PTI moves SC against ECP for non-implementation of court orders

The Pakistan Tehreek-e-Insaf (PTI) moved the Supreme Court on Monday against the Election Commission of Pakistan (ECP) for delaying in implementing the top court’s order in the reserved seats case. 

PTI leader and senior lawyer Salman Akram Raja filed a contempt of court plea, making members of the country’s top electoral body including chairman Sikandar Sultan Raja parties. 

According to the plea, the ECP should be ordered to implement the verdict immediately and action should be taken against the commission’s members.

Citing the verdict, the petition said: “The aforesaid Judgment and clarifications/orders leave no doubt whatsoever that the PTI is entitled to reserved seats proportionate to the seats in the national Assembly and the provincial assemblies won by it in accordance with the Judgment dated 12 July 2024.

“That the ECP has yet to act upon the judgment […] and complete the process of election women and non-Muslims on reserved seats in the NA as well as provincial assemblies.”

On July 12, the Supreme Court ruled that the PTI is eligible for the allocation of reserved seats, paving the way for the party to return to parliament.

Justice Mansoor Ali Shah of the SC’s full bench announced the 8-5 majority verdict, nullifying the Peshawar High Court’s (PHC) order wherein it had upheld the ECP’s decision denying the reserved seats to the PTI-backed Sunni Ittehad Council (SIC).

The PTI candidates did not contest the polls on a single symbol, forcing them to join hands with the SIC, but that could not get the party the reserved seats as the ECP ruled against them.

In its decision, the court declared that the lack or denial of an election symbol does not in any manner affect the constitutional or legal rights of a political party to participate in an election, whether general or by, and to field candidates and that the commission is under a constitutional duty to apply all statutory provisions accordingly.

“The PTI was and is a political party, which secured general seats in the national and provincial assemblies in the general elections of 2024,” read the verdict.

According to the verdict, the PHC’s judgment dated March 25 is set aside. “The order of the ECP dated March 1 is declared to be ultra vires to the Constitution, without lawful authority, and of no legal effect,” it said.

The top court remarked that the Imran Khan-founded PTI, as a political party, has a legal and constitutional right to reserved seats.