SUNNI ITTEHAD COUNCIL vs FEDERATION OF PAKISTAN Ss — 2024 PLD 89 PESHAWAR-HIGH-COURT

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SUNNI ITTEHAD COUNCIL VS FEDERATION OF PAKISTAN Ss. 4 & 104---Election Rules, 2017, Rr. 92 & 94---Constitution of Pakistan, Arts. 51(6)(d), 199 & 224---Constitutional petition---Reserved seat, allocation of---Entitlement---Petitioner was a political party which did not participate in General Elections---Independent returned candidates, backed by another political party which was not allowed to participate in elections by Election Commission of Pakistan, joined the petitioner party---Petitioner party claimed its right to allocation of reserved seats---Validity---Reserved seats for women and non-Muslims under the mandate of Art. 51(6)(d) of the Constitution, were to be allocated amongst the political parties present in National Assembly---Procedure for allocation of such seats has been provided under S. 104 of Elections Act, 2017 and mechanism for its allocation under Rr. 92 & 94 of Election Rules, 2017 respectively---Election Commission was a Constitutional body invested with mandate to conduct elections to Assemblies and to ensure the same was conduced in accordance with the letter of Constitution---It has the jurisdiction under S. 4 of Elections Act, 2017, to issue directions or orders as were necessary for the performance of its functions and duties, including order for doing complete justice in any matter pending before it---Order of Election Commission of allocating/distributing reserved seats for women and non-Muslims amongst the political parties that were present in Assembly by securing seats through contest was held to be in accordance with the letter of Art. 51 of the Constitution---Petitioner party was not entitled for any share in reserved seats for women, therefore, request for filing list of candidates for reserved seats at a belated stage did not arise---Petitioner party assailed interpretation of S. 104 of Elections Act, 2017 done by Election Commission of Pakistan which was not a substantive provision rather it merely provided a mechanism for effective conduct of election---High Court declined to interfere in allocation of reserved seats---Constitutional petition was dismissed in circumstances.

SUNNI ITTEHAD COUNCIL vs FEDERATION OF PAKISTAN Ss — 2024 PLD 89 PESHAWAR-HIGH-COURT

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