The Supreme Court of Pakistan has adjourned the hearing of the Sunni Ittehad Council’s appeal against the allocation of reserved seats to other parties until June 24.
The court was told that the controversy arose because a political party was denied its election symbol, which was upheld by the Supreme Court.
A 13-member full bench of the Supreme Court, headed by Chief Justice Qazi Faiz Isa, heard the appeal. The court remarked that the hearing will be held daily from June 24.
The Chief Justice questioned whether the manifesto of the Sunni Ittehad Council and PTI were similar, emphasizing the importance of political parties in a parliamentary system. He also said that if a party does not participate in an election, it rejects the political process.
Justice Mansoor Ali Shah asked why independent candidates needed to contest elections for registered parties, while Faisal Siddiqui, the lawyer for the Sunni Ittehad Council, argued that there was no dispute that the party did not contest the election.
The Chief Justice also inquired about the parliamentary leader of the Sunni Ittehad Council, but Faisal Siddiqui was unable to provide information.
The Supreme Court justices discussed the distinction between a political party and a parliamentary party. Justice Athar Manullah emphasized that a parliamentary party is necessary for a parliamentary system, while Justice Jamal Mandukhel noted that decisions are made in parliament by the parliamentary party, which everyone must accept.
Justice Muneeb Akhtar clarified that a parliamentary party is not bound to obey the party leader, and Article 51 of the Constitution mentions a political party, not a parliamentary party. He suggested focusing on the political party and the case rather than mentioning the parliamentary party.
Lawyer Faisal Siddiqui highlighted the distinction between a political party and a parliamentary party, citing Article 63A of the Constitution. Chief Justice Qazi Faiz Isa inquired about the status of the Sunni Ittehad Council (SIC) before the February 8 general elections, to which Faisal Siddiqui replied that SIC was a political party before the elections and became a parliamentary party after joining independent candidates.
Justice Athar Manullah further asked if it is possible to have a parliamentary party without being a political party. Justice Jamal Mandukhel pointed out that an independent candidate is not affiliated with any party.
Justice Muneeb Akhtar stated that if someone declares themselves as a party candidate in nomination papers and submits the party ticket, they will be considered a party candidate. He questioned how the Election Commission could declare PTI candidates as independent when they were declared as PTI candidates in nomination papers and got elected.
Justice Jamal Mandukhel added that this was what he was trying to explain yesterday, which is why successful PTI candidates joined the Sunni Unity Council.
Chief Justice Faiz Isa clarified that only independent candidates can join a party. Justice Ayesha Malik asked what basis the Election Commission of Pakistan (ECP) used to declare the candidates independent, and the ECP allowed them to contest elections by recognizing them as independent.
The Chief Justice noted that the political party did not receive a symbol due to the absence of intra-party elections. He asked if any candidate had applied for the election symbol of a bat, and Faisal Siddiqui replied that he had applied to the ECP and challenged the order when it was rejected.
Justice Athar Manullah emphasized that the election symbol is only for the convenience of the political party, and even without it, the party can still contest the election as a party.
