ISLAMABAD: The Supreme Court of Pakistan strongly criticized the Election Commission of Pakistan (ECP) for its attempts to create confusion regarding its July 12 verdict on reserved seats.
The top court in its stern clarification the ECP of trying to obstruct the implementation of its judgment, which declared the Pakistan Tehreek-e-Insaf (PTI) party eligible for its shares in 270 reserved seats in provincial assemblies and parliament.
The eight-member bench described the ECP’s request for further clarification as a deliberate ploy to delay the judgment’s execution. The Court stated that the ECP’s actions appeared to be a “contrived device” aimed at obstructing the process.
The ECP had previously notified 39 out of 80 Members of the National Assembly (MNAs) as PTI members and sought guidance from the Court on the status of the remaining lawmakers in both national and provincial assemblies. The Commission submitted a plea for a detailed interpretation of the July 12 order, which had ruled PTI-backed independent candidates eligible for reserved seats.
Following the Supreme Court’s ruling, PTI lawmakers had submitted affidavits of allegiance to PTI, but the ECP questioned the legitimacy of these submissions, citing that Barrister Gohar Ali Khan was not authorized as PTI’s chairman and that the party lacked valid organizational structures.
In its four-page clarification, the Supreme Court rejected the ECP’s objections, pointing out that the Court itself had recognized Barrister Khan as PTI’s chairman and that the doctrine protects actions taken by officeholders, even if their official status is disputed. The Court stressed that the ECP could not now seek further guidance or shift its stance as it pleased.
The Court also addressed the ECP’s claim that PTI lacked an organizational structure, emphasizing that PTI was an enlisted political party and that the certifications issued by Barrister Khan were valid. The Court warned the ECP that its continued refusal to comply with the Court’s order might lead to legal consequences.
Furthermore, the Court highlighted that seats secured by candidates should be considered as seats of the political party, PTI, for all legal and constitutional purposes.
The ECP’s failure to issue the required list was deemed a mere ministerial act with no substantive effect, but the Court warned that non-compliance could have repercussions.
The Supreme Court strongly criticized the ECP’s attempts to obfuscate the clear directives of the Court and mandated the immediate discharge of its legal obligations.
c.m.a._7540_2024
