PHC dashes PTI hopes of getting reserved seats

PESHAWAR:

The Peshawar High Court on Thursday dismissed the Sunni Ittehad Council’s (SIC) petition challenging the Election Commission of Pakistan’s (ECP) ruling that denied reserved seats to the party.

A five-member bench led by PHC Chief Justice Mohammad Ibrahim Khan and comprising Justice Ijaz Anwar, Justice Ishtiaq Ibrahim, Justice Shakeel Ahmad and Justice Arshad Ali dismissed the SIC petitions.

Earlier, during his arguments, SIC’s lawyer Barrister Ali Zafar said the Constitution does not mention when a party has to submit a list of names for reserved seats to the ECP.

He argued that it is not written anywhere that a person cannot resubmit the list or when it has to be submitted, adding that there is no restriction on providing a second list and that the ECP could have issued a second schedule, as it did for the general elections.

Justice Ijaz Anwar remarked that as per the law, those who participate in elections will get seats.
The court then questioned Barrister Zafar if it was not clearly stated anywhere that the second schedule could not be issued. "The law does not prevent the Election Commission from issuing another schedule," the lawyer responded.

Justice Arshad Ali remarked that Section 104 explains the mechanism for reserved seats as it states that when a list is submitted then another list can be given.

"Section 104 says that if a political party participates in an election, it will give a list," the lawyer argued.
He earlier argued that whoever wins the number of seats, gets reserved seats in the same proportion and their seats cannot be increased.

On March 4, ECP accepted applications of the opposing parties and decided that the seats in the National Assembly and provincial assemblies would not remain vacant and would be allocated by a proportional representation process of political parties based on seats won by political parties.

Read Fate of reserved seats faces legal maze

In a 4-1 majority verdict, the ECP, on March 4, dashed the PTI-backed SIC's hopes for a seat quota, citing "non-curable legal defects" and a violation of mandatory provisions in submitting party lists for reserved seats.

The plea was heard by a five-member bench consisting of Justice Ishtiaq Ibrahim, Justice Ijaz Anwar, Justice SM Atiq Shah, Justice Shakeel Ahmed, and Justice Syed Arshad Ali.

On January 13, the Supreme Court issued an order that came with profound consequences, as the apex court declared PTI's intra-party elections illegal, leaving the party deprived of its election symbol. This compelled the PTI candidates to contest the February 8 general elections as independents, and losing the opportunity to claim reserved seats.

Barrister Gohar Ali Khan, Chairman of Pakistan Tehreek-e-Insaf (PTI), on Thursday announced that his party will challenge the Peshawar High Court's (PHC) decision regarding reserved seats in the Supreme Court.

Meanwhile, speaking to the media outside Adiala Jail, Gohar stated that they would challenge the PHC's decision in the Supreme Court, urging for a larger bench to hear the case promptly.

He stated that consultations had taken place with the founding PTI chairman Imran Khan regarding the Senate elections, and the announcement of candidates' names would be made either today or tomorrow.

He alleged ongoing attempts to manipulate their candidates' positions in the recounting process, calling upon the judiciary to intervene and prevent such actions.

He added that PTI would hold a large gathering on March 23 and reiterated their stance against accepting a victory of his opponents based on Form-47s, which, according to him, was fabricated.