SC Two Judges Issues Dissenting Note, Holds PTI Not Eligible For Reserved Seats

Justices Amin-u-Din Khan and Naeem Akhtar rules that PTI could not be granted relief as it was neither before the court nor did it attempt to join the case before the Election Commission of Pakistan (ECP)

ISLAMABAD: (UrduPoint/UrduPoint / Pakistan Point News-August 3^rd, 2024) The Supreme Court two judges on Saturday issued a dissenting note challenging the majority ruling on reserved seats, declaring that the Pakistan Tehreek-e-Insaf (PTI) is not eligible for these seats.

Justices Amin-Ud-Din Khan and Naeem Akhtar Afghan released their 29-page dissent on July 12, following a majority judgment delivered by the court's full bench, led by Chief Justice Qazi Faez Isa.

The dissenting judges ruled that PTI could not be granted relief as it was neither before the court nor did it attempt to join the case before the Election Commission of Pakistan (ECP).

The contrasts with the majority decision, which, by an 8:5 vote, granted PTI eligibility for reserved seats for women and minorities, overturning prior rulings from the Peshawar High Court (PHC) and the ECP.

The dissent noted that PTI did not participate as a political party in the February 8 elections but rather as an independent entity, with its chairman running as an independent candidate. The judges contended that granting relief to PTI would require the court to exceed its jurisdiction under Articles 175 and 185 of the Constitution and suspend several constitutional articles and sections of the Elections Act, 2017.

The dissenting note also raised concerns about the delay in releasing the detailed verdict, which could impact the review petition filed against the court's decision.

It outlined the judges' disagreement with the majority opinion and their assessment of the case's merits.

The dissenting judges pointed out that the inclusion of independent candidates in PTI was not disputed within the allowed timeframe, and no other parties contested their addition.

Regarding the allocation of reserved seats to PTI, the dissent noted that while some members of the bench had repeatedly suggested this possibility, none of the counsels agreed to it.

The Supreme Court’s July 12 ruling was a major legal victory for PTI, overturning the PHC's judgment and declaring the ECP's March 1 order unconstitutional. This ruling enabled PTI to claim reserved seats, affecting the composition of the National Assembly and intensifying pressure on the ruling coalition.

Following this decision, the ECP began partial implementation by recognizing 39 of 80 National Assembly Members as PTI representatives and acknowledging 93 lawmakers in Punjab, Khyber Pakhtunkhwa, and Sindh as PTI-affiliated. The commission has sought further guidance from the Supreme Court to fully implement the ruling and resolve issues related to confirming the affiliation of remaining PTI lawmakers.