Background and Court Decision
The Supreme Court of Pakistan overturned the Peshawar High Court’s decision and ruled in favor of Pakistan Tehreek e Insaf (PTI) regarding eligibility for reserved seats. Justice Mansoor Ali Shah announced an 8-5 majority verdict, overturning the PHC’s previous ruling. The court specifically nullified the PHC’s decision that upheld the Election Commission of Pakistan’s denial of reserved seats to PTI-backed Sunni Ittehad Council (SIC).
Justices in Favor of Verdict
The verdict was supported by Justice Athar Minallah, Justice Shahid Waheed, Justice Munib Akhtar, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hassan Rizvi, and Justice Irfan Saadat Khan, alongside Justice Mansoor Ali Shah.
Legal Justification
The Supreme Court emphasized that denial of election symbols does not undermine a political party’s constitutional and legal right to participate in elections and field candidates. It reaffirmed that the Election Commission has a constitutional obligation to adhere to all statutory provisions impartially.
PTI’s Rights Upheld
According to the court, PTI retains its legal and constitutional entitlement to reserved seats, reinforcing its position as a recognized political entity eligible to benefit from constitutional provisions.
Rejection of SIC Appeals
The apex court dismissed appeals filed by the Sunni Ittehad Council (SIC), affirming that the party cannot claim reserved seats as stipulated by the Constitution.
This decision by the Supreme Court marks a significant legal precedent concerning political party rights and electoral eligibility in Pakistan, clarifying the constitutional framework governing reserved seats and electoral participation.
