ISLAMABAD (PEN) : Justice Ayesha Malik of the Supreme Court remarked on Monday that the Election Commission of Pakistan (ECP) holds authority over the formula used for allocating reserved seats, including the discretion to declare any candidate as independent.
The statement came during a hearing by a 13-member full-court bench led by Chief Justice of Pakistan Qazi Faez Isa. The bench was considering a plea by the Sunni Ittehad Council (SIC) challenging the Peshawar High Court’s decision to uphold the ECP’s denial of reserved seats.
In today’s session, ECP’s counsel Sikander Bashir informed the court that Pakistan Tehreek-e-Inaf (PTI) had issued party affiliation certificates along with Form 66, signed by Barrister Gohar Khan. However, the counsel argued that the PTI’s nomination papers were invalid as the party had not conducted intra-party elections nor elected a chairman at that time.
Chief Justice Isa noted the PTI’s failure to hold intra-party elections despite a year’s notice.
Justice Ayesha Malik queried the ECP’s counsel about the KP advocate general’s statement that Balochistan Awami Party (BAP) had been allocated reserved seats without submitting a candidate list. She questioned whether the ECP had addressed this matter in any meetings.
Justice Mansoor Ali Shah emphasized the court’s commitment to ensuring every political party receives its rightful entitlement of seats, neither more nor less.
The court directed the ECP to submit detailed documentation on the allocation of reserved seats in 2024, including the relevant formula, and adjourned the hearing until 11:30 am Tuesday.
The issue arose after PTI-backed independent candidates, constituting a majority in the opposition, lost 77 reserved seats in national and provincial assemblies due to the PHC’s ruling.
