Reserved seats case: Dissenting notes of SC judges revealed

ISLAMABAD: Two Supreme Court (SC) judges, part of a 13-member bench, have written dissenting notes in verdict on Sunni Ittehad Council’s (SIC) appeal as the top court declared Imran Khan-founded PTI eligible for seats reserved for women and minorities, ARY News reported on Friday.

A 13-member bench of the top court, headed by Chief Justice Qazi Faez Isa, ruled that the PTI is eligible for the allocation of reserved seats, dealing a major setback to Prime Minister Shehbaz Sharif’s ruling coalition.

Justice Mansoor Ali Shah announced the 8-5 majority verdict, setting aside the Peshawar High Court’s (PHC) order wherein it had upheld the Election Commission of Pakistan’s (ECP) decision denying the reserved seats to the SIC.

Chief Justice of Pakistan (CJP) Qazi Faez Isa, Justice Jamal Mandokhail, Justice Naeem Afghan, Justice Yahya Afridi, and Justice Ameenuddin Khan opposed the majority decision.

Justice Yahya Afridi

In his dissenting note, Justice Yahya Afridi said that candidates who provided certificates of PTI affiliation should be declared PTI candidates and allocated reserved seats proportionally.

“Sunni Ittehad Council does not fulfil the conditions prescribed for a political party under the enabling provisions of the Constitution of Pakistan and the law to be allowed/allocated reserved seats for women and non-Muslims in the National Assembly or the Provincial Assemblies”, it stated.

However, it noted, PTI fulfils the conditions prescribed for a political party under the enabling provisions of the Constitution and the law.

“Accordingly, the Election Commission of Pakistan is directed to decide the allocation of reserved seats for women and non-Muslims to political parties in the National Assembly and the Provincial Assemblies in the light of the determinations made hereinabove after providing an opportunity of hearing to the parties concerned, and if required revisit its earlier decisions on the matter,” it concluded.

Justice Jamal Khan Mandokhail

Meanwhile, Justice Jamal Khan Mandokhail and CJP Qazi Faez Isa co-authored a dissenting note which was also supported by Justice Naeem Afghan.

CJP Isa and Justice Jamal Mandokhail noted that the SIC did not win any seats nor submit a list for reserved seats and emphasized the constitutional concept of proportional representation.

“SIC, which demands allocation of reserved seats on account of inclusion of independent parliamentarians in it, did not secure a single seat in the National Assembly or any of the Provincial Assemblies nor submitted a list of its candidates for seats reserved for women and non-Muslims. Thus, it is not entitled to any of the reserved seats in the National Assembly and in the Provincial Assemblies. The impugned judgment and the order dated 1 March 2024 of the Election Commission of Pakistan (“ECP”) to such extent is upheld,” it noted.

According to the note, the reserved seats for women and non-Muslims shall be elected in accordance with the law through proportional representation system of political parties’ list of candidates on the basis of total number of general seats secured by each political party from the Province concerned in the National Assembly and the Provincial Assemblies, as provided by Article 51(6) (d) and (e) of the Constitution.