During a hearing on an appeal by the Sunni Ittehad Council regarding reserved seats. Justice Munib Akhtar remarked that the Supreme Court upheld the Election Commission’s decision. Still, the Court never intended to exclude Pakistan Tehreek-e-Insaf (PTI) from the elections.
Misinterpretation of Court Decision Supreme CourtÂ
Justice Athar Minallah: The Election Commission misinterpreted the Supreme Court’s decision. Which led to the exclusion of a major party from the elections. The Commission does not have the authority to exclude any party from elections.
Chief Justice Qazi Faez Isa noted there is no solution if the Supreme Court’s decision is misinterpreted. A 13-member full court, headed by Chief Justice Qazi Faez Isa, heard the Sunni Ittehad Council’s appeal. The proceedings were adjourned until Monday as they could not be completed.
Arguments from the Election Commission Supreme CourtÂ
Advocate Sikandar Bashir: Representing the Election Commission, he explained that nomination papers for independent candidates were being prepared. During his arguments, Justice Shahid Waheed instructed that PTI’s priority list should also be provided.
Case Details and Queries
- Nomination Papers: Bashir read the nomination papers of Sahibzada Hamid Raza, who claimed to be an ally of PTI. However, Hamid Raza’s request for an independent symbol indicated a conflict as he did not explicitly state a desire to be an independent candidate.
- Electoral Symbols: Justice Munib Akhtar asked whether Hamid Raza was given an electoral symbol under Section 67(3). Justice Mansoor Ali Shah queried about the party ticket Hamid Raza submitted, to which Bashir responded that it was a PTI ticket.
Justice Remarks and Questions
- Candidate’s Declaration: Justice Mansoor Ali Shah highlighted the discrepancy between the candidate’s declaration and party affiliation. The commission must ensure consistency.
- 81 Candidates: Justice Yahya Afridi questioned if any candidates among the 81 had shown their party affiliation and submitted a certificate. Bashir acknowledged the complexity of the varying records.
- Confusion by Election Commission: Justice Ayesha Malik noted that the Election Commission contributed to the confusion. On the day the nomination papers were submitted, Justice Munib Akhtar announced that the Election Commission had declared that candidates would not receive an electoral symbol. He emphasized that the Supreme Court did not intend to eliminate PTI from the elections.
- Symbol Allocation: Chief Justice Qazi Faez Isa mentioned that the Election Commission could have assigned PTI’s electoral symbol to independent candidates. Stressing the importance of interpreting decisions correctly.
Legal and Electoral Processes
- Electoral Rights and Symbols: The justices discussed the allocation of electoral symbols and the candidates’ right to contest elections. Justice Munib Akhtar pointed out that despite PTI’s punishment for not holding intra-party elections. The Election Commission did not assign the bat symbol to any candidate.
- President’s Role: The Chief Justice also referenced Section 240, highlighting the president’s role in determining the election date. Which had not been provided.
