Pakistan Muslim League (N) through President, Khyber Pakhtunkhwa vs The Election Commission of Pakistan S

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Pakistan Muslim League (N) through President, Khyber Pakhtunkhwa VS The Election Commission of Pakistan S.98 --- Election Rules, 2017, R.92(6) --- Constitution of Pakistan, Art.106, proviso---Allocation of reserved seats --- Cut-off date, effect and significance of --- Determination of party strength ---Scope --- Independent candidate joining political party within three days of notification---Election Commission of Pakistan (ECP) allocating reserved seats for women and non-Muslims, challenge to --- Legality --- Brief facts of the matter were that in General Elections 2024 the ECP issued notifications under S.98 of the Elections Act, 2017 declaring returned candidates for the Khyber Pakhtunkhwa Provincial Assembly between 13.02.2024 and 22.02.2024; certain independents were notified as returned candidates and joined PML(N) party within the prescribed three-day period; the ECP then allocated reserved seats for women and non-Muslims through notifications which PML(N) challenged, mainly disputing the ECP's cut-off date used to determine party strength for reserved seats --- Central question for determination was as to "whether the cut-off date fixed by the ECP i.e. 22.02.2024 as the benchmark for determining the total number of general seats won by a political party for the purposes of allocation and election to reserved seats was legally sustainable"--- Held: In terms of proviso to Article 106 of the Constitution read with R.92 of the Election Rules, 2017, the independent candidate had a constitutional and legal right to join a political party within three days of such notification and he had duly exercised his right and joined PML(N) within the stipulated period --- Nowhere in the Constitution did it stipulate that the process of allocation of reserved seats must be concluded prior to the convening of the Assembly --- Thus, the selection of 22.02.2024 as a determinative cut-off date appeared to be arbitrary and not rooted in any express constitutional or statutory mandate --- By the time ECP proceeded to allocate reserved seats for women and non-Muslims on 04.03.2024, PML(N) had a total of seven general seats to its credit --- In the present case, the independent candidate was notified as a return candidate on 22.02.2024 and on the same day, ECP proceeded with a partial allocation of reserved seats for women, wherein five seats were distributed among political parties --- Independent candidate joined PML(N) within mandated three days --- Undue haste exhibited by ECP in proceeding with allocation of reserved seats prior to final notification of all returned candidates raised serious concerns --- Prescribing an arbitrary cut-off date prior to the completion of this constitutionally recognized process was not grounded in any statutory provision or principle of law --- Cut-off date provided by ECP as 22.02.2024 for election/allocation of reserved sears for woman and non-Muslims was illegal --- Present Constitutional petition was partly allowed, in circumstances.

Pakistan Muslim League (N) through President, Khyber Pakhtunkhwa vs The Election Commission of Pakistan S — 2026 MLD 688 PESHAWAR-HIGH-COURT

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