PHC seeks ECP response on SIC's seats

Party claims non allocation of reserved seats is a violation of Constitution

PESHAWAR:

 The Peshawar High Court (PHC) has sought a reply from the Election Commission of Pakistan (ECP) within seven days while hearing a petition filed by the Sunni Ittehad Council (SIC) for the allocation of reserved seats to the party in the Khyber Pakhtunkhwa (K-P), Punjab, and national legislatures.

A division bench comprising Justice Ishtiaq Ibrahim and Justice Waqar Ahmad on Thursday took up a writ petition filed by the SIC, a little-known political party which is now in a position to form a government in the K-P thanks to the inclusion of PTI-backed candidates after the Feb 8 vote.

The PTI faced a setback when an ECP decision stripped it of its iconic election symbol just weeks before the polls, rendering the party unable to contest elections as a political entity.

PTI candidates had to contest the general elections as independents. However, these independents managed to outstrip all other parties in the National Assembly, Punjab Assembly, and the K-P Assembly.

As per the Constitution, independent candidates have to join a political party within three days of the general elections, and the PTI-backed candidates joined the SIC after an agreement.

The SIC later approached the ECP for the allocation of reserved seats to its members in various legislatures. The ECP, however, reserved its order on the SIC petition on Wednesday.

Meanwhile, the party moved a writ petition in the PHC through advocate Shah Faisal Utmankhel, nominating both the ECP and the Provincial Election Commissioner as respondents.

It contended that the non-allocation of reserved seats for female and minority lawmakers was illegal and in violation of fundamental rights.

It noted that if the party, which has a majority in the K-P province, is not allocated the reserved seats, such an omission would amount to a violation of the Constitution.

"[This] would amount to extreme injustice to the mandate given by the general public and would violate the fundamental rights of women and minorities.

The SIC requested the PHC to direct the ECP to allocate SIC its reserved seats in proportion to its general seats in the K-P Assembly, the Punjab Assembly, and the National Assembly.

During the hearing of the petition, the petitioner stated that according to Articles 51 and 106 of the Constitution, parliament will only be complete when seats for women and minorities are also filled, as without them, neither the Assembly nor the Senate sessions can be convened.

"This is a matter of public interest because if women are not given their reserved seats in the K-P Assembly, it will be tantamount to the absence of women's representation in the assembly, even though they have been successful in the election with a significant majority.

"Therefore, it is essential that the party is allocated the reserved seats so that their representation can be accompanied by addressing their issues on an urgent constitutional and legal basis."

After the initial hearing of the petition, the court asked the ECP to submit a response within 7 days.

The PTI had also filed a petition in the PHC for the allocation of reserved seats earlier, but that petition was withdrawn for some legal reasons