ISLAMABAD: A judge of Pakistan's Supreme Court on Tuesday highlighted "legal mistakes" by election officials that led to the barring of candidates from jailed former Prime Minister Imran Khan's party Pakistan Tehreek-e-Insaf from the February 8 election. Was forced to contest the elections as an independent. ,
Justice Munib Akhtar made these comments when a 13-member full bench headed by Chief Justice Qazi Faiz Isa heard the petition of Sunni Ittehad Council (SIC) against the rejection of its claim on reserved seats for women and minorities in the national and provincial assemblies. Had a hearing. After the general elections.
There are 70 reserved seats in the National Assembly and 156 reserved seats in the four provincial assemblies and no seats were given to SIC as it did not contest the elections. The party gained strength when supported independently elected candidates joined it after the elections.
Reserved seats are allotted to winning parties on the basis of proportional representation in the respective assemblies, but SIC's petition was rejected by the Election Commission of Pakistan (ECP) and the Peshawar High Court, and the party later challenged it in the Supreme Court. Was.During the hearing, which was live streamed, SIC lawyer Faisal Siddiqui argued in favor of the main plea to give reserved seats to the party and the judges passed separate observations, which have no legal value but are relevant to the panel's views. Helps to understand the process. ,
Responding to the SIC counsel's submission that there would have been no issue if the apex court had made its decision clear on the bat mark, the Chief Justice said the issue of reserved seats would not have existed if they had held their own inter-party elections. Would have done.
"Don't give credit for everything to the Supreme Court," he said, adding that by not holding inter-party elections as per its laws, it had deprived its supporters of democratic rights which would have benefited their members.
Justice Akhtar in his remarks highlighted that the ECP committed "legal mistakes" while deciding on the issue of intra-party elections and deprived the party of its cricket bat symbol, due to which it was on 8 February. Could not contest elections as a party. ,
He said the issue with respect to reserved seats is whether these candidates "should be deprived of those reserved seats just because they have now taken shelter under [the Sunni Ittehad Council umbrella].,
He said that independent candidates have indicated affiliation with the CPI(M) and their nomination papers have been accepted and they have won the election and such candidates will be treated as affiliated with the CPI(M).
“Only those who file an affidavit that they are not affiliated with any political party will be considered as independent candidates,” he said. He asked, "How can the ECP's law declare their candidates independent?"
Later the court adjourned the hearing till June 24.
Earlier, on May 6, in a big relief, the Supreme Court had suspended the decision of the Peshawar High Court to dismiss the SIC petition. Following the decision, the ECP on 14 May suspended the notification of victory of 77 candidates who were declared successful on reserved seats.
The final verdict of the apex court in the case will decide the fate of those 77 reserved seats.Although it may not change the existing power structure, changes in the overall numbers game in the legislatures may impact law making in the country.
Justice Munib Akhtar made these comments when a 13-member full bench headed by Chief Justice Qazi Faiz Isa heard the petition of Sunni Ittehad Council (SIC) against the rejection of its claim on reserved seats for women and minorities in the national and provincial assemblies. Had a hearing. After the general elections.
There are 70 reserved seats in the National Assembly and 156 reserved seats in the four provincial assemblies and no seats were given to SIC as it did not contest the elections. The party gained strength when supported independently elected candidates joined it after the elections.
Reserved seats are allotted to winning parties on the basis of proportional representation in the respective assemblies, but SIC's petition was rejected by the Election Commission of Pakistan (ECP) and the Peshawar High Court, and the party later challenged it in the Supreme Court. Was.During the hearing, which was live streamed, SIC lawyer Faisal Siddiqui argued in favor of the main plea to give reserved seats to the party and the judges passed separate observations, which have no legal value but are relevant to the panel's views. Helps to understand the process. ,
Responding to the SIC counsel's submission that there would have been no issue if the apex court had made its decision clear on the bat mark, the Chief Justice said the issue of reserved seats would not have existed if they had held their own inter-party elections. Would have done.
"Don't give credit for everything to the Supreme Court," he said, adding that by not holding inter-party elections as per its laws, it had deprived its supporters of democratic rights which would have benefited their members.
Justice Akhtar in his remarks highlighted that the ECP committed "legal mistakes" while deciding on the issue of intra-party elections and deprived the party of its cricket bat symbol, due to which it was on 8 February. Could not contest elections as a party. ,
He said the issue with respect to reserved seats is whether these candidates "should be deprived of those reserved seats just because they have now taken shelter under [the Sunni Ittehad Council umbrella].,
He said that independent candidates have indicated affiliation with the CPI(M) and their nomination papers have been accepted and they have won the election and such candidates will be treated as affiliated with the CPI(M).
“Only those who file an affidavit that they are not affiliated with any political party will be considered as independent candidates,” he said. He asked, "How can the ECP's law declare their candidates independent?"
Later the court adjourned the hearing till June 24.
Earlier, on May 6, in a big relief, the Supreme Court had suspended the decision of the Peshawar High Court to dismiss the SIC petition. Following the decision, the ECP on 14 May suspended the notification of victory of 77 candidates who were declared successful on reserved seats.
The final verdict of the apex court in the case will decide the fate of those 77 reserved seats.Although it may not change the existing power structure, changes in the overall numbers game in the legislatures may impact law making in the country.
