CJP Isa Asks Registrar to Explain Reserved Seats Verdict Implementation

Isa Asks why were said applications not fixed before committee formed under Practice Act, 2023

Islamabad-(Mudassar Iqbal)_Chief Justice of Pakistan Umar Ata Bandial has directed the Supreme Court registrar to provide clarification on the apex court’s September 14 order regarding the Election Commission of Pakistan’s (ECP) petition. The ECP sought clarification on the court’s July 12 decision that awarded additional parliamentary seats to Imran Khan’s party.

An eight-member Supreme Court bench dismissed the ECP’s petition, labeling it a “delaying tactic.” The court warned that the electoral authority’s failure to comply with its order may have consequences .

This development occurred as the ruling coalition maneuvered for numbers ahead of the crucial vote on the constitutional amendment bill. The proposed legislation aimed to increase the retirement age by three years and introduce other significant changes .

On September 17, the deputy registrar submitted a note to the Supreme Court registrar regarding the “clarification issued by eight judges” on the ECP’s miscellaneous request. The letter highlighted discrepancies in the process, including :

– Lack of notice: No notices were issued to relevant parties or the Attorney-General for Pakistan.
– Unpublished clarification: The clarification was published on the Supreme Court’s website but not received by the Registrar’s Office until 8 pm.
– Unclear hearing process: The applications were heard without a cause list or notification.

Chief Justice Qazi Faez Isa posed critical questions regarding the order, including :

– Application filing date: When were the applications filed?
– Committee constitution: Why were the applications not referred to the committee under the Practice and Procedure Act, 2023?
– Hearing process: How were the applications fixed for hearing without a cause list?
– Notice issuance: Were notices issued to parties and the Attorney-General?
– Upload authorization: Who directed the uploading of the order on the Supreme Court’s website?

The Supreme Court’s registrar is expected to provide clarification on these concerns, shedding light on the court’s decision-making process and potential implications for Pakistan’s electoral landscape.

While,

The Pakistan Tehreek-e-Insaf (PTI) on Saturday moved the Supreme Court seeking clarification on the letters written by National Assembly Speaker Ayaz Sadiq and Punjab Assembly’s custodian Malik Muhammad Ahmad Khan to the Election Commission of Pakistan (ECP) on the matter of reserved seats.

The plea, filed by PTI Chairman Barrister Gohar Ali Khan via lawyer Uzair Karamat Bhandari, seeks the top court’s clarification that “the Elections (Second Amendment) Act, 2024 had no bearing or effect on the binding nature of the short order dated 12 July 2024 and the implementation thereof cannot be refused on the basis of the said statute.”

The petition comes after NA Speaker Sadiq wrote to the ECP terming the SC ruling, which had declared the PTI eligible for reserved seats, “incapable of implementation” after the amendments to the Election Act 2017 — a similar letter was also written to the ECP by the Punjab Assembly’s speaker as well.

The incumbent ruling coalition, following the ruling, had bulldozed the Elections (Second Amendment) Act, 2024 in both house of parliament on August 6 and the legislation came into force with President Asif Ali Zardari’s assent on August 9.

In his letter to the electoral body, the speaker underscored two “particular provisions” — amendments to Section 66 and Section 104-A, which he said, were relevant for the Election Commission’s consideration.

In its amendment to Section 66 of the Elections Act, the bill says that if a candidate does not submit a declaration of his affiliation with a political party to the returning officer (RO) before seeking allotment of the election symbol, they shall be “deemed to be considered as an independent candidate and not a candidate of any political party”.

Meanwhile, the amendment to Section 104 reads that the declaration, consent or affidavit, by whatever name called, of an independent returned candidate once given for joining a political party shall be irrevocable and cannot be substituted or withdrawn.

Furthermore, the letter pointed out Section 1 (2) of the Amended Election Act, which states that the said amendments will have a retrospective effect from 2017 when the Election Act 2017 was passed.

In the petition filed today, the Imran Khan-founded party refered to the clarification order issued by eight SC judges in response to the ECP’s plea seeking guidance regarding the July 12 short order which had termed the returned candidates as belonging to the PTI.

Stressing that the SC order cannot be undone via ordinary legislation, the former ruling party’s plea argues: ” [The] NA speaker’s Letter and the PA speaker’s letter do not set out the correct Constitutional and legal position, have no legal effect on the short order dated 12 July, 2024, and are liable to be ignored by the ECP”.

“[The] ECP is bound to implement the short order […] in letter and spirit,” the petition says, while calling for the electoral body to be “restrained from allocating the subject reserved seats to any other party” till the matter is decided.

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