ISLAMABAD: Justice Ayesha Malik of the Supreme Court of Pakistan (SCP) ruled on Monday that the Election Commission of Pakistan (ECP) retains authority over the formula for allocating reserved seats, including the discretion to designate candidates as independents.
The decision was part of a full-court bench comprising 13 SCP justices, led by Chief Justice Qazi Faez Isa. The bench was hearing a petition by the Sunni Ittehad Council (SIC) challenging a Peshawar High Court ruling that upheld the ECP’s refusal to allocate reserved seats to them.
During the proceedings, Justice Malik emphasized that the ECP possesses the power to declare candidates independent at its discretion. The bench included justices such as Mansoor Ali Shah, Muneeb Akhtar, and others.
In response to arguments presented, ECP’s counsel Sikander Bashir informed the court about the issuance of party affiliation certificates by Pakistan Tehreek-e-Insaf (PTI) along with Form 66, signed by Barrister Gohar Khan. However, he contended that PTI’s nomination papers were invalid as the party had not conducted intra-party polls or elected a chairman at the time.
Chief Justice Isa noted the PTI’s failure to conduct internal elections despite prior notification.
Justice Malik also inquired about the ECP’s response to the Khyber Pakhtunkhwa advocate general’s assertion regarding the allocation of reserved seats to Balochistan Awami Party (BAP) without the submission of candidate lists. She highlighted the absence of action against BAP and queried the ECP’s handling of the matter.
Justice Mansoor stressed the court’s commitment to ensuring equitable rights for all political parties in seat allocation.
Subsequently, the court directed the ECP to submit details of reserved seats allocated in 2024, along with relevant documents and formulas, adjourning the hearing until 11:30 am on Tuesday.
The issue revolves around PTI-backed independent candidates losing 77 reserved seats in national and provincial assemblies due to the PHC’s decision. This came after the candidates, initially successful in February 8 elections, aligned with SIC to claim reserved seats for minorities and women.
The SIC’s plea to set aside the PHC verdict, seeking allocation of 67 women and 11 minority seats, brought the matter to the Supreme Court. ECP’s stance remains that reserved seats cannot be allocated to SIC due to their failure to submit candidate lists by the January 24 deadline.
Meanwhile, the federal government, through Attorney General Mansoor Usman Awan, urged the apex court to dismiss SIC’s appeal, arguing that reserved seats should be allocated to parties winning at least one seat in the polls, with candidate lists as per the law.
PTI has also moved to join the case, asserting eligibility for reserved seats denied to both PTI and SIC despite meeting criteria. The SIC was willing to submit candidate lists but was not allowed to do so.
Read more: Palestinian Death Toll In Gaza Rises To 37,877: Report
