PESHAWAR: In a significant ruling, the Peshawar High Court (PHC) has declared two notifications issued by the Election Commission of Pakistan (ECP) regarding the allocation of reserved seats in the Khyber Pakhtunkhwa (KP) Assembly null and void. The court has ordered the ECP to redistribute the seats in accordance with the proportional representation formula within 10 days.
A two-member bench led by Justice Syed Arshad Ali issued the two-page written verdict, also directing that no newly elected members on reserved seats be administered the oath until the redistribution process is completed.
The judgment followed the conclusion of arguments in a petition challenging the initial allocation of reserved seats. Earlier, the PHC had temporarily barred oath-taking of newly elected MPAs on reserved seats until July 3.
During the proceedings, the petitioner’s counsel argued that the ECP had failed to apply the proportional representation rule in allocating the reserved seats. Justice Arshad Ali questioned whether the relevant political parties had submitted the required lists for seat allocations. The counsel responded that PTI-backed independents, despite holding two general seats, were entitled to at least one reserved seat for women. However, since PTI did not formally contest the election, their entitlement remained a legal gray area.
Background: Supreme Court Reverses Earlier Ruling
The PHC’s judgment follows the Supreme Court’s decision on June 27 to accept the review petitions filed by PTI and the Sunni Ittehad Council (SIC). The top court reversed its earlier July 12 verdict, effectively restoring 77 reserved seats in both the National Assembly and provincial legislatures.
A seven-member bench issued a four-page short order, with 10 judges signing off on the final ruling. This decision reinstated the ECP’s earlier allocation of reserved seats to the ruling coalition, including the PPP, PML-N, JUI-F, and others—depriving PTI of its claim to these seats.
Breakdown of Restored Reserved Seats:
National Assembly (Total: 22 seats)
- Women: 19
- Minorities: 3
Provincial Assemblies (Total: 55 seats)
- Khyber Pakhtunkhwa: 21 women, 4 minority seats
- Punjab: 24 women, 3 minority seats
- Sindh: 2 women, 1 minority seat
Latest Reserved Seat Allocations:
Punjab Assembly (27 seats total)
- PML-N: 23
- PPP: 2
- PML-Q: 1
- IPP: 1
Sindh Assembly (3 seats total)
- PPP: 2
- MQM: 1
KP Assembly (25 seats total)
- JUI-F: 8 (previously held 2, now total 10)
- PML-N: 6 (now total 13)
- PPP: 5 (now total 10)
- ANP: 1 (now total 3)
- PTI Parliamentarians (PTI-P): 1 (now total 3)
