In response to a request from the Election Commission of Pakistan (ECP), eight judges clarified that the July 12 verdict could not be rendered ineffective through amendments to the Election Act. This clarification reinforces the court’s position, ensuring that previous rulings remain intact despite legislative changes.
The judges stated that the amendment to the Election Act would not apply retroactively, and the ECP is obligated to implement the court’s decision without further clarification.
In July, the Supreme Court overturned the Peshawar High Court and ECP verdicts, declaring the Pakistan Tehreek-e-Insaf (PTI) eligible for reserved seats in the case involving the Sunni Ittehad Council. The decision, announced by Chief Justice Qazi Faez Isa, was supported by an 8-5 majority in the full 13-member court, with proceedings being broadcast live. All judges recognized the PTI as a legal and competent political party.
The court noted that the loss of an election symbol does not eliminate a party’s right to participate in elections. The ECP submitted data on 80 candidates to the court, confirming that 39 candidates affiliated with the PTI would remain recognized as successful candidates. The remaining 41 candidates have 15 days to submit affidavits affirming their affiliation with the party.
The PTI was ordered to submit its list for reserved seats within 15 days. The court stated that if either the ECP or the PTI requires further explanation, they can approach the court. The Supreme Court declared the election for additional reserved seats null and void, affirming that the PTI is entitled to reserved seats in the National and provincial assemblies. It instructed the ECP to issue notifications for reserved seats according to the PTI’s list, applicable to the Punjab, Khyber Pakhtunkhwa, and Sindh assemblies as well.
