ECP 'foul play'

The Supreme Court has found the ECP on the wrong side of constitutional spirit. While releasing a detailed order in the 8-5 majority judgement in the reserved seats case, the top court bench opined that ECP's numerous "unlawful acts and omissions" had "caused confusion and prejudice to PTI, its candidates and the electorate who voted for PTI". It went on to state that the judiciary's role in ensuring electoral integrity and upholding the will of the people is essential for sustaining public trust in the democratic process, and the ECP's reservations on the party identity of the candidates was devoid of logic and in contravention of stipulated regulations. This piece of narration has lawfully blessed the PTI with its due quota of reserved seats in the National Assembly, and once again endorsed it as a political party by law and essence.

A deep analysis of the judgment confirms that the honourable judges have collectively stood with their judicial review, and are unrelenting to the interpretation offered by a constitutional body as well as the executive. Thus, the beleaguered government is just a step away from contempt, if it tried to dig its heels in by refusing to implement the judgment. Moreover, the verdict lambasts the election authorities for maneuvering ground realities with the help of ROs, and declares that the ECP failed to perform its role as 'guarantor institution' of democratic processes. The majority narrative also took note of dissenting notes from two brother judges, and termed them an epilogue that "falls short of courtesy, restraint required of superior court judges".

Notwithstanding the stance ordained by the Speaker National Assembly, who instructed the ECP to prefer an amended Elections Act 2024 over the July 12 judgment and deny the PTI its due seats, the appellate court states that the (ECP's) power to reject the certificate of intra-party elections submitted by a political party under Section-209 was in violation of "fundamental right of citizens to vote for the political party of their choice…". It leaves no option for the government or the ECP but to submit and implement the decision in toto.