ISLAMABAD: Pakistan’s election regulator has yet to decide about the allocation of reserved seats to jailed former prime minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party, ana election official said on Tuesday, despite the issuance of a detailed judgment by the Supreme Court on the subject.
The Supreme Court on July 12 declared Khan’s PTI party eligible for allocation of reserved parliamentary seats, months after the Election Commission of Pakistan (ECP) forced the PTI candidates to contest the February 8 national election as independents. The ECP took the decision after the PTI lost its election symbol in the wake of a prolonged legal battle for not holding proper intra-party polls. Subsequently, the election body refused reserved seats to the PTI on technical grounds, saying they were only meant for political parties and not for independent candidates.
The Supreme Court overturned the ECP’s decision and said it had misconstrued an earlier verdict relating to election symbols by depriving the PTI of reserved seats. Instead of giving the seats to the party, however, the election body filed a petition to seek guidance on the matter and questioned the validity of the party’s organizational structure under the circumstances. The detailed judgment by the Supreme Court clarified that a party’s constitutional right to participate in elections was not impacted by the absence of an electoral symbol.
“The ECP held a sixth meeting at its headquarters in Islamabad on Tuesday to discuss the matter that remained inconclusive,” an ECP official told Arab News on condition of anonymity as he was not authorized to speak to media. “The ECP will have another meeting tomorrow [Wednesday] to reach a conclusion over the allocation of the reserved seats.”
The official said the ECP was consulting its legal team on the detailed judgment of the Supreme Court and the Elections Act that the ruling coalition, led by Prime Minister Shehbaz Sharif, amended to bar independent lawmakers from joining a political party after a stipulated period. The National Assembly speaker and the Punjab Assembly have written separate letters to the ECP urging it to follow the parliamentary law over the Supreme Court ruling on the reserved seats.
“It is a complex issue and that’s why the election commission is taking into consideration all possible aspects of the constitution, laws and the court ruling before deciding on the matter,” the official said.
Legal experts have urged the election regulator to “side with the constitution” instead of the ruling coalition and implement the Supreme Court’s majority verdict that ordered allocation of reserved seats to the PTI in the National Assembly and all four provincial assemblies.
Justice (retired) Nasira Iqbal said the election regulator should have implemented the court’s short order shortly after it was announced on July 12 to avert speculations and conspiracies on the matter.
“The election commission is setting dangerous precedents by trying to frustrate the Supreme Court rulings through different delaying tactics,” she told Arab News. “The election commission should side with the constitution instead of trying to become a party in this matter.”
“The ruling coalition has taken a position over the constitutional matter and they want the fulfilment of their desire by getting the reserved seats,” Amanullah Kanrani, former president of the Supreme Court Bar Association, told Arab News.
He urged the ECP to follow the constitution and allocate the reserved seats to the PTI as per the court ruling. “We expect the ECP to act independently and follow the constitution to avert a new crisis,” Kanrani added.
Speaking about possible consequences for the ECP if it failed to implement the majority judgment, Kanrani said the top court bench could initiate contempt proceedings against the chief election commissioner and other members.