ISLAMABAD: The Supreme Court of Pakistan has announced the detailed decision of reserved seats case, local media reported. The apex court has issued a detailed 70-page decision declaring the Election Commission of Pakistan’s (ECP) verdict on reserved seats unconstitutional.
Earlier, a summary decision on reserved seats case was announced on July 12, at the plea of the SIC. The decision deals with several constitutional questions, including the consequences of declaring a political party ineligible to attain an election symbol under Section 215(5) of the Elections Act 2017.
SUPREME COURT OF PAKISTANToday’s detailed decision, available on the Supreme Court’s website, was written by Justice Syed Mansoor Ali Shah.
The case had been heard by a 13-member bench — led by Chief Justice of Pakistan (CJP) Qazi Faez Isa and including justices Mansoor Ali Shah, Ayesha Malik, Shahid Waheed, Athar Minallah, Irfan Saadat, Hasan Azhar Rizvi, Muneeb Akhtar, and Muhammad Ali Mazhar.
The ruling also highlighted that the Election Commission of Pakistan (ECP) had failed in its responsibilities during the February 2024 polls. The apex court said that PTI, as a political party, had the right to be heard in this issue. The apex court has ruled against the Election Commission of Pakistan verdict to deny Pakistan Tehreek-e-Insaf (PTI) its election symbol, restoring the party’s right to contest polls with its symbol.
The court also highlighted that the electoral disputes involve the public’s stake and are different from civil matters. This detailed ruling effectively nullifies the ECP’s March 1 decision and the PHC’s endorsement of it. The court ruled that the ECP’s actions had no legal standing, affirming that the reserved seats should be given to PTI.
Earlier, the Peshawar High Court and the ECP decisions permitted the ruling coalition of PML-N and PPP to gain a two-thirds majority in the National Assembly, raising their seat count.
Both the federal government and the Election Commission of Pakistan opposed the SIC’s plea, arguing that reserved seats should only be allocated to political parties that contested the polls, won seats, as well as submitted a candidate list by the deadline. This SC decision, however, suspends that decision, affecting the coalition’s majority.
