Reserved seats

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The much-awaited decision on reserved seats has cleared the air and now PTI is neither a parliamentary party nor is it eligible for the seats reserved for women and minorities in national and provincial assemblies. The judgment delivered on Friday by the Constitutional Bench under Justice Aminuddin Khan has set aside the July 12, 2024, eight-member majority decision of the Supreme Court, which had declared the PTI eligible for reserved seats.

In fact, the Constitutional bench has restored the Peshawar High Court's original order that had outright dismissed the PTI's plea for reserved seats after it had changed its nomenclature to Sunni Ittehad Council on the floor of the house. Since the Sunni Ittehad had not taken part in the February 2024 general elections, the PTI taking refuge under its banner was infructuous, and goes on to endorse the claim held by the Election Commission.

This was fait accompli for PTI, as its logic and argument on the reserved seats was found untenable, in the review petition, even by the honourable judges who had earlier voiced for it. The strength of the decision can be gauged from the fact that seven judges put their weight behind review pleas filed by ECP, PML-N and others, while three judges 'partially allowed' them'.

The proceedings, likewise, saw a fair lawsuit as dissenting notes too were entertained as those of Justices Ayesha A Malik and Aqeel Ahmed Abbasi, and the last to the recuse was Justice Salahuddin Panhwar. The 12-judge judgment now makes it obvious that those who had earlier joined the Sunni Ittehad could face the defection clause under Article 63A of the Constitution, if they chose to rejoin PTI after this judgment.

In principle, the PTI has had a fair hearing and now as per law, the reserved seats under Article 51 and Article 106 and the Elections Act will go to the coalition because the 77 seats cannot be kept vacant. With nine judges having corrected the error in the review petitions, it's time to walk straight and let the Constitution have its way.