ISLAMABAD: The Supreme Court rebuked the Election Commission of Pakistan (ECP) on Saturday for employing “dilatory tactics” in executing its July 12 verdict that declared Pakistan Tehreek-e-Insaf (PTI) eligible for reserved seats. The court warned of serious consequences if the ECP failed to fulfill its “legally binding obligation.”
The apex court stated that the ECP’s request for clarification appeared to be a “contrived device” to delay compliance. Despite notifying 39 out of 80 PTI Members of the National Assembly (MNAs), the ECP sought further constitutional guidance from the court regarding the remaining lawmakers. The ECP questioned the authority of Barrister Gohar Ali Khan, who had been acting on behalf of the party.
The court dismissed the ECP’s concerns, stating that the commission had already acknowledged both the party and its chairman. It emphasized the well-established de facto doctrine, which protects the acts of an officeholder even if there is a question of their official status. The court criticized the ECP for its contradictory stance, arguing that the body could not selectively decide its position to suit immediate needs.
The ECP further argued that PTI lacked an organizational structure, failing to conduct intra-party elections as mandated by the Election Act 2017. In response, the Supreme Court asserted that PTI remained an enlisted political party, a status that was recognized by the majority of judges, including the minority justices—Chief Justice Qazi Faez Isa, Justice Yahya Afridi, and Justice Jamal Khan Mandokhail. The court highlighted the validity of the party certificates issued by Barrister Gohar Ali Khan and cautioned the ECP that refusal to recognize these certifications could invite legal action.
The court clarified that the ECP’s failure to issue the list of returned candidates, a “ministerial act” with no substantive effect, could have serious repercussions. It reiterated that the ECP must fulfill its legal obligation immediately.
Background: The Reserved Seats Controversy
On July 12, the Supreme Court’s 13-member bench ruled in favor of PTI’s eligibility for reserved seats in the national and provincial assemblies. The decision overturned a Peshawar High Court (PHC) ruling that had upheld the ECP’s decision to deny reserved seats to the Sunni Ittehad Council (SIC). The court recognized 39 of the 80 SIC lawmakers as PTI members and allowed the remaining 41 to join PTI within 15 days.
Despite this ruling, the ECP raised concerns over the status of 41 candidates who did not mention PTI in their nomination papers. As the Supreme Court has directed immediate compliance, the fate of these remaining candidates is yet to be decided.
