SC issues Reserved Seats Case detailed Judgement

The Supreme Court of Pakistan has issued a detailed judgment of the majority judges in the case of reserved seats. The detailed judgment was written by Supreme Court judge Justice Mansoor Ali Shah.

The detailed judgement says that the decision of Peshawar High Court is null and void, the decision of Election Commission on March 1st is against the constitution, the decision of Election Commission on March 1st has no legal status.

Pakistan Tehreek-e-Insaf (PTI) is a political party

The detailed judgement says that not giving an election symbol does not affect the legal and constitutional right of a political party to contest elections. The constitution or law does not prevent a political party from fielding candidates in elections. So, Pakistan Tehreek-e-Insaaf (PTI) is a political party.

The Supreme Court has said that Tehreek-e-Insaf (PTI)  has won or obtained the seats of national and provincial assemblies in the general elections of 2024.

The Election Commission of Pakistan declared 39 out of 80 MNAs of PTI. We asked the Election Commission to take the signed statement of the remaining 41 MNAs within 15 days.

Tehreek-e-Insaf (PTI) is entitled to reserved seats in the National Assembly

The judgement said that transparent elections are necessary for the will of the people and democracy, Tehreek-e-Insaf is entitled to the reserved seats in the National Assembly. The Election Commission should notify the candidates of Tehreek-e-Insaf on reserved seats. The people’s vote is an important part of democratic governance. Yes, the power of democracy rests with the people.

In a detailed judgement, the court said that the constitution empowers the people to make their own democratic way. The dissenting note of August 3 of the fellow judges is not appropriate regarding the judges of the Supreme Court. Ex officio, as bench members they can legitimately disagree on facts and law, fellow judges can give different opinions.

The punishment for not holding intra-party elections is nothing more than withdrawal of election symbols

The judgment said that the 11-member bench was aware of this legal position. The bench inquired into the legal points and facts which were not given in the Peshawar High Court.

The 11-member bench did not even agree to grant relief in some cases. The Election Commission continued to fight the case as the main opposing party. The main task of the Election Commission is to conduct fair and transparent elections. Due to significant errors of the Election Commission in the election process, judicial intervention becomes necessary.

The Supreme Court says that not giving reserved seats in the absence of an election symbol is an additional punishment by the Election Commission.

If the Supreme Court had clarified the constitutional rights of the party in the case of the bat symbol, there would have been no confusion.

The Election Commission also issued its orders which did not clarify the constitutional rights of PTI. The court and the Election Commission should have taken into account that the election schedule has been released.

No one can be punished without a clear law, the penalty for not conducting intra-party elections is nothing more than withdrawal of election symbol. Withdrawal of election symbol does not mean that the constitutional rights of the political party are lost. To deprive a political party of its activities is to destroy its political presence.

Clarification order dated September 14 also part of judgment

The Supreme Court also made the clarification order of September 14 a part of the judgment and said that the clarification order was issued at the request of the Election Commission.

The clarification was to make its own decision, so it was not necessary to give notice to the parties.

The detailed judgment also stated that the case of PTI intra-party election was pending in the Supreme Court. PTI arranged to get tickets from PTI Nazaryati as an alternative.

The leader of PTI Nazaryati came on the channels and refused to issue the tickets. The Election Commission on the same day told the ROs not to accept the party tickets of PTI ideological candidates.

The tickets of some candidates were accepted but some could not, the Supreme Court order on PTI Intra party election was given around 11 pm.

After the decision of the intra-party election, the party tickets of the PTI candidates were rejected, and those candidates were declared Independent candidates.

In the elections of February 8, PTI won a large number of seats in national and provincial assemblies. In the light of the Supreme Court’s decision, the successful candidates were declared independent. But they are not independent, they are PTI members.