apex court had not ruled that the PTI could not participate in the general elections as a political party, and that the commission had misinterpreted the top court’s verdict.

“PTI was and is a political party, which secured general seats in the national and provincial assemblies in the general elections of 2024,” read the verdict.

According to the verdict, the PHC’s judgment dated March 25 is set aside. “The order of the ECP dated March 1 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 take reserved seats as per the Constitution.

The ruling said that the PTI should present a list of eligible candidates for the reserved seats to the electoral body within 15 days after the verdict.

It added that the ECP should then publish the list of reserved seats of the candidates on its website within seven days.

“The seats allocated to the PTI after this stage will be considered as their seats. [Once the PTI gets its seats in parliament], it will be eligible for the reserved seats,” said the ruling.

However, Justice Yahya Afridi differed with it, stating that the PTI fulfils the conditions prescribed for a political party under the enabling provisions of the Constitution and the law to allocate reserved seats for women and non-Muslims, but SIC doesn’t.

He directed the ECP to decide the allocation of reserved seats for women and non-Muslims to political parties in the NA and provincial assemblies, after hearing all the parties concerned, and revisit its earlier decisions, within seven days.

Meanwhile, Justice Amin-ud-Din Khan in his short order dismissed all the appeals, petitions and applications and upheld the PHC’s ruling. Justice Naeem Akhtar Afghan agreed with Justice Khan’s order.