The Supreme Court has once again asserted that recent amendments to the Election Act do not overturn its July 12 ruling concerning reserved seats.
The court had initially decided on July 12 that the Pakistan Tehreek-e-Insaf (PTI) qualified for reserved seats, countering the Election Commission’s March 1 decision. This decision was detailed further in a judgment last month.
The justices emphasized that legislative changes to the Election Act cannot supersede judicial rulings, including the July 12 decision.
Following the announcement, the Election Commission of Pakistan (ECP) legal team issued an advisory recommending the suspension of lawmakers in light of the Supreme Court’s crucial verdict on reserved seats.
In a meeting chaired by Chief Election Commissioner Sikandar Sultan Raja, the legal team advised that despite recent amendments, the Supreme Court’s decision on reserved seats continues to hold legal force, necessitating the reinstatement of the previously suspended lawmakers.
Previously, the ECP sought the Supreme Court’s guidance on allocating reserved seats to the PTI and filed a review petition challenging the clarity provided by the majority of Supreme Court judges on September 14.
Read: Supreme Court Dismisses Petitions Against 26th Constitutional Amendment
In its plea, the ECP clarified that the delays in judicial decisions were not its responsibility. It pointed out that while it had contested the July 12 ruling on July 25, the subsequent clarification did not emerge until September 14.
In a significant decision, a 13-member bench led by Chief Justice Qazi Faez Isa ruled in favour of the PTI for the allocation of reserved seats. This ruling was a considerable setback for Prime Minister Shehbaz Sharif’s coalition.
Justice Mansoor Ali Shah delivered the 8-5 majority verdict, overturning the Peshawar High Court’s order that had supported the ECP’s initial decision.
The dispute over reserved seats gained prominence after over 80 PTI-backed independent candidates won in the February 8 elections, leading the SIC to request reserved seats on February 21. However, the PTI encountered a challenge when the ECP, citing the party’s failure to submit its candidate list, allocated the reserved seats to other parties on March 4.
The PTI-backed SIC took legal action after the ECP denied them the reserved seats. The case escalated to the Supreme Court following the Peshawar High Court’s supportive ruling for the ECP.
