12/07/2024
The Supreme Court of Pakistan's recent judgment addresses the allocation of reserved seats for women and minorities in the National and Provincial Assemblies. The Court has set aside the judgment of the High Court and declared the Election Commission of Pakistan's (ECP) order of March 1, 2024, as unconstitutional and without legal authority. Key points of the judgment include:
1)Invalidation of ECP Orders:
The notifications declaring candidates for reserved seats as per the ECP's previous decisions are quashed, and the ECP is directed to re-evaluate these allocations within seven days.
2)High Court Judgment Partially Set Aside:
The impugned judgment from March 25, 2024, by the High Court was set aside to the extent it conflicted with this Supreme Court order.
3)Reserved Seats Reevaluation:
The ECP is directed to reassess the allocation of reserved seats for women and non-Muslims within seven days, ensuring compliance with the constitutional provisions and hearing the concerned parties.
4)Political Party Rights:
The judgment affirms that the denial of an election symbol does not affect a political party's rights to participate in elections and field candidates.
5)Filling Reserved Seats:
All reserved seats must be filled according to the constitutional mandate.
6)Effective Date:
The new rules and guidelines set forth in the judgment will be effective immediately.
Judges' Opinions:
In Favor:
Syed Mansoor Ali Shah, Munib Akhtar, Muhammad Ali Mazhar, Ayesha A. Malik, Athar Minallah, Syed Hasan Azhar Rizvi, Shahid Waheed, Irfan Saadat Khan.
Not in Favor:
Yahya Afridi, Amin-ud-Din Khan, Naeem Akhtar Afghan
