A 13-member full court read the judgment - a split verdict with eight in favor and five against - declaring that the decision of the Election Commission of Pakistan (ECP) and the Peshawar High Court (PHC) to allocate reserved seats to the ruling coalition was unconstitutional.
"The Pakistan Tehreek-e-Insaf ( ) was a political party and remains a political party," the Supreme Court, headed by Chief Justice Qazi Faez Isa, said in its order. He noted that the candidates cannot be declared independent candidates or representatives of any party.
The court order stated that at least 39 candidates, based on their presentation before the ECP, could be considered candidates. He also directed the remaining 41 candidates to apply within 15 days. The directive is also accompanied by instructions to submit its list of reserved candidates within days to the Pakistan Election Commission (PEC). The case of allocation of reserved seats had taken a fundamental turn after the Supreme Court's decision in January early this year. The 'bat' party symbol was removed and the party was found guilty for not holding its intra-party elections as the SC ruled in favor of the ECP.
The January 13 decision forced the candidates to participate in the February general elections as independent candidates with different symbols assigned to each of them by the ECP.
Independent candidates backed by the party performed beyond expectations in the polls, winning at least 80 seats in the lower house (National Assembly). The independent candidates later joined another Sunni political party, the Ittehad Council (SIC), which had not participated in the elections. The SIC eventually gained prominence after endorsed candidates joined. However, when the issue of proportional allocation of reserved seats came to light, the ECP decided not to cede any seats to the SIC and allowed other elected political parties in Parliament will distribute the reserved seats among them according to the proportionality formula.
According to Article 51 of the Constitution of Pakistan, "there shall be 342 seats for members of the National Assembly, including seats reserved for women and non-Muslims."
The issue of reserved seats concerns at least 60 seats for women and at least 10 seats for non-Muslims. The Sunni Ittehad Council (SIC) maintained that it should also be included in the list of political parties to which reserved seats are allocated in parliament. He challenged the ECP's decision, but the Peshawar High Court (PHC) allowed the SIC's share to be distributed among other political parties.
However, the Supreme Court observed in its judgment that the ECP misinterpreted its decision on the intra-party elections to the .
The decision of the ECP to deny SIC any participation in the seats reserved for non-Muslims and minorities, together with the judgment of the PHC which ruled in favor of the ECP, was also annulled and stayed by the Supreme Court. The decision of the high court on Friday has virtually revived it as a major political party in Parliament and also made it eligible to claim a proportionate share in the reserved seats.
The decision is considered a great success in light of the challenges it faced before the February elections.
The leadership celebrated the decision with party workers chanting "release Imran Khan" slogans in front of the Supreme Court building. "I congratulate all of Pakistan for today's victory. This decision of the Supreme Court has guaranteed the rights of the people and their I support Imran Khan and," said President Goher Khan.
On the other hand, the Sunni political party Ittehad Council (SIC), which was joined by endorsed independent candidates after the elections, was declared ineligible to receive reserved seats.
"The SIC did not even participate in the elections and did not win a single seat in the provincial or national Assembly. The party's constitution does not accept non-Muslims and prohibits them from joining the party. The SIC also never presented its list of candidates for reservation of seats before the ECP, said political analyst Javed Siddique. The government took serious note of the Supreme Court ruling, stating that the decision is not in line with the constitution and that it has been done to facilitate a particular party ( ).
"did not take this case to the Supreme Court, the Sunni Ittehad Council (SIC) did. It did not even claim the reserved seats, the SIC did. It was not even a contesting party in the case. However, today's decision mentioned and returned parliament," said Rana Sanaullah, Special Assistant to the Prime Minister on Political Affairs.
Law Minister Azam Nazeer Tarar said the Supreme Court verdict does not pose any challenge to the ruling government. "The PML-N-led coalition government has a clear majority despite the Supreme Court of Pakistan verdict." and the reserved seats of its ally SIC," he said.
On the other hand, the victory is enormous because it has returned the party to parliament under its own name and without dependence on any other political party like the SIC. The decision is also significant because it grants the proportional share that corresponds to the 70 reserved seats.
“This victory is also huge for... Now Shehbaz Sharif's government, which is so dependent on its coalition partners, will have difficulties ahead in every step it takes, from passing bills or passing legislations. Tough times are ahead for Shehbaz Sharif,” Siddique said.
