The Election Commission of Pakistan (ECP) has offered a review requisition against the Supreme Court decision to allot reserved seats to Pakistan Tehreek-e-Insaf (PTI). In its July 12 ruling, the ECP asked the SC to reconsider its decision and withdraw it on grounds of justice and fair play.
Petition Details and Grounds for Review
In the petition, the Election Commission named several political entities, including the Sunni Ittehad Council, Sahibzada Hamid Raza, MQM, PPP, and PML-N, as respondents. According to the ECP, it followed the Constitution and law while dealing with PTI’s reserved seats. According to its order, the court notified 39 members’ seats and confirmed that no legal or judicial pronouncement had been misinterpreted. The apex court lacks the jurisdiction to interfere with constitutional provisions under Article 218. Therefore, the relevant constitutional organ should review any matters related to misreading or failure to read the Constitution.
Allegations of Overreach and Constitutional Misinterpretation
The petition claimed certain assumptions not present on record were made in the Supreme Court decision. Filing a review petition is a constitutional right, particularly when the court has granted relief in favor of a party never involved in the case; PTI was not a party before the SC, nor did independent members approach the top court affected by such an order.
Sunni Ittehad Council’s Role and Misalignment in Decision
According to ECP, PTI candidates for reserved seats never claimed these positions, whereas 80 members opted to join the Sunni Ittehad Council, submitting their declarations about affiliation. The Sunni Ittehad Council did not participate in general elections or submit a list of reserved seats. Therefore, it is unjustified to give another opportunity to 41 members to switch their party affiliation; besides, the SC needs to listen adequately to the arguments raised by the ECP.
Claims of Discriminatory Judgment
The Supreme Court’s July 12 decision was discriminatory and one-sided, as it ignored various constitutional provisions and legal articles, claimed ECP in its petition. Additionally, the court went beyond its jurisdiction in this matter. PTI leader Kanwal Shauzab’s association with the Sunni Ittehad Council for a reserved seat was an example of the complexities and mistakes made by the bench while deciding on such issues.
Broader Context and Previous Challenges
This review plea comes after ruling parties PML-N and PPP filed similar petitions against the SC order on reserved seats. Furthermore, the National Assembly and Senate have passed amendments to the Election Act, thus further complicating the legal landscape around this matter.
