Reserved seats case: PHC hears Sunni Ittehad Council’s plea

PESHAWAR: A five-member bench of the Peshawar High Court (PHC) is pondering the intricacies of the Election Commission Act took center stage as legal experts and justices deliberated on the ramifications of unsubmitted specific seat lists by political parties.

The proceedings commenced with discussions regarding the Election Commission of Pakistan (ECP) Act’s stipulations on the compilation and submission of lists for specific parliamentary seats. According to the Attorney General, while the compilation of such lists is mandatory for all political parties, the Act doesn’t explicitly address the consequences of failing to submit them.

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Key points raised during the hearing included the significance of these specific seats for voters, with the Attorney General emphasising that voters often base their decisions on these lists. However, concerns were voiced over the lack of clarity within the law regarding penalties for non-compliance.

The case brought before the court pertained specifically to the Sunni Ittehad Council’s failure to submit their list of specific seats. Despite being registered with the Election Commission, the council’s status as a parliamentary party remained contested due to its lack of won seats.

Advocates representing the ECP argued that the Sunni Ittehad Council’s omission of the list hindered their eligibility for specific seats, as outlined in Section 51D of the Act. Furthermore, they highlighted the requirement for parties to secure at least one general seat to be considered for reserved seats.

The debate extended to whether legislative intervention was necessary to address such scenarios, prompting considerations about potential amendments to the law.

At the commencement of today’s session, Attorney General Mansoor Usman Awan emphasised that the Sunni Ittehad Council (SIC) abstained from participating in the elections, reiterating that reserved seats are exclusively designated for parliamentary parties.

He reiterated that the SIC failed to furnish any list for the allocation of reserved seats.

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In the midst of the hearing, Justice Ishtiaq queried whether any candidate from the SIC emerged victorious in the February 8 polls, to which Qazi Anwar, representing the SIC, responded negatively.

“The integrity of Parliament would be compromised if reserved seats remain unoccupied,” the judge remarked, intimating that the court would retract the interim relief granted in the aforementioned case.

In a heated session, Advocate Kamran Murtaza, representing the Jamiat Ulema-e-Islam (JUI), delivered a series of compelling arguments, sparking intense debate within legal and political circles.

Murtaza vehemently contended that no list of candidates could be submitted after the stipulated deadline, reinforcing the sanctity of electoral regulations. “It is clear that parties participating in elections will be allocated reserved seats,” he asserted, underlining the importance of adhering to electoral protocols.

Furthermore, Murtaza raised eyebrows by suggesting that the failure to provide a candidate list signified a lack of interest in specific seats. “When they don’t submit the list, it implies they are not vying for those particular positions,” Murtaza proclaimed, emphasizing the strategic implications for political entities.

Amidst the legal discourse, Murtaza directed attention to the Sunni Unity Council’s conspicuous absence from the electoral fray under its own banner. “This party has missed the train,” he remarked, alluding to the potential consequences of political inaction.

The proceedings took an intriguing turn when references were made to alleged offers extended to certain parties. Denying any such overtures, Murtaza rebuffed claims of preferential treatment. “No, we did not offer,” he clarified, dispelling speculation surrounding backroom dealings.

Justices Atiq Shah and Ijaz Anwar weighed in on the unfolding dialogue, highlighting the complexities of electoral dynamics. “Once the financial spoils are distributed, what is left remains,” Justice Anwar remarked, hinting at the inherent challenges of post-election negotiations.

Counsels of the private parties also appeared in the court. They supported the arguments of attorney general, ECP’s lawyers, as well as of the counsels of JUI-F and PML-N.

After hearing the arguments, the PHC adjourned the hearing till 9 am tomorrow.