ECP deals another blow to PTI

Refuses to allocate reserved seats to the SIC; orders allocation of remaining seats to other parties

ISLAMABAD:

The Election Commission of Pakistan’s (ECP) last year’s decision to strip the PTI of its election symbol came back to haunt the former ruling party once again on Monday. The polls oversight authority refused to allocate reserved seats to the Sunni Ittehad Council (SIC) — which comprises PTI backed lawmakers — just because it had not submitted a “priority list” for the same prior to polls.

The ECP had deprived the PTI of its election symbol—the cricket bat—on December 22, 2023 in view of irregularities in its intra-party polls. This decision was upheld by the Supreme Court on January 13, weeks before the February 8 general elections.

Due to absence of an election symbol, the party had become ineligible to submit its priority list for reserved seats to the ECP while its candidates had to contest the last month’s elections as independents.

As independent candidates have to join a political party three days after the announcement of official election results, the PTI-backed candidates joined little-known SIC.

The SIC later approached the ECP for allocation of reserved seats in proportion to its general seats in the National Assembly and provincial legislatures. A five-member ECP bench led by Chief Election Commissioner Sikandar Sultan Raja last week reserved its order on the petition after hearing arguments.

The ECP on Monday unveiled its unanimous order stating that the SIC is not entitled to claim quota for reserved seats for women and non-Muslims “due to having the non-curable legal defects and violation of mandatory provision of submission of priority list for reserved seats which is the requirement of law”.

The polls body referred to “clear provisions” of Article 51(6) of the Constitution, read with Section 104 of the Election Act 2017 and Rule 92 and 94 of the Election Rules, 2017 in this regard.

Also read: SIC’s reserved seats plea left hanging by ECP

 

The ECP noted the reserved seats in the National Assembly shall not remain vacant and will be allocated by proportional representation process to other political parties. “The office is directed to calculate the quota accordingly,” said the 22-page detailed order.

The order further stated that the SIC did not submit the priority lists and did not contest elections from any National Assembly or provincial assembly seat.

It said the SIC’s candidate contested elections as independents despite the fact that the party was allocated an election symbol—the horse. It said the SIC verified this fact through a letter dated Feb 26.

The detailed order said the SIC's failure to submit a priority list indicates that it was not interested in contesting elections. This also suggests that the SIC did not seek reserved seats.

The ECP noted that the superior courts have established the principle that political parties will submit priority lists on time. Mere inclusion of independent candidates in a party does not entitle it to reserved seats for women and minorities.

The ECP member for Punjab, Babar Hassan Bharwana, however, dissented from the majority order to the extent of allocation of the remaining reserved seats to other political parties in the legislature.

“In my opinion, Article 51 (6-d) and Article 106 (3-c) of the Constitution clearly state that reserved seats will be allocated to the political parties on the basis of the total number of general seats secured by each political party from the province concerned of the National Assembly or such reserved seats secured by each political party in the provincial assembly.

“Hence, these seats shall remain vacant till the time any such amendment to Article 51 or 106 of the Constitution is made by parliament,” he added.