ISLAMABAD - The Islamabad High Court (IHC) on Wednesday issued notices to the Election Commission of Pakistan (ECP) in Pakistan Tehrik-e-Insaf (PTI) petition moved against ECP’s decision on Punjab Assembly’s reserved seats.
A single bench of the IHC comprising Justice Aamer Farooq conducted hearing of the petition and issued notices to the ECP and also directed it to submit its response in this matter.
The court also directed the PTI counsel to make PML-N as a respondent in the case and deferred the hearing till June 21 for further proceedings.
The PTI moved the petition through its secretary general Asad Umar, Batool Zain, Saira Raza and Fouzia Abbas Naseem and made Secretary Election Commission of Pakistan (ECP) as respondent.
The party’s counsel Barrister Ali Zafar said in the petition that the petitioner No 2 to 4 are entitled to be notified as the members of the Punjab Assembly in place of 3 MPAs including Uzma Kardar, Ayesha Nawaz and Sajida Yousaf against reserved seats for women, who were disqualified in terms of Article 63A of the Constitution and, accordingly, de-notified vide order of the ECP dated 20/05/2022.
The court was informed that the election of the Chief Minister Punjab was held on 16/04/2022 in which 25 members of the PTI in the Punjab Assembly voted against the PTI Parliamentary party’s directions in favour of Hamza Shehbaz instead of Ch Parvez Elahi. It added that consequently, the 25 Members committed a violation of Article 63A of the Constitution and were liable to be disqualified on the grounds of ‘defection’.
The petitioner said that references were accordingly filed against the 25 defected members of the PTI before the ECP in accordance with Article 63A ibid and the References were ultimately accepted by the ECP on 20/05/2022 and, as a result, the 25 members were declared to have ceased to be the members of the Punjab Assembly and their seats became vacant.
He continued that thereafter, the ECP de-notified 25 defected members on 23/05/2022 through notification duly published in the gazette of Pakistan. He also said that as per the afore-mentioned notification dated 23/05/2022, 3 members of the PTI from the reserved seats for women namely Uzma Kardar, Ayesha Nawaz and Sajida Yousafwere de-notified and their seats became vacant.
The PTI contended that Article 224(6) of the Constitution is clear and unambiguous and provides that when a seat reserved for women or non-Muslims in a provincial assembly falls vacant, it shall be filled by the next person in order of precedence from the party list of candidates to be submitted to the Election Commissions by the political party whose member has vacated such seat.
The petition further contended that the proviso to this Article further provides that if at any time the party list is exhausted, the concerned political party may submit the name for any vacancy which may occur thereafter and Section 104(5) of the Elections Act, 2017 is also very much clear and provides that whenever the seat reserved for women or non-Muslims in an Assembly falls vacant, it shall be filled by the next person in order of precedence from the party’s list.
PTI petition against ECP decision on PA reserved seats
It also said that the PTI’s party list also provided the names of the next persons in order of precedence who were to be notified in case the seats of the afore-mentioned 3 persons were vacated. In the case of reserved seats for women, the petitioners No 2 to 4 are the next persons in order of precedence from the petitioner No 1’s party list.
The party said that the petitioners No 2 to 4 are hence defecto-elected in-waiting nominees of the PTI for notification as members of Punjab Assembly on reserved seats as per Article 224 and therefore are to be notified to become members automatically upon the vacation of the seats by the PTI’s members who were notified as members prior to them because of the order of precedence in PTI’s list.
It argued that as per Article 224(6) of the Constitution and Section 104(5) of the Elections Act, 2017, the ECP was bound to issue the notification of the Petitioner No 2 to 4 for reserved seats of women as they were the next persons in order of precedence in the Petitioner No 1’s list of candidates. This was an administrative process which the Respondent had to undertake without any requirement for adjudication.
It added that an application was filed by Sibtain Khan, the PTI parliamentary leader, praying to ECP to fill the afore-mentioned seats as per Article 224(6) of the Constitution which was eventually heard by it. However, vide the Impugned Order dated 02/06/2022, the ECP decided that the matter of notification of the Petitioner No 2 to 4 be deferred till the conclusion of the by-elections on the 20 general seats which fell vacant because of the defection under Article 63A of the Constitution.
The party said that the impugned order dated 02/06/2022 is illegal, without lawful authority and of no legal effect.
Therefore, it prayed that the said order of ECP may be declared to be illegal, without lawful authority and of no legal effect as the same is being passed by the respondent in violation of the Constitution, Elections Act, 2017 and the law.
