The supreme court of pakistan on friday declared imran khan,s pakistan tehreek-e' insaf (PTI) eligible for seats reserved for women and minorities, dealing a major setback to prime minster Shehbaz sharif,s ruling coalition the verdict announced by a 13 member bench headed by a chief justice of pakistan (CJP) Qazi Feaz Isa. And was live streamed on the court,s
A day ago, the court had reserved its decision on the matter after closing the hearing on a set of appeals moved by the Sunni Ittehad Council (SIC) against the denial of reserved seats for women and non-Muslims to it by the muslim to it by the peshawar high court (pHC) and the election commission of pakistan (ECP).
PTI-backed candidates, who had contested and won the February 8 elections as independents after their party stripped of its election sumbol had joined the SIC to from a coalition of convenience
The top court on Friday annulled the decision of the PHC while also declaring the decision of the election regulator null and void, terming it against the Constitution of Pakistan
the order of the election commission of pakistan,dated of the 1st march 2024 is declared to be to ultra vires to (beyond) the power,s of the constitution without , lawful authority and of no legal effect,” the order of the verdict, a copy of which is available with Dawn.com, read.
The notification of various dates whereby the persons respectively mentioned therein, being the persons identified in the commission’s
notification. dated 13th of may. 2024 have been declared to be returned candidates for reserved seats for women and minorities in the national and provincial assemblies, are declared to be ultra vires to the Constitution, without lawful authority and of no legal effect, and are quashed from 6th of May 2024 onwards being the date an interim order was made by court in CPLA no.. 13289 of 2024, the leave petitions out of which the instant appeals arise.”
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The verdict also declared that “the lack or denial of an election symbol does not in any manner affect the constitutional and legal rights of a political party to participate in an election (whether general or by) and to field candidates and the Commission is under a constitutional duty to act, and construe and apply all statutory provisions, accordingly.”
The verdict further declared that for purposes and within the meaning of paragraphs (d) and (e) of clause (6) of Article 51 (‘Article 51 Provisions’) and paragraph (c) of clause (3) of Article 106 (‘Article 106 Provisions’) of the Constitution, the Pakistan Tehreek e Insaf (‘PTI’) was and is a political party, which secured or won (the two terms being interchangeable) general seats in the national and provincial assemblies in the general elections of 2024”.
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