A political party can get as many reserved seats as it creates, the Supreme Court
Islamabad: The Supreme Court rejected the plea to constitute a larger bench in the case of reserved seats.
A three-member bench of the Supreme Court heard the appeal of the Sunni Ittehad Council regarding the reserved seats.
Both the federal government and the women MLAs requested for the formation of a larger bench.
The federal government also objected to the three-member bench. Additional Attorney General Aamir Rehman pleaded that only a larger bench can hear the appeals.
Justice Mansoor Ali Shah said that now a decision has to be taken on whether the appeals are admissible.
The counsel for the women MLAs argued that this is a case of interpretation of Article 51 of the Constitution, under the Practice and Procedure Act, the case can be heard by a five-member bench.
The court rejected the objection on the bench.
Can allocated reserved seats be re-allocated?
Justice Mansoor Ali Shah remarked that where it is written in the law that the remaining seats will be distributed to the same political parties again, we have to protect the public mandate, the real problem is the public mandate, what is the constitutional principle of the distribution of specific seats? A technicality can be eliminated, if a political party does not submit a list for certain seats, the Constitution can be ignored?
Justice Mansoor said that no political party is relevant for us, the important thing is whether the political party is represented in the parliament or not, according to you, 23 reserved seats are created out of 82 seats, the important question is that the allocated reserved seats can be redistributed. Yes, can these 23 reserved seats be redistributed, it is in the constitution and law? If the allotted seats cannot be re-allotted, will they remain vacant?
A major political party was deprived of the electoral symbol
Justice Athar said that a political party can get as many reserved seats as the proportion of the seats won, a major political party was deprived of an electoral symbol, where is it written in the law that it is not given an electoral symbol? But that political party cannot contest elections? PTI is a registered political party.
PTI lawyer Salman Akram Raja replied that yes, I went to the court with this question before the election.
The Supreme Court summoned the Election Commission officials and directed that the Election Commission officials come immediately with the records and ask some questions.
It should be noted that the Election Commission had decided not to give special privileges to the Sunni Ittehad Council. The Peshawar High Court also upheld the decision of the Election Commission. Sunni Unity Council filed appeals against the decision of the Election Commission.
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