SC backs PTI bid for reserved seats in detailed judgment amid NA speaker’s concerns
ISLAMABAD: The Supreme Court of Pakistan on Monday issued a detailed verdict of the reserved seats case terming the Pakistan Tehreek-e-Insaf (PTI) “a political party” and eligible for the seats’ quota.
The 70-page judgment, penned by Justice Mansoor Ali Shah, comes days after National Assembly Speaker Ayaz Sadiq had written to the Election Commission of Pakistan (ECP) saying that the apex court’s July 12 short order was “incapable of implementation” after the amendments to Election Act 2017.
The letter referred to the top court’s 8-5 majority verdict which had paved the way for the Imran Khan-founded party’s resurrection in the assemblies after being kicked out of the February 8 polls.
Elaborating on a party’s eligibility to contest the polls, the detailed judgment stresses that the lack of an electoral symbol does not effect its constitutional right to take part in elections.
“The Constitution and the law do not prevent any political party from fielding candidates,” the order says while referring to the ECP’s decision which had revoked the PTI’s “bat” symbol over irregularities in its intra-party polls.
Elaborating on a party’s eligibility to contest the polls, the detailed judgment stresses that the lack of an electoral symbol does not affect its constitutional right to take part in elections.
“The Constitution and the law do not prevent any political party from fielding candidates,” the order says while referring to the ECP’s decision which had revoked the PTI’s “bat” symbol over apparent irregularities in its intra-party polls.
The PTI is a political party and won seats in the national and provincial legislatures in the general elections, the court remarked, while directing the country’s top electoral body to notify the former ruling party’s members on the reserved seats.
“The ECP’s March 1 decision is contradictory to the Constitution and has no legal value,” the apex court said while referring to the body’s decision wherein it had declined the Sunni Ittehad Council’s (SIC) plea for allocation of reserved seats and had instead decided to give them to other political parties on the principle of proportional representation.
ECP’s failure
Today’s detailed judgment also accentuated the electoral body’s failure to fulfil its role as a fundamental “guarantor institution” of democratic processes.
“The Commission must therefore fully recognise its constitutional position and the critical role it plays in a democracy while performing its duty to conduct free and fair elections. As a central pillar of democratic electoral processes, the Commission, in its role as a guarantor institution and impartial steward, is tasked with ensuring the transparency and fairness of elections to maintain public trust in the electoral system,” reads the order.
Furthermore, Justice Shah’s verdict points out that the top court was “surprised” how the ECP behaved as a “primary contesting party against SIC and PTI”.
“The function performed by the Commission in the present case was, therefore, quasi-judicial,” it said.
“In the present case, the Commission was a proper party to assist the court ineffectually and completely adjudicating upon and settling all the questions involved in the case. It should have acted in this manner, not as a primary contesting party,” the court further remarked.
This is a developing story and is being updated with more details.
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