LHC seeks copy of plea in reserved seats case

Petition challenges constitutionality of Elections (Second Amendment) Act

LAHORE:

Justice Shakil Ahmad of the Lahore High Court (LHC) has directed the federal government's lawyer to provide an attested copy of a petition about reserved seats filed with the Supreme Court of Pakistan by August 19.

The petition challenged the constitutionality of the Elections (Second Amendment) Act, 2024.

Petitioner Munir Ahmad, represented by advocate Azhar Siddique, seeks to have the Act declared unconstitutional and to prevent the Election Commission of Pakistan (ECP) from reallocating reserved seats for women and non-Muslims in the National Assembly and the Punjab Provincial Assembly.

Previously, Justice Sultan Tanvir recused himself from the case, forwarding it to the acting Chief Justice for reassignment to another bench.

During the proceedings, the federal government's lawyer informed the court that a similar petition had been filed with the Supreme Court.

Justice Shakil Ahmad has now requested an attested copy of this petition by the next court date.

In the petition, the counsel argued that Sections 66 and 104 of the Act are procedural laws that, based on judicial and constitutional interpretation, cannot be applied retroactively.

The lawyer contended that these amendments are therefore unconstitutional.

The petition also criticises the ECP and previous governments, including the caretaker administration, for actions perceived as undermining free and fair elections.

It cited instances such as the Cypher and Iddat cases, in which Imran Khan was acquitted, and asserts that recent amendments are tainted by malafide intent.

The counsel also argued that such amendments cannot contravene Supreme Court judgments or constitutional provisions and are thus invalid.