Peshawar High Court rejects PTI backed SIC’s plea on reserved seats
Court announced its verdict reserved earlier today following completion of arguments from all parties
The Peshawar High Court dismissed the Pakistan Tehreek-e-Insaf (PTI)-backed Sunni Ittehad Council’s (SIC) petition challenging the Election Commission of Pakistan’s (ECP) ruling that denied reserved seats to the party, on Thursday.
“Petitions are unanimously rejected,” the court maintained.
On Thursday, the PHC resumed the hearing being conducted by a five-member bench led by Chief Justice Mohammad Ibrahim Khan and comprising Justice Ijaz Anwar, Justice Ishtiaq Ibrahim, Justice Shakeel Ahmad and Justice Arshad Ali.
SIC’s lawyer Barrister Ali Zafar presenting his arguments before the court said that the Constitution does not mention when a party has to submit a list of names for reserved seats to the ECP.
“It is not written anywhere that you cannot resubmit the list or when it has to be submitted,” the barrister Ali Zafar argued.
He added that there is no restriction on providing a second list and that the ECP could have issued a second schedule, as it did for the general elections.
“As per the law, those who participate in elections will get seats,” Justice Anwar remarked.
The court then questioned Barrister Zafar if it wasn’t clearly stated anywhere that the second schedule could not be issued.
“The law does not prevent the Election Commission from issuing another schedule,” Barrister Zafar responded.
Justice Arshad remarked that Section 104 explains the mechanism for reserved seats as it states that when a list is submitted then another list can be given.
“Section 104 says that if a political party participates in an election, it will give a list,” the lawyer argued.
A day earlier, Attorney-General for Pakistan Mansoor Usman Awan and the counsels for the PPP and ECP had completed their arguments before the PHC.
Earlier this month, in a 4-1 verdict earlier this month, the Elections Commission ruled that the SIC was not entitled to claim quota for reserved seats “due to having non-curable legal defects and violation of a mandatory provision of submission of party list for reserved seats which is the requirement of law”.
