PTI no more eligible for reserved seats after Constitutional Bench ruling

ISLAMABAD: The Constitutional Bench of Supreme Court on Friday approved the review petitions filed in the reserved seats case with a seven-five majority, as it restored the Peshawar High Court (PHC) verdict.

It means a great blow to the PTI, as the part is no more eligible for the reserved seats in any of the legislature. Instead, the ruling PML-N and the PPP – as well as the likes of MQM – will now increase their strength in the National Assembly as well as the provincial assemblies of Punjab and Khyber Pakhtunkhwa.

At the same time, the judgment will provide more space to the PML-N which is depending on the allied parties for its survival.

The development comes as the Constitutional Bench nullified the Supreme Court’s July 12, 2024 verdict through a short order, as the detailed judgment would be announced later.

Earlier in the evening, the judges completed the hearing of the reserved seats case, after which Justice Aminuddin Khan remarked that a short order would be issued soon.

It were the review petitions filed by the PML-N, PPP and ECP, which the Constitutional Bench heard.

The PHC in March 2024 had dismissed the SIC’s petition, challenging the ECP’s decision to reject the party allocation of reserved women and minority seats.

The SIC was not entitled to claim quota for reserved seats “due to having non-curable legal defects and violation of a mandatory provision of submission of party list for reserved seats, which is the requirement of law”, the ECP had said.

As the ECP decided to allot the reserved seats among other parliamentary parties, the PTI had moved the Supreme Court, which had decided in its favour.

FUTURE SHAPE OF KHYBER PAKHTUNKHWA ASSEMBLY

The effects of the Constitutional Bench verdict would be most visible in Khyber Pakhtunkhwa, a PTI stronghold, where the opposition parties are set to get a massive boost.

Who is the biggest beneficiary? The JUI-F of Maulana Fazlur Rehman.

Hence, the JUI-F with seven general seats will get 10 reserved seats, followed by eight for the PML-N, which has six general seats.

Meanwhile, the PPP is poised to get six, while there will be one reserved seat each for the ANP and the PTI-Parliamentarian.

SHEHBAZ SHARIF WELCOMES

Reacting to the court ruling that will have far-reaching consequences, Prime Minister Shehbaz Sharif welcomed the judgment and praised the legal team for the success.

He said the verdict represented the supremacy of law and constitution, through a true interpretation of law. The opposition should come forward and play its role along with the government for the country’s development, he stressed.

HOW DID SUPREME COURT GET INVOVLED

The controversary had erupted on July 12, 2024, when 13-member Supreme Court bench with a majority of 8 ruled that 39 out of a total 80 MNAs were from the PTI. Accordingly, it was ordered that the reserved seats in National Assembly as well as provincial legislatures should ne allocated to the PTI.

However, the judgment triggered a strong response given the fact that those affiliated with the PTI had contested the 2024 general elections as independents. Later, they had joined under the umbrella of Sunni Ittehad Council (SIC).

Earlier on Thursday, the Constitutional Bench had rejected the PTI’s counsels’ request to adjourn the hearing of the reserved seats case till August.

Originally, the Supreme Court Constitutional Bench comprised 13 justices and started hearing the matter on May 6. However, two of them – Justice Ayesha A Malik and Justice Aqeel Ahmed Abbasi – declared the petitions as inadmissible. They were not part of the subsequent proceedings, as they recused themselves from the case.

Meanwhile, the July 12, 2024 orders had raised many eyebrows, with the judges opposing the majority judgment expressing serious reservations in their dissenting notes. It had led to issuance of two explanations by the majority judges.

Read more: Chief Justice seeks clarification on reserved seats case procedures