SC orders ECP to immediately implement reserved seats verdict

The Supreme Court Saturday criticised the Election Commission of Pakistan (ECP)‘s request to seek clarification from the top court on its ruling on reserved seats and ordered that it immediately implement the top court’s original decision in the case.

According to the eight judges who earlier ruled in favor of allotting PTI reserved seats in the July verdict, the electoral watchdog’s request was an “attempt to create confusion” and “obstruct” the implementation of the court’s original order.

ECP decides to implement Supreme Court’s order in reserved seats case

“Putting together the record placed before us [top court], and considering the same in light of the short order, leaves in little doubt that the clarification sought by the commission is nothing more than a contrived device and adoption of dilatory tactics,” the eight judges stated in a clarification.

“Having itself recognised 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. The commission cannot approbate and reprobate, taking whatever [shifting] stance as it desires and as may seem to suit its immediate purposes for the moment.”

The verdict further said that “the commission, even if one were to consider the application in the most sympathetic light, has apparently forgotten the well-known de facto doctrine or rule, in terms of which the acts of a person who holds an office are protected even if there may be [and no such conclusion is reached here in relation to the PTI] any issue with the position de jure. It sufficed and the commission was duty-bound in terms of the Constitution to keep in mind that the admitted position [as stated before the court during the hearing of the appeals] is that the PTI was, and is, an enlisted political party.”

On July 12, a 13-judge full bench of the top court overturned the ECP and Peshawar High Court’s (PHC) decision to deprive SIC – the home of PTI-backed independents – of reserved seats and handing it over to the Pakistan Muslim League-Nawaz (PML-N) led ruling coalition.

The 8-5 majority short verdict ruled that the PTI was eligible for reserved seats for women and minorities in the national and provincial assemblies.

Implementation of SC verdict: ECP fails to chart its course of action

The decision was widely criticised by the government as it not only deprived the ruling alliance of its two-thirds majority but also made PTI the single largest party in both houses.

Following the court’s ruling, the electoral watchdog decided to implement the decision of the Supreme Court.

However, later the ECP asked the Supreme Court to review its 12th July judgment in reserved seats of women and non-Muslims for PTI.

The ECP submitted that it has implemented the judgment to the extent of 39 candidates in due deference to the Court, and also sought clarification from it, but the same may not be taken to prejudice the instant review being a constitutional right of the petitioner.

Reserved seats verdict: ECP files review petition

The ECP stated that the impugned judgment, respectfully, is not in accordance with the Constitution, law and the precedents of this Court; hence the petitioner desires to obtain review of the impugned judgment.