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Reserved Seats Case: ECP will have to obey the SCP’s 12th July order

ISLAMABAD: SCP, in its second clarification on Friday (18th October, 2024) apropos reserved seats, made it clear that changes to the election laws could not undo its 12th July verdict in the reserved seats case which ECP will have to obey.

It may be recalled that on 12th July, SCP’s 13-judge full bench had proclaimed that the opposition PTI was eligible to receive reserved seats for women and non-Muslims in the national and provincial assemblies.

SCP had released a 70-page detailed verdict (penned by Justice Mansoor Ali Shah) on its 12th July Order apropos reserved seats case, here on 23rd September, 2024.

Eight judges in the majority judgement said: … surprised us during the proceedings of these appeals are the way the Commission participated in and contested the matter before us as a primary contesting party against SIC and PTI.

SCP, maintaining that PTI was a political party and eligible for the reserved seats, said when ECP makes mistakes impacting electoral process, judicial intervention becomes necessary.

Observing that unlawful acts of ECP, ROs caused prejudice to PTI, SCP held that by denying PTI recognition Commission was infringing upon the rights of the electorate.

SCP also annulled a previous ruling by the PHC, affirming that the reserved seats should be allocated to PTI.

Holding, while ECP had failed to perform its role as guarantor institution of democratic processes, SCP noted that the dissenting notes (by Justice Aminuddin Khan and Justice Naeem Akhtar Afghan) fell short of courtesy, restraint required of superior court judges.