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SC Judge Asserts ECP’s Control Over Reserved Seats Formula and Independent Candidate Declarations

ISLAMABAD: The Supreme Court of Pakistan witnessed a significant hearing on Monday as a 13-member full-court bench, led by Chief Justice Qazi Faez Isa, deliberated over the allocation of reserved seats by the Election Commission of Pakistan (ECP).

Justice Ayesha Malik highlighted the ECP’s authority to designate candidates as independent at its discretion, as the bench addressed the Sunni Ittehad Council’s (SIC) plea challenging the PHC’s decision upholding the ECP’s denial of reserved seats.

During the proceedings, ECP’s counsel Sikander Bashir informed the court that the Pakistan Tehreek-e-Inaf (PTI) had issued party affiliation certificates alongside Form 66, despite lacking intra-party elections and an elected chairman at the time of candidate nominations.

Chief Justice Isa noted the PTI’s failure to conduct intra-party polls within the stipulated time frame, underscoring the party’s legal obligations in electoral processes.

Justice Ayesha Malik queried the ECP’s actions regarding the Balochistan Awami Party (BAP), which allegedly received reserved seats despite procedural shortcomings, prompting scrutiny of the ECP’s handling of such cases.

Justice Syed Mansoor Ali Shah emphasized the court’s commitment to ensuring fair representation for all political parties, stressing the importance of upholding the integrity of seat allocations.

The bench directed the ECP to submit detailed documents and formulas used for allocating reserved seats in 2024, adjourning the hearing until Tuesday morning.

The case is pivotal as it involves the allocation of 67 women and 11 minority seats in national and provincial assemblies, contested vigorously by the SIC following its electoral alliance with independent candidates backed by the PTI. The outcome of this legal battle holds implications for electoral practices and political representation in Pakistan’s legislative bodies.

Additionally, the federal government, represented by Attorney General Mansoor Usman Awan, has argued against revising the ECP’s decision, advocating for adherence to electoral laws governing the allocation of reserved seats based on party performance and candidate lists submitted in due time.

As the proceedings continue, stakeholders await the Supreme Court’s decision, which will likely shape future electoral procedures and uphold constitutional principles of representation in Pakistan.

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