ISLAMABAD - The Election Commission of Pakistan (ECP) has asked the Supreme Court to review its 12th July judgment on reserved seats of women and non-Muslims to Pakistan Tehrik-e-Insaf (PTI).
The Commission Wednesday filed the review petition submitting that it has implemented the court judgment to the extent of 39 candidates in due deference to the Court, and also sought clarification from it, but the same may not be taken to prejudice the instant review being a constitutional right of the petitioner. The ECP stated that the impugned judgment, respectfully, is not in accordance with the Constitution, law and the precedents of this Court, hence the petitioner desires to obtain review of the impugned judgment
It contended that a manifest error in the impugned judgment is that primary relief has been granted to PTI when neither the PTI nor any independent-returned candidates approached the ECP, the High Court or the Supreme Court to claim any of the seats reserved for women or non-Muslims.
The Commission submitted that the directions in the impugned judgment have clearly been passed without considering that such directions outrightly discriminate in favour of a single political party by extending concessions and relaxing certain Articles of the Constitution, laws and rules only to the extent of that single party.
It stated that in the manner the relief has been provided to accommodate only a particular party (PTI) is violative of Article 25 of the Constitution, as all members must be treated equally and in accordance with the prevailing law. The rights afforded under Article 17 of the Constitution to the PTI and its members cannot be held paramount to those of the SIC or any other political party.
It said that joining or not joining a particular political party is the sole prerogative of the persons, herein the members of the SIC, who joined SIC; same cannot be compelled or deemed to be the members of the PTI when they made a clear choice in favour of SIC.
The Commission stated that the impugned judgment has effectively re-set decisions taken by returned candidates and which stood crystallized, and such re-setting finds no place in either the law or the constitution. Furthermore, this re-set has opened the doors for the practices of horse-trading, floor-crossing, and other corrupt practices, which have been specifically deprecated by judgments of this Court.
It added that all courts, including the Supreme Court, are bound to decide cases as per the Constitution and the law as there exists no jurisdiction to decide a case outside the ambit of the law.