ISLAMABAD: Chief Justice of Pakistan Qazi Faez Isa addressed the decision of the Supreme Court regarding the allocation of specific reserved seats. While reading a dissenting note in the case, the Chief Justice clarified that the Election Commission of Pakistan (ECP) had misinterpreted the court’s decision in declaring candidates supported by the Pakistan Tehreek-e-Insaf (PTI) as independents, a step beyond the ECP’s purview. authority.
Chief Justice Isa emphasized that PTI as a parliamentary party is entitled to certain reserved seats. He noted that the decision of the Peshawar High Court regarding the distribution of reserved seats and the order of the Election Commission in light of this is upheld.
However, since the ECP did not include PTI in this allotment of reserved seats, the Supreme Court quashed this part of the Peshawar High Court decision and the corresponding order of the ECP.
During the hearing, the CJP noted that it was revealed that many candidates had submitted affidavits with their nomination papers confirming their candidature under the PTI and provided party certificates as proof. Despite this, the ECP misinterpreted the Supreme Court order and declared these candidates independent, an action outside its jurisdiction.
Importantly, during the hearing, neither the PTI nor any of its candidates approached the court against the ECP’s order, nor did they challenge the ECP’s move to declare them independent in the high court. However, since these matters relate to the ongoing election process under the ECP, the Supreme Court has jurisdiction to review the constitutionality of the ECP’s decision.
As a result, the Supreme Court declared that the PTI was entitled to its proportionate share of reserved seats as a parliamentary party. The Chief Justice directed the ECP to redistribute the reserved seats accordingly and ensure that PTI along with other parties get proper allotment.
