Pakistan
SC two Judges hold PTI not eligible for reserved seats in dissenting note
Top court judges say that to provide relief to PTI, court will need to extend beyond the jurisdiction established by Articles 175 and 185 of the Constitution and suspend Articles 51, 106 and 63, as well as Section 104 of the Elections Act, 2017, and relevant rules
Islamabad: After challenging the Supreme Court's majority ruling on reserved seats, two judges of the top court on Saturday issued a dissenting note, holding that the PTI is not eligible for reserved seats.
Judges Amin-Ud-Din Khan and Naeem Akhtar Afghan issued a 29-page dissenting note on July 12, following a majority judgment delivered by the full bench of the Supreme Court, led by Chief Justice Qazi Faez Isa.
The judges held that relief could not be provided to the Pakistan Tehreek-e-Insaf (PTI) because the opposition party was neither before the court nor did it attempt to become a party before the Election Commission of Pakistan (ECP).
The majority decision, with an 8:5 split, granted PTI eligibility for reserved seats for women and minorities in the assemblies, overturning previous rulings by the Peshawar High Court (PHC) and the ECP.
The dissenting note emphasized that PTI did not contest the February 8 nationwide elections as a political party; instead, its chairman participated as an independent candidate. The judges noted that any constitutional body cannot be directed to take actions or make decisions outside its constitutional authority.
The dissenting judges also held that to provide relief to PTI, the court would need to extend beyond the jurisdiction established by Articles 175 and 185 of the Constitution and suspend Articles 51, 106 and 63, as well as Section 104 of the Elections Act, 2017, and relevant rules.
They raised concerns about a delay in releasing the detailed verdict, which could potentially affect the review petition against the court's order. The dissenting note detailed their disagreement with the majority decision and addressed their findings on the appeals based on the case's merits.
The dissenting judges highlighted that the joining of independent candidates to the PTI was not disputed within the prescribed time frame, and no other parties contested their inclusion.
In response to queries about whether reserved seats could be allocated to PTI in this case, none of the counsels agreed, although the suggestion was repeatedly made by some members of the bench.
The Supreme Court’s July 12 ruling marked a significant legal victory for PTI, overturning the PHC's judgment and declaring the ECP's March 1 order unconstitutional. This decision enabled PTI to claim reserved seats, altering the National Assembly's composition and increasing pressure on the ruling coalition.
Following the court's decision, the ECP began partially implementing the ruling, notifying 39 of 80 National Assembly Members as PTI representatives. It also recognized 93 lawmakers in Punjab, Khyber Pakhtunkhwa, and Sindh as PTI-affiliated earlier this week. The commission has since sought further guidance from the Supreme Court to fully implement the ruling and address challenges in confirming the PTI affiliation of remaining lawmakers.