In a comprehensive decision regarding the allocation of reserved seats, the High Court in Peshawar has ruled that a political party failing to secure any seats in the election is ineligible for reserved seats.
Justice SM Atiq Shah authored the 30-page verdict, following a brief judgment delivered by a larger bench of the Peshawar High Court on March 14.
The court’s detailed decision pertains to a petition concerning the Sunni Ittehad Council’s allocation of specific seats. It underscores the High Court’s jurisdiction over cases concerning reserved seats within the province, affirming the Election Commission’s authority to allocate such seats to other political parties as per Article 51 of the Constitution. Notably, the court rejected the Sunni Ittehad Council’s claim for a reserved seat for women, citing procedural shortcomings and the party’s failure to timely submit a list for consideration.
Furthermore, the judgment emphasizes that the submission of lists for specific seats must adhere to prescribed timelines, with any delay resulting in rejection, as witnessed in the Sunni Ittehad Council’s case. The court firmly upheld that reserved seats cannot be granted to parties failing to secure any seats in the general election, reiterating the principle that such seats are rightfully earned through electoral participation.
Additionally, the court dismissed the argument put forth by the Pakistan Tehreek-e-Insaf (PTI) that reserved seats should not be allocated to other parties, deeming it unconstitutional. It affirmed the Election Commission’s constitutional mandate in distributing specific seats and highlighted the Sunni Ittehad Council’s failure to submit timely lists as grounds for ineligibility.
Ultimately, the detailed judgment underscores the imperative of filling provincial and national assembly seats without vacancy, emphasizing adherence to constitutional procedures in seat allocation.