ISLAMABAD (PEN) : The Supreme Court of Pakistan has observed that the Sunni Ittehad Council (SIC) is not entitled to claim reserved seats in Parliament, raising significant constitutional concerns over the inclusion of independent candidates in a party that did not participate in the general elections.
The remarks came during a live-streamed hearing of the high-profile case on reserved seats, led by an 11-member constitutional bench chaired by Justice Amin-ud-Din Khan. The court questioned the legal standing of the SIC in seeking parliamentary seats allocated through proportional representation.
Court Questions SIC’s Electoral Legitimacy
Justice Musarrat Hilali raised a critical query:
“How can independent candidates join a party not present in Parliament? Did Sunni Ittehad Council even contest the elections?”
The court underscored that under the Constitution, reserved seats are distributed based on a party’s performance in general elections. Since the SIC did not contest the 2024 elections, judges questioned how it could now claim representation in Parliament.
Legal Arguments and Bench’s Observations
Senior lawyer Makhdoom Ali Khan, representing women lawmakers de-notified by the Election Commission of Pakistan (ECP), argued that SIC-affiliated members were removed without prior notice and that the party’s earlier appeal had been dismissed unanimously.
Justice Hilali reiterated that the allocation of reserved seats hinges on proportional representation.
“This case concerns proportional representation. Reserved seats are allocated based on party performance in elections,” she said.
Khan further contended that the Supreme Court’s earlier ruling made no mention of Article 225, which limits legal challenges to electoral matters to election tribunals. The bench, however, maintained that the current case relates more to the process of representation than to direct election results.
Justice Jamal Khan Mandokhail firmly stated during the proceedings:
“The Sunni Ittehad Council is not eligible for reserved seats.”
SIC to Present Arguments Tuesday
The bench adjourned the hearing until Tuesday, instructing SIC’s legal team to present their arguments in the next session. The outcome could have a significant impact on the composition of Parliament and the political strength of various parties.
Background: PTI, Reserved Seats, and ECP Criticism
At the center of the legal dispute is the Supreme Court’s *July 12, 2024* ruling, which recognized 39 out of 80 contested MNAs as Pakistan Tehreek-e-Insaf (PTI) candidates, effectively making PTI the largest party if the order is implemented.
However, implementation remains stalled. The *National Assembly* has not acted on the order, and the *ECP* has raised procedural objections. The *PML-N, **PPP*, and ECP have all submitted review petitions.
In its detailed *September 23, 2024* verdict, authored by Justice Mansoor Ali Shah, the apex court sharply criticized the ECP for what it described as “numerous unlawful acts and omissions” that undermined electoral integrity.
The court noted that these missteps had “caused confusion and prejudice to PTI, its candidates and the electorate who voted for PTI.”
Further clarifications from the bench were issued in *September and October 2024*, emphasizing that amendments to the Elections Act 2017 could not override the court’s earlier verdict.