"The Pakistan Tehreek-e-Insaf ( ) was a political party and remains a political party," the Supreme Court, headed by Chief Justice Qazi Faez Isa, said in its order. He noted that the candidates cannot be declared independent candidates or representatives of any party.
The court order stated that at least 39 candidates, based on their presentation before the ECP, could be considered candidates. He also directed the remaining 41 candidates to apply within 15 days. The directive is also accompanied by instructions to submit its list of reserved candidates within days to the Pakistan Election Commission (PEC). The case of allocation of reserved seats had taken a fundamental turn after the Supreme Court's decision in January early this year. The 'bat' party symbol was removed and the party was found guilty for not holding its intra-party elections as the SC ruled in favor of the ECP.
The January 13 decision forced the candidates to participate in the February general elections as independent candidates with different symbols assigned to each of them by the ECP.
Independent candidates backed by the party performed beyond expectations in the polls, winning at least 80 seats in the lower house (National Assembly). The independent candidates later joined another Sunni political party, the Ittehad Council (SIC), which had not participated in the elections. The SIC eventually gained prominence after endorsed candidates joined. However, when the issue of proportional allocation of reserved seats came to light, the ECP decided not to cede any seats to the SIC and allowed other elected political parties in Parliament will distribute the reserved seats among them according to the proportionality formula.
According to Article 51 of the Constitution of Pakistan, "there shall be 342 seats for members of the National Assembly, including seats reserved for women and non-Muslims."
The issue of reserved seats concerns at least 60 seats for women and at least 10 seats for non-Muslims. The Sunni Ittehad Council (SIC) maintained that it should also be included in the list of political parties to which reserved seats are allocated in parliament. He challenged the ECP's decision, but the Peshawar High Court (PHC) allowed the SIC's share to be distributed among other political parties.
However, the Supreme Court observed in its judgment that the ECP misinterpreted its decision on the intra-party elections to the .
The decision of the ECP to deny SIC any participation in the seats reserved for non-Muslims and minorities, together with the judgment of the PHC which ruled in favor of the ECP, was also annulled and stayed by the Supreme Court. The decision of the high court on Friday has virtually revived it as a major political party in Parliament and also made it eligible to claim a proportionate share in the reserved seats.
The decision is considered a great success in light of the challenges it faced before the February elections.
The leadership celebrated the decision with party workers chanting "release Imran Khan" slogans in front of the Supreme Court building. "I congratulate all of Pakistan for today's victory. This decision of the Supreme Court has guaranteed the rights of the people and their I support Imran Khan and," said President Goher Khan.
On the other hand, the Sunni political party Ittehad Council (SIC), which was joined by endorsed independent candidates after the elections, was declared ineligible to receive reserved seats.
"The SIC did not even participate in the elections and did not win a single seat in the provincial or national Assembly. The party's constitution does not accept non-Muslims and prohibits them from joining the party. The SIC also never presented its list of candidates for reservation of seats before the ECP, said political analyst Javed Siddique. The government took serious note of the Supreme Court ruling, stating that the decision is not in line with the constitution and that it has been done to facilitate a particular party ( ).
"did not take this case to the Supreme Court, the Sunni Ittehad Council (SIC) did. It did not even claim the reserved seats, the SIC did. It was not even a contesting party in the case. However, today's decision mentioned and returned parliament," said Rana Sanaullah, Special Assistant to the Prime Minister on Political Affairs.
Law Minister Azam Nazeer Tarar said the Supreme Court verdict does not pose any challenge to the ruling government. "The PML-N-led coalition government has a clear majority despite the Supreme Court of Pakistan verdict." and the reserved seats of its ally SIC," he said.
On the other hand, the victory is enormous because it has returned the party to parliament under its own name and without dependence on any other political party like the SIC. The decision is also significant because it grants the proportional share that corresponds to the 70 reserved seats.
“This victory is also huge for... Now Shehbaz Sharif's government, which is so dependent on its coalition partners, will have difficulties ahead in every step it takes, from passing bills or passing legislations. Tough times are ahead for Shehbaz Sharif,” Siddique said.
