Reserved Seats Verdict Stays Despite Election Act Amendments: Supreme Court

Fri Oct 18 2024
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ISLAMABAD: The Supreme Court of Pakistan has clarified that amendments to the Election Act do not affect its ruling from July 12. This clarification followed a significant consultative meeting chaired by Chief Election Commissioner Sikandar Sultan Raja, where the Election Commission of Pakistan’s (ECP) legal team presented a final recommendation for implementing the Election Act, according to local media reports.

The ruling coalition had introduced changes to the Election Act in an effort to deny reserved seats to the Pakistan Tehreek-e-Insaf (PTI) after the Supreme Court’s 8-5 verdict on July 12.

In response to a request from the ECP, the eight-member bench confirmed that the July 12 decision remains valid and that the amendments to the Act do not have retroactive applicability. Consequently, the ECP is required to comply with the court’s ruling without needing further clarification.

During the consultative meeting, Chief Election Commissioner Sikandar Sultan Raja concluded discussions where the ECP’s legal team recommended the implementation of the Election Act.

In its July ruling, the Supreme Court overturned both the Peshawar High Court and ECP decisions, declaring PTI eligible for reserved seats in the case related to the Sunni Ittehad Council. Chief Justice Qazi Faez Isa emphasized PTI’s recognition as a legitimate political party.

The court also stated that losing an election symbol does not negate a party’s right to participate in elections. Of the 80 candidates submitted by the ECP, 39 are affiliated with PTI and will be recognized as successful candidates. The remaining 41 candidates have 15 days to submit affidavits affirming their connection to PTI.

PTI has been directed to submit its list for reserved seats within the same timeframe. Both the ECP and PTI may approach the court if further clarification is needed.

Moreover, the Supreme Court declared any elections for additional reserved seats null and void, instructing the ECP to issue notifications for reserved seats based on PTI’s list. This ruling will apply to the National Assembly and the provincial assemblies in Punjab, Khyber Pakhtunkhwa, and Sindh.

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