In the hearing regarding the reserved seat case in Peshawar, the High Court expressed concerns that the spoils appeared to have been divided.
The session, led by a 5-member bench headed by Justice Ishtiaq Ibrahim and including Justices Ijaz Anwar, SM Atiq Shah, Shakeel Ahmed, and Syed Arshad Ali, addressed a petition filed by the Sunni Unity Council.
Present during the hearing were representatives including the Attorney General, Advocate General, Election Commission counsel, petitioner counsel, and lawyers from various parties including Nir Bukhari, Faisal Karim Kundi, and H. Farooq Naik from the People’s Party.
During the proceedings, petitioner Qazi Anwar Advocate argued that a previous decision by the Peshawar High Court regarding election symbols was overturned by the Supreme Court. Consequently, the symbol was withdrawn, and all PTI candidates were considered independent. However, Justice Ishtiaq Ibrahim pointed out the success of a candidate affiliated with the Sunni Ittehad Council, emphasizing the importance of understanding constitutional provisions for reserved seats.
The Attorney General highlighted Article 63(1) Clause 1, stating that winning parties can form a parliamentary group to which independent members may join. The court debated whether independent candidates could claim specific seats, emphasizing the importance of timely submission of lists.
Subsequently, the Election Commission counsel supported the Attorney General’s arguments, emphasizing the necessity of a party’s representation in Parliament to claim reserved seats. The court deliberated on the implications of Section 104 of the Election Act and questioned whether it conflicted with the constitution.
Various party representatives presented their arguments, including PPP’s Farooq H. Naik and PML-N’s Barrister Haris Azmat, each emphasizing different legal aspects of the case. JUI’s lawyer, Kamran Murtaza, argued that failing to submit a list implied forfeiting specific seats.
In conclusion, the court grappled with legal interpretations surrounding the allocation of reserved seats, considering both constitutional provisions and electoral laws in their deliberations.
