The majority bench of the Supreme Court issued a clarifying order in the reserved seats case, stating that according to the decision, PTI candidates who submitted party certificates are the successful candidates, and the Election Commission must implement the decision without delay.
The Supreme Court issued a written order in response to the Election Commission's clarification request regarding reserved seats.
The decision, issued by an eight-member majority bench, spans four pages and states that the Election Commission had approached the Supreme Court for clarification regarding 41 members. The court noted that the Election Commission's request for clarification appeared to be an attempt to create confusion and was a delaying tactic. The clarification request was deemed a hindrance to the implementation of the court’s decision and was therefore rejected.
The Supreme Court’s clarifying order stated that the Election Commission had previously recognized Barrister Gohar as the party chairman and accepted PTI as a registered political party. Even the minority judges acknowledged PTI's legal status.
The written order also noted that the Election Commission could not change its position under the guise of clarification. PTI candidates who submitted party certificates are the successful candidates in light of the decision, and the Supreme Court’s ruling on July 12 was clear, applying to both national and provincial assemblies.
The Supreme Court instructed the Election Commission to implement the decision immediately and warned that any delay could have consequences.
The justices included in the majority bench decision are Justice Mansoor Ali Shah, Justice Munib Akhtar, Justice Athar Minallah, Justice Ayesha Malik, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Shahid Waheed, and Justice Irfan Saadat.
It is important to note that, in a brief order issued on July 12, the Supreme Court had nullified the Peshawar High Court and Election Commission decisions in the case of Sunni Ittehad Council’s reserved seats and ruled in favor of PTI for the reserved seats.
Earlier this year, on March 14, a five-member larger bench of the Peshawar High Court had unanimously rejected the petition challenging the denial of reserved seats to the Sunni Ittehad Council.
Led by Chief Justice Qazi Faez Isa, a 13-member full bench of the Supreme Court declared the Election Commission's decision unconstitutional. The judgment was written by Justice Mansoor Ali Shah.
Chief Justice Qazi Faez Isa, Justice Jamal Mandokhail, Justice Naeem Afghan, Justice Aminuddin Khan, and Justice Yahya Afridi opposed the petitions.
Posts
0 Comments