The Election Commission of Pakistan (ECP) has once again sought clarification from the Supreme Court regarding the allocation of reserved seats to the Pakistan Tehreek-e-Insaf (PTI), following the introduction of the Election Amendment Act.
In its application to the court, the ECP explained that the July 12 ruling came before the new law was enacted and asked for guidance on whether to follow the amended parliamentary law or the Supreme Court’s previous ruling.
On September 23, a majority of the Supreme Court judges issued a detailed judgment on the reserved seats case, reaffirming that the ECP should notify PTI candidates for the seats.
Supreme Court ruling on October 23
On October 23, the Supreme Court ruled that the ECP's March 1 decision, regarding the allocation of reserved seats, was unconstitutional and ordered the seats be given to the PTI. The detailed verdict, authored by Justice Mansoor Ali Shah, spanned 70 pages and annulled both the Peshawar High Court and ECP's earlier decisions.
In its judgment, the court emphasized that the PTI, having contested and won seats in the February 8 elections, is entitled to the reserved seats. The ECP was directed to notify PTI's winning candidates and collect signed statements from the remaining members of the National Assembly (MNAs) within 15 days.
The court also criticized the ECP for failing to fulfill its constitutional duties, stating that the body, as the "fourth pillar of the state," must ensure the democratic process. It further ruled that no political party should be barred from contesting elections and questioned how so many independent candidates could succeed in a party-based democracy.
The Supreme Court had previously annulled the ECP's March 1 decision and ruled in favor of the PTI on July 12, with the ECP filing a review petition in August. This petition was rejected by the court on September 14, which described the ECP's request for clarification as a "delaying tactic."
