Top court resurrects PTI

Overturns PHC verdict in reserved seats; declares ECP order unconstitutional; allows independent lawmakers to join PTI

ISLAMABAD:

In what appears to be a major breakthrough for the Pakistan Tehreek-e-Insaaf after a series of setbacks on political and judicial fronts, the Supreme Court of Pakistan on Friday not only set aside the Peshawar High Court decision on reserved seats but also declared 39 returned candidates as PTI’s members of National Assembly (MNAs).

Interestingly, the SC verdict gave a new lease of life to the PTI as the party will now have a direct representation in the National Assembly. The decision will facilitate the PTI-backed MNAs to take part in the assembly’s proceedings under the umbrella of PTI rather than the Sunni Ittehad Council (SIC).

The larger bench of the Supreme Court led by Chief Justice Qazi Faez Isa announced its short order on Friday. The decision was reached with an 8-5 split, with five judges issuing dissenting notes.

However, the majority decision of eight judges, including Syed Mansoor Ali Shah, Munib Akhtar, Muhammad Ali Mazhar, Ayesha A. Malik, Athar Minallah, Syed Hasan Azhar Rizvi, Shahid Waheed and Irfan Saadat Khan was delivered by Justice Mansoor Ali Shah on the recommendation of the CJP.

The SC majority verdict overturned the Peshawar High Court judgment dated March 25 and also declared the Election Commission of Pakistan (ECP) order dated March 1 unconstitutional, lacking lawful authority and having no legal effect.

The apex court declared that the denial of an election symbol does not affect the constitutional and legal rights of a political party in any manner to participate in an election and to field candidates whereas the ECP is under a constitutional duty to act, construe and apply all statutory provisions accordingly.

The SC decision cited paragraphs (d) and (e) of clause (6) of Article 51 (“Article 51 Provisions”) and paragraph (c) of clause (3) of Article 106 (“Article 106 Provisions”) of the Constitution, adding, the Pakistan Tehreek-e-Insaf (PTI) was and is a political party, which secured or won general seats in the National and provincial assemblies in the general elections 2024.

The court declared that 39 out of 80 returned candidates, whose details were submitted by the ECP, “were and are the returned candidates whose seats were and have been secured by the PTI within the meaning, and for purposes of,” para 5 in relation to the Article 51 provisions.

In the peculiar facts and circumstances of the general election 2024, it is further ordered that any of the remaining 41 returned candidates may within 15 working days of the order file a statement duly signed and notarized stating that he or she contested the general election as a candidate of the political party specified therein, stated the SC order.

The SC order further stated that if any such statement(s) is/are filed, the commission shall thereafter give notice to the political party concerned to file civil appeal No. 333 of 2024 etc. 6 within 15 working days, a confirmation that the candidate contested the general election as its candidate.

If such a statement is filed, and is confirmed by the political party concerned, then the seat secured by such candidate shall be forthwith deemed to be a seat secured by that political party for the purposes of para 5 in relation to the Article 51 provisions, read the SC order.

The commission shall also forthwith issue and post on its website a list of the retuned candidates and seats within 7 days, after the last date on which a political party may file its confirmation and shall simultaneously file a compliance report in the court, ordered the Supreme Court.

The SC order mentioned that the number of general seats secured by PTI shall be the total of the 39 direct seats won by the PTI on Feb 8 elections and those who decide to join the party out of the remaining 41. The PTI shall be entitled to reserved seats for women and minorities in the National Assembly accordingly.

The SC ordered the PTI to file its lists of candidates for the reserved seats and the provisions of the Elections Act, 2017 (“Act”) (including in particular s. 104) within 15 working days of the order, adding the Elections Rules, 2017 (“Rules”) shall be applied to such lists in such manner as gives effect to the order in full measure.