PHC suspends ECP decision regarding distributing SIC’s reserved seats to other parties

After suspending the decision of Election Commission of Pakistan (ECP) regarding handing over of Sunni Ittehad Council’s reserved seats to other political parties, Peshawar High Court (PHC) has barred Speaker National Assembly Ayaz Sadiq from administering oaths of offices from newly-appointed MNAs, reported 24NewsHD TV channel.

Peshawar High Court’s Justice Ishtiaq Ibrahim and Justice Shakeel Ahmed announced short verdict on a petition filed against the Election Commission's decision on Sunni Ittehad Council’s reserved seats.

The PHC ordered the Election Commission of Pakistan to submit reply by tomorrow and questioned whether the PHC can be approached for this case or not.

The court also issued notices to the Attorney General of Pakistan and Advocate General for judicial assistance and sent the case to the Chief Justice Peshawar High Court for the formation of a larger bench.

In its judgement, the PHC issued a pre-admission to the ECP and all the respondents in the case. It also listed these questions that needed to be determined:

Whether the court has the jurisdiction to adjudicate on the matter or not?
Whether the petitioner has locus standi to file the petition?
Whether the petitioner is entitled to claim the quota for reserved seats for women and non-Muslims in view of the Constitution, Elections Act and Elections Rules?
Whether the defect of non-submission of lists for reserved seats is not curable under the law?
Whether the seats for women and non-Muslims in the National Assembly can be kept vacant or are liable to be allocated by proportional representation process on the basis of seats won by political parties?
Whether the ECP has misconceived and misinterpreted the provision of the Constitution, Elections Act and Elections Rules?

The court further referred the matter to the PHC chief justice for the constitution of a larger bench to “adjudicate upon the intricate constitutional questions involved in the matter”.

The bench issued notices to the Attorney General for Pakistan and the Khyber Pakhtunkhwa Advocate General to assist the court.

“Notice to respondent 1 [ECP] for March 7. Till then respondents number five to 22 shall not be administered oath by the Speaker National Assembly,” the court added.

At the outset of the hearing, PTI lawyer Qazi Anwar contended that members of the party were forced to contest elections as independent candidates after being deprived of the electoral symbol ‘bat’.

“After emerging victorious, these PTI-backed independents joined the SIC,” he said. Anwar contended that independent candidates should have been free to join a political party within three days after the election results were announced as per the ECP’s rules.

“The PTI emerged victorious on 98 general seats in the National Assembly,” the lawyer stated, adding that the SIC was supposed to be allotted 22 reserved seats.

The lawyer further elaborated that 21 women reserved seats and four minority seats were distributed among other political parties in Khyber Pakhtunkhwa.

Here, Justice Ibrahim asked if the case was linked to the reserved seats in the provincial assembly or the National Assembly.

“The ECP issued a single verdict,” the PTI counsel replied, arguing that the SIC-PTI reserved seats could not be “legally or constitutionally” allocated to other parties.

“These seats are reserved for women and minorities, what will happen if you are not allotted the seats? Will they remain vacant?” Justice Ibrahim inquired.

Meanwhile, Justice Ahmad highlighted that the Election Act, 2017 made it mandatory for a political party to submit its list for reserved seats before the polls.

At one point, the PTI lawyer demanded that lawmakers who had been allotted reserved seats be stopped from taking oath.

Subsequently, the bench reserved its verdict in the case.

Reporter: Amir Shehzad