June 22, 2024
The Sunni Ittehad Council (SIC) does not qualify for reserved seats as the political party doesn't allow non-Muslims to be a part of it, the Election Commission of Pakistan (ECP) stated in its response submitted to the Supreme Court.
A plea filed by the Pakistan Tehreek-e-Insaf (PTI)-backed SIC against the denial of seats reserved for women and minorities in the national and provincial assemblies is currently subjudice in the apex court under a full bench.
SIC was joined by PTI's independent candidates for representation in the legislatives after they won the February 8 general elections as the top court had stripped their party of its electoral symbol 'bat' ahead of the nationwide polls.
Later, the Peshawar High Court (PHC) denied the PTI-backed SIC the reserved seats on an appeal filed against the ECP's ruling to distribute the seats among other parliamentary parties.
However, a three-member apex court bench suspended the PHC verdict in a May 6 ruling, which subsequently drove the polls organising body to suspend its verdict.
This caused the ruling coalition to lose its two-thirds majority in the National Assembly.
In its response, the ECP informed the top court that the reserved seats cannot be alloted to the SIC as the party did not submit the list of candidates before the January 24 deadline.
It also stated that the PTI candidates were asked to submit the certificate for the allotment of PTI-Nazriati's (PTI-N) election symbol. Later, the candidates withdrew the PTI-N's symbol and were declared independent candidates, it added.
The electoral authority further stated that the independent candidates joined SIC, after which it gave the majority 4-1 verdict of not allocating the reserved seats to the PTI-backed party and later the PHC upheld the ruling.
"SIC is not eligible for the reserved seats. There is no doubt/nothing wrong in the ECP and the PHC's decision of not giving reserved seats to SIC. The decision is in line with the laws and Constitution," the response read.
As per the SIC constitution, a non-Muslim person cannot be a part of the party, which is unconstitutional.
Meanwhile, SIC submitted the additional documents to the apex court, including the ECP's notification of success for two National Assembly lawmakers-elect, with a plea to bring the said documents on judicial records.
The SIC counsel also attached the ECP's February 2 verdict regarding the independent candidates.
The plea stated that the additional documents were crucial to decide on the reserved seats case.
The Supreme Court's 13-member bench is scheduled to resume the hearing on SIC's petition against the denial of reserved seats on June 24.