PML-N Challenges Supreme Court’s Reserved Seats Ruling

ISLAMABAD – On Monday, the Pakistan Muslim League-Nawaz (PML-N) filed a review petition in the Supreme Court, challenging the recent verdict that deemed Pakistan Tehreek-e-Insaf (PTI) eligible for reserved seats for minorities and women.

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In the petition, PML-N named 11 respondents, including the Sunni Ittehad Council (SIC) and its chairman Hamid Raza, requesting the court to suspend its July 12, 2024 ruling. The petitioner argued that the Supreme Court’s decision overlooked several critical points.

The review petition posed several questions, such as whether the SIC should be granted the reserved seats, whether a party that failed to submit a party list within the prescribed time could be eligible for reserved seats, and whether independents could join a party that did not win a single general seat in parliament. It also questioned whether the seats could be left vacant or must be distributed among contesting parties.

This petition follows the Supreme Court’s recent decision, which declared PTI eligible for the reserved seats, overturning the Election Commission of Pakistan’s (ECP) December 2023 ruling that excluded PTI from the February 8 elections. The Supreme Court’s 8-5 majority verdict asserted that denying an election symbol does not affect a party’s constitutional rights to participate in elections and that the ECP must adhere to all statutory provisions.

Timeline of the Reserved Seats Saga

The controversy began when over 80 PTI-backed independent candidates won in the February 8 elections and subsequently joined the SIC to claim reserved seats for minorities and women. On February 21, the SIC sought the allocation of these seats from the ECP. However, on March 4, the ECP denied the request, citing PTI’s failure to submit a required list of candidates, as mandated by Article 51(6).

The ECP’s verdict, supported by a 4-1 majority, stated that reserved seats must be allocated to parties that contested elections and won general seats based on a proportional representation system. The SIC’s subsequent appeal to the Peshawar High Court (PHC) was also rejected on March 14, leading them to approach the Supreme Court on April 2.

On June 6, a three-member Supreme Court bench suspended the PHC and ECP decisions. This suspension reduced the ruling coalition’s two-thirds majority in the National Assembly. A full-court bench later took up the issue, resulting in the July 12 ruling favoring PTI.

Impact on National and Provincial Assemblies

The Supreme Court’s decision has reshaped the political landscape. The PTI-backed SIC, which had lost 77 reserved seats due to the PHC’s ruling, now sees a significant boost. Previously, the PHC’s decision had allowed the ruling coalition, comprising PML-N, PPP, and others, to secure a two-thirds majority.

In the National Assembly, the PML-N was allocated 14 seats, PPP five, and Jamiat Ulema-e-Islam-Fazl (JUI-F) three. In the provincial assemblies, JUI-F received 10 seats in Khyber Pakhtunkhwa, PML-N seven, and Awami National Party one. In Punjab, PML-N secured 23 seats, PPP two, and other parties received one each. In Sindh, PPP and Muttahida Qaumi Movement were allocated three seats collectively.

The Supreme Court’s recent ruling has not only paved the way for PTI’s return to parliament but has also intensified the political competition, reshuffling the balance of power in both national and provincial assemblies.