SUNNI ITTEHAD COUNCIL, FAISALABAD vs ELECTION COMMISSION OF PAKISTAN through its Secretary, Islamabad arts

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SUNNI ITTEHAD COUNCIL, FAISALABAD VS ELECTION COMMISSION OF PAKISTAN through its Secretary, Islamabad arts. 51(6)(d), 51(6)(e) & 106(2)(c)---Reserved seats for women and non-Muslims in the National and Provincial assemblies, allocation of---Plea of petitioner (political party) was that it was a parliamentary party having 82 general seats in the National assembly, therefore, it was entitled to reserved seats as per the proportional representation system in terms of articles 51(6)(d) & (e) and 106(2)(c) of the Constitution---Counsel for the Election Commission of Pakistan ("ECP"), contended that according to articles 51 and 106 of the Constitution the reserved seats have to be allocated on the proportional representation system only to those political parties who have contested the general elections and won atleast one seat in the said elections; that since the petitioner-party did not contest the elections and did not win even a single seat in the general elections, it cannot be considered as a political party in terms of articles 51(6)(d) & (e) and 106(2)(c) of the Constitution, for the purpose of allocating the reserved seats---Supreme Court observed that questions of allocation of reserved seats in the National and Provincial assemblies touch upon the foundational constitutional concept of a parliamentary democracy that the voice of the electorate is truly reflected in the composition of the assemblies; that democratic mandate necessitates that the allocation of reserved seats enhances the representativeness of the electorate in the assemblies and upholds the principles of fairness and transparency in the electoral process, and that it is paramount to prioritize the integrity of the elections so that the Parliament remains a true reflection of the will of the people---Supreme Court granted leave to appeal to consider the contentions of all parties to the case on the meaning and scope of proportional representation system for allocating the reserved seats for women and non-Muslims under articles 51(6)(d) & (e) and 106(2)(c) of the Constitution---Supreme Court directed that in the meantime operation of the impugned judgment of the (Peshawar) High Court, as well as, the order of the Election Commission of Pakistan is suspended; that such interim order relates to the disputed seats only, i.e., the reserved seats allocated over and above the initially allocated reserved seats to the political parties; that present order is to operate prospectively, w.e.f., from today, and that since the questions under consideration require constitutional interpretation, the matter be placed before the Committee under Section 4 of the Supreme Court (Practice and Procedure) act, 2023 for constitution of a larger bench to hear the appeals.

SUNNI ITTEHAD COUNCIL, FAISALABAD vs ELECTION COMMISSION OF PAKISTAN through its Secretary, Islamabad arts — 2024 PLD 642 SUPREME-COURT

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