The apex ruled that the ECP was duty bound in terms of the Constitution to keep in mind that the admitted position is that the PTI was, and is, an enlisted political party.
Supreme Court orders immediate action on reserved seats, rejects ECP delay. The Supreme Court of Pakistan issued on Saturday disposed of the Election Commission of Pakistan’s petition seeking clarification on the apex court’s July 13 ruling that had granted reserved seats to Pakistan Tehreek-e-Insaf (PTI).
In its petition, the ECP purported to seek guidance on the point that “[i]n absence of a valid organizational structure of Pakistan Tehreek-i-Insaf (PTI), who will confirm the political affiliation of the returned candidates (MNAs and MPAs) on behalf of PTI, who have filed their statements in light of the Supreme Court Order [dated 12 July 2024].”
The top court, in its ruling, states that the clarification sought by the Commission “is nothing more than a contrived device and the adoption of dilatory tactics, adopted to delay, defeat and obstruct implementation of the decision of the Court. This cannot be countenanced”.
“Even on the application of elementary principles of law, the application filed by the Commission is misconceived. Having itself CMA No. 7540 of 2024 etc. 3 recognized Barrister Gohar Ali Khan as the Chairman of PTI, the Commission cannot now turn around and purport to seek guidance from the Court with regard to how the certifications are to be dealt with,” read the ruling.
Citing the short order, the top court said it has been categorically declared that the lack or denial of an election symbol does not in any manner affect the constitutional and legal rights of a political party to participate in an election (whether general or by) and to field candidates,
It added that the “PTI was and is a political party, which secured or won (the two terms being interchangeable) general seats in the National and Provincial Assemblies in the General Elections of 2024 as provided in that Order”.
The apex ruled that the ECP was duty bound in terms of the Constitution to keep in mind that the admitted position is that the PTI was, and is, an enlisted political party.
“Nonetheless, the continued failure of, and refusal by, the Commission to perform this legally binding obligation may, as noted, have consequences. This obligation must be discharged forthwith”.
In July this year, the top court overturned previous decisions by the Peshawar High Court and the ECP, granting reserved seats to the Imran Khan’s party.
The ruling recognised PTI as a parliamentary party, creating a significant impact on the balance of power in national and provincial assemblies.
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