ISLAMABAD, Jul 12 (APP): Supreme Court (SC)’s Justice Yahya Afridi in his dissenting note dismissed the appeals of Sunni Ittehad Council (SIC) pertaining to the reserved seats.
The note said: “Sunni Ittehad Council does not fulfil the conditions prescribed for a political party under the enabling provisions of the Constitution of Islamic Republic of Pakistan (“Constitution”) and the law to be allowed/allocated reserved seats for women and non-Muslims in the National Assembly or the Provincial Assemblies.”
It further said: “Pakistan Tehreek-e-Insaf (“PTI”) fulfils the conditions prescribed for a political party under the enabling provisions of the Constitution and the law to be allowed/allocated reserved seats for women and non-Muslims, in terms that:
A candidate for a seat in the National Assembly or the Provincial Assembly, who in his/her nomination paper has declared on oath to belong to PTI and duly submitted a certificate of the same political party confirming that he/she is the nominated candidate of PTI for the respective constituency, shall remain so, and cannot be declared independent. The reserved seats for women and non-Muslims are to be allowed/allocated to PTI, accordingly.
A candidate nominated by PTI after being declared returned, joined another political party or sought to be treated as independent, raises serious concerns about disregarding the trust reposed in him/her by the voters, thus undermining the will of the people.
Therefore, issuing definitive directions to the Election Commission of Pakistan, the allocation of specific number of reserved seats for women and non-Muslims to a political party in the National Assembly and the Provincial Assemblies would not be legally appropriate.”
It further said: “Accordingly, the Election Commission of Pakistan is directed to decide the allocation of reserved seats for women and non-Muslims to political parties in the National Assembly and the Provincial Assemblies in the light of the determinations made herein above after providing an opportunity of hearing to the parties concerned, and if required revisit its earlier decisions on the matter. The needful be done within seven days of the receipt of this order.”
In their notes Justice Amin-ud-Din Khan, Justice Naeem Akhtar Afghan wrote: “For reasons to be recorded later, we dismiss the appeals, petition as well as CMAs and the judgment of the Peshawar High Court is upheld.
Chief Justice Qazi Faez Isa wrote, “I agree with the short order authored by Justice Jamal Khan Mandokhail. Justice Amin ud Din Khan said, “I have attached my separate short order dismissing all the appeals, petitions and applications and uphold the impugned judgment of the Peshawar High Court.” Justice Amin-ud-Din Khan wrote,“ I have appended my separate order.”
