SUNNI ITTEHAD COUNCIL vs ELECTION COMMISSION OF PAKISTAN arts — 2025 PLD 67 SUPREME-COURT

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SUNNI ITTEHAD COUNCIL VS ELECTION COMMISSION OF PAKISTAN arts. 51(6)(d), 51(6)(e) & 106(3)(c)---Elections act (XXXIII of 2017), Ss. 66, 67, 104 & 215(5)---Seats reserved for women and non-Muslims in the National assembly and the Provincial assemblies, allocation of---Eligible political parties---Pakistan Tehreek-e-Insaf ("PTI") [a political party] denied its election symbol by the Election Commission of Pakistan for failing to conduct its intra-party election---Whether Sunni Ittehad Council ("SIC") [a political party] which was joined by 80 independent returned candidates, who were backed by PTI, was eligible for the allocation of reserved seats---Whether Pakistan Tehreek-e-Insaf ("PTI") was eligible for the allocation of reserved seats---Held, that Sunni Ittehad Council ("SIC") did not contest the General Elections of the year 2024, but demands allocation of reserved seats on account of inclusion of independent parliamentarians in it---SIC 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---Impugned judgment and the order dated 1 March 2024 of the Election Commission of Pakistan ("ECP") to such extent is upheld---Non-allocation of symbol to a political party, in no way prevents a candidate from filing a declaration about his affiliation with that political party, nor does it prevent such political party from nominating a candidate to contest an election---Impugned judgment of the High Court and the order of the ECP to the extent of the proportional representation distribution of seats amongst the political parties which won and secured seats is also maintained, however, since the ECPcalculated and allocated the seats to the parties by the exclusion of the Pakistan Tehreek-e-Insaf ("PTI") candidates, therefore, to such extent, the impugned judgment of the High Court and the order of the ECP are set aside---a number of candidates had submitted their nomination papers declaring on oath that they belonged to PTI supported by an affiliation certificate of the said party, though some did not submit affiliation certificates of PTI, however, since they stated on oath that they belonged to PTI, and did not contradict themselves, they should be considered to be members of PTI in the National and the Provincial assemblies---ECP by misinterpreting a judgment of the Supreme Court dated 13 January 2024, which was regarding non-holding intra-party elections in PTI, wrongly mentioned the said candidates of the PTI as independents in Form 33 of the Election Rules---ECP had no authority to declare validly nominated candidates of a political party to be independent candidates---Similarly, a candidate who once declares himself/herself as a candidate of a political party, can not subsequently resile from his/her candidature of a particular party, after the last date of withdrawal of the nomination papers---Neither the PTI nor any candidate affiliated with PTI approached either the Supreme Court before or during the hearing of these proceedings, or the High Court to challenge the decision of the ECP, declaring them as independents---However, in view of the fact that the appeal and the petition are a continuation of election proceedings before the ECP, the Supreme Court can look into the vires of the decision of the ECP in the light of the provisions of article 51(1)(d) and (e) of the Constitution read with sections 66, 67 and 104 of the Elections act, 2017 to safeguard the interest of women and non-Muslims---as a consequence whereof, the candidates who had submitted their nomination papers declaring that they belonged to PTI and had not filed a document showing affiliation with another political party before the last date of withdrawal of the nomination papers, should have been treated as the Parliamentary Party of PTI, but the needful was not done by the ECP---Consequently, the PTI as a Parliamentary Party is entitled to the reserved seats---ECP should recalculate and reallocate the reserved seats amongst the political parties, including the PTI, as provided by article 51(6)(d) and (e) of the Constitution---Candidates who had submitted their nomination papers by 24 December 2023, which was the last date of submission of nomination papers, and had declared them selves either as independent candidates or had left blank the relevant column in the nomination papers/declaration and were elected shall be considered to be independents---all those who joined the SIC are presumed to have done so out of their own free will---None of them claimed to have joined SIC because of any misunderstanding of any judgment, the law, compulsion, coercion or undue influence and it is not for the Supreme Court to presume otherwise---They are now members of SIC---Neither the Constitution nor the Elections act, 2017 permits the Supreme Court to issue direction or provide an opportunity or additional avenue to them to join another political party and that too, within a period of fifteen days.

SUNNI ITTEHAD COUNCIL vs ELECTION COMMISSION OF PAKISTAN arts — 2025 PLD 67 SUPREME-COURT

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