Sunni Ittehad Council Defends Non-Participation in Elections and Asserts Constitutional Rights.
PHC Rejects Sunni Ittehad Council’s Special Seat Requests. The Peshawar High Court, under the leadership of Justice Ishtiaq Ibrahim, presided over the hearing of specific seat requests from the Sunni Ittehad Council, with a 5-member larger bench. Barrister Ali Zafar, representing the Sunni Ittehad Council, presented their arguments before the court.
During the hearing, Barrister Ali Zafar stated that certain queries were left unanswered by the larger bench, upon which the court was requested for assistance. He highlighted that the Election Commission had initially withdrawn election symbols but later reinstated them, a decision upheld by the Supreme Court, thus paving the way for Pakistan Tehreek-e-Insaf (PTI) candidates to emerge. All PTI candidates came out victorious, ensuring the party’s dominance.
Zafar emphasized that the Sunni Ittehad Council’s members joined, mentioning the presence of political party references in Sections 210 and 202 of the Election Act. While the Sunni Ittehad Council did not contest elections, boycotting also constitutes a part of the electoral process.
Justice Rana inquired about the consequences if a group does not participate in the elections. Ali Zafar responded by asserting their status as a political entity, which entails fundamental constitutional rights. He cited Article 17, stating various fundamental rights conferred upon him. Zafar argued against the notion that their seats could not be increased, insisting that another schedule could be issued. He also noted the second schedule issued for the general elections. Refuting the claim that they couldn’t submit a list again was incorrect.
The Peshawar High Court asserted its stance that parties not participating in elections do not gain entitlement. With zero, whatever they gather remains zero. Special seats are only obtained when political parties win seats. The Sunni Ittehad Council did not secure any seats. If you don’t win seats, independent candidates can’t join you.
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After Barrister Ali Zafar’s arguments were concluded, the Election Commission’s lawyer, Sikander Bashir Mahmand Roster, presented his case. He clarified that the matter did not pertain to the party, but rather an announcement; it’s not a decision. These requests are specific to certain seats in all assemblies.
The Election Commission’s lawyer completed his arguments, upon which the court secured the decision. Subsequently, the Peshawar High Court dismissed Sunni Ittehad Council’s requests regarding specific seats.