The Pakistan Tehreek-e-Insaf (PTI) celebrates a pivotal criminal win because the Supreme Court affirms its proper to reserve parliamentary seats.
Impactful Decision
The ruling reinstates PTI in Parliament following its exclusion after the February 8 elections and reshapes the National Assembly’s composition.
Judicial Verdict
Justice Mansoor Ali Shah leads an 8-5 majority, overturning the Peshawar High Court’s (PHC) decision backing the Election Commission of Pakistan (ECP) on denying PTI’s reserved seats.
Judicial Support
Justices Athar Minallah, Shahid Waheed, Muneeb Akhtar, Muhammad Ali Mazhar, Ayesha Malik, Syed Hassan Azhar Rizvi, and Irfan Saadat Khan endorse the SC’s ruling.
Constitutional Assertion
SC emphasizes PTI’s constitutional right to participate in elections, irrespective of the absence of a single election symbol.
Legal Clarifications
The court corrects misconceptions about PTI’s electoral eligibility, reinforcing its status as a legitimate political entity after the 2024 general elections.
Nullification of Previous Orders
The apex court deemed PHC’s March 25 ruling and ECP’s March 1 order unconstitutional and devoid of legal standing.
Timeline of Reserved Seats Dispute
Origins of Conflict
After the February 8 polls, PTI-supported independents aligned with the Sunni Ittehad Council (SIC) for minority and women’s reserved seats.
ECP’s Initial Stand
ECP rejected SIC’s claim, citing PTI’s failure to submit candidate lists. On March 4, a 4-1 vote upheld the decision.
Legal Justification
Citing Article 51(6), ECP clarifies that reserved seats are allocated based on proportional representation and adherence to constitutional mandates.
PHC’s Upholding
PHC supports ECP’s decision on March 14, prompting SIC’s subsequent appeal to SC for allocating 67 women and 11 minority seats.
Political Ramifications
PHC’s verdict tilts parliamentary balance towards the ruling coalition (PML-N, PPP), securing a significant majority in the National Assembly.
SC’s Intervention
SC suspends ECP’s decision, prompting a full-court bench to conduct nine hearings, addressing procedural and constitutional arguments.
Government and ECP Opposition
Federal government and ECP contest SIC’s claims, asserting stringent eligibility criteria and procedural lapses.
SC’s definitive ruling validates PTI’s electoral rights and establishes legal benchmarks for future electoral disputes and coalition dynamics, marking a critical juncture in Pakistan’s political and judicial landscape.