It further prayed that the ECP be directed to immediately fill the vacant seats reserved for women and non-Muslims in accordance with Article 224(6) of the Constitution and as per the list of candidates submitted to it by the PTI.
A single bench of the IHC comprising Justice Aamer Farooq conducted hearing of the petition and issued notices to the ECP and also directed it to submit its response in this matter.
The court also directed the PTI counsel to make PML-N as a respondent in the case and deferred the hearing till June 21 for further proceedings.
The PTI moved the petition through its secretary general Asad Umar, Batool Zain, Saira Raza and Fouzia Abbas Naseem and made Secretary Election Commission of Pakistan (ECP) as respondent.
The party’s counsel Barrister Ali Zafar said in the petition that the petitioner No 2 to 4 are entitled to be notified as the members of the Punjab Assembly in place of 3 MPAs including Uzma Kardar, Ayesha Nawaz and Sajida Yousaf against reserved seats for women, who were disqualified in terms of Article 63A of the Constitution and, accordingly, de-notified vide order of the ECP dated 20/05/2022.
The court was informed that the election of the Chief Minister Punjab was held on 16/04/2022 in which 25 members of the PTI in the Punjab Assembly voted against the PTI Parliamentary party’s directions in favour of Hamza Shehbaz instead of Ch Parvez Elahi. It added that consequently, the 25 Members committed a violation of Article 63A of the Constitution and were liable to be disqualified on the grounds of ‘defection’.
The petitioner said that references were accordingly filed against the 25 defected members of the PTI before the ECP in accordance with Article 63A ibid and the References were ultimately accepted by the ECP on 20/05/2022 and, as a result, the 25 members were declared to have ceased to be the members of the Punjab Assembly and their seats became vacant.
He continued that thereafter, the ECP de-notified 25 defected members on 23/05/2022 through notification duly published in the gazette of Pakistan. He also said that as per the afore-mentioned notification dated 23/05/2022, 3 members of the PTI from the reserved seats for women namely Uzma Kardar, Ayesha Nawaz and Sajida Yousafwere de-notified and their seats became vacant.
The PTI contended that Article 224(6) of the Constitution is clear and unambiguous and provides that when a seat reserved for women or non-Muslims in a provincial assembly falls vacant, it shall be filled by the next person in order of precedence from the party list of candidates to be submitted to the Election Commissions by the political party whose member has vacated such seat.
The petition further contended that the proviso to this Article further provides that if at any time the party list is exhausted, the concerned political party may submit the name for any vacancy which may occur thereafter and Section 104(5) of the Elections Act, 2017 is also very much clear and provides that whenever the seat reserved for women or non-Muslims in an Assembly falls vacant, it shall be filled by the next person in order of precedence from the party’s list.
PTI petition against ECP decision on PA reserved seats
It also said that the PTI’s party list also provided the names of the next persons in order of precedence who were to be notified in case the seats of the afore-mentioned 3 persons were vacated. In the case of reserved seats for women, the petitioners No 2 to 4 are the next persons in order of precedence from the petitioner No 1’s party list.
The party said that the petitioners No 2 to 4 are hence defecto-elected in-waiting nominees of the PTI for notification as members of Punjab Assembly on reserved seats as per Article 224 and therefore are to be notified to become members automatically upon the vacation of the seats by the PTI’s members who were notified as members prior to them because of the order of precedence in PTI’s list.
It argued that as per Article 224(6) of the Constitution and Section 104(5) of the Elections Act, 2017, the ECP was bound to issue the notification of the Petitioner No 2 to 4 for reserved seats of women as they were the next persons in order of precedence in the Petitioner No 1’s list of candidates. This was an administrative process which the Respondent had to undertake without any requirement for adjudication.
It added that an application was filed by Sibtain Khan, the PTI parliamentary leader, praying to ECP to fill the afore-mentioned seats as per Article 224(6) of the Constitution which was eventually heard by it. However, vide the Impugned Order dated 02/06/2022, the ECP decided that the matter of notification of the Petitioner No 2 to 4 be deferred till the conclusion of the by-elections on the 20 general seats which fell vacant because of the defection under Article 63A of the Constitution.
The party said that the impugned order dated 02/06/2022 is illegal, without lawful authority and of no legal effect.
Therefore, it prayed that the said order of ECP may be declared to be illegal, without lawful authority and of no legal effect as the same is being passed by the respondent in violation of the Constitution, Elections Act, 2017 and the law.
It further prayed that the ECP be directed to immediately fill the vacant seats reserved for women and non-Muslims in accordance with Article 224(6) of the Constitution and as per the list of candidates submitted to it by the PTI.
