The Supreme Court declared that the Election Commission of Pakistan’s (ECP) decision of March 1 was contrary to the constitution and the reserved seats should be given to the Pakistan Tehreek-e-Insaf (PTI).
The apex court issued its detailed judgement on the reserved seats. The verdict comprises 70 pages and is written by Justice Mansoor Ali Shah.
The Supreme Court annuled the Peshawar High Court’s and ECP’s March 1 decision. According to the written decision, the ECP’s decision has no legal status. “It’s decision is against the constitution”, the SC ruled.
On Sept 14, an eight-member bench of the apex court disposed of the ECP’s petition, stating that its request for clarification was merely a “delaying tactic”.
In the detailed judgement, the apex court ruled that the PTI was a political party which contested the Feb 8 elections and won seats in the National and provincial assemblies. The reserved seats should be given to the PTI, the court ruled.
“The PTI is entitled to reserved seats in the National Assembly,” the apex court ruled and ordered the ECP to notify PTI winning candidates.
The court ruled that the ECP declared 39 of 80 MNAs to be that of PTI. It asked the ECP to take the signed statement of the remaining 41 MNAs within 15 days.
The decision states that the ECP is the fourth pillar of the state and ensuring the democratic process in the country is its prime duty. The ECP had failed to perform its constitutional duties.
“The constitution and law does not bar any political party from fielding candidates in elections. Denying a party election symbol does not restrict it from contesting election,” the judgement ruled.
According to the decision, the masses are the biggest stakeholder in an election. An election dispute is fundamentally different from civil disputes.
The court expressed its surprise that how so many independent candidates could be successful in a parliamentary democracy based on a political party system?
No satisfactory answer had been given to this question.
According to the judgement, the PTI claimed that all independent candidates were its candidates and voters voted for them because they were the PTI candidates.
