Earlier, expressing surprise at how a mandate given by the people to a political party could be given to other parties, Justice Mansoor Ali Shah of the Supreme Court (SC) directed the Election Commission of Pakistan officials and the attorney general of Pakistan to reach the apex court immediately.
During the hearing of the appeal filed by the Sunni Ittehad Councilagainst the decisions given by the Election Commission of Pakistan and the Peshawar High Court , depriving the party of reserved seats in the National and provincial assemblies, Justice Mansoor said that the court wanted to hear the case on a daily basis.
A three-member bench of the SC, headed by Justice Mansoor Ali Shah, and also comprising Justice Athar Minallah and Justice Muhammad Ali Mazhar, heard the appeal.
The judge asked where in the constitution it was written that the reserved seats supposed to be given to a party would be distributed to other parties. “A political party can get reserved seats in proportion to the seats it has won in the elections,” he remarked.
Justice Athar Minallah asked where in the constitution a party, deprived of its election symbol, had been barred from contesting the elections. “One thing is certain, and that is a party will get reserved seats in proportion to the representation it has in the assemblies,” he said, and added, “For the first time in the country’s history, a large party was deprived of its symbol.”Justice Mansoor made it clear that the bench was hearing the case under Article 185 of the constitution.
Responding to the federal government’s request for the constitution of a larger bench, the judge rejected it, saying the court would first decide whether the appeal was admissible for the hearing. “Once we decide that, we will also look into the request for a larger bench.”
A five-member bench of the ECP, headed by the chief election commissioner, in its verdict dated March 4, 2024, had rejected the SIC’s petitions, seeking the allotment of reserved seats to the party.The bench had reserved the verdict on these pleas on February 28.