Top court judge observes SIC not entitled to reserved seats

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A judge of the Supreme Court constitutional bench has remarked that the Sunni Attaad Council (SIC) is not eligible for secure seats, which raises concerns over independent candidates who are absent from Parliament.

During a direct hearing on the issue of specific seats, Justice Aminuddin Khan led a 11 -member constitutional bench in which he listened to the arguments that the SIC could claim safe seats after adding independent candidates.

The court remarked that although independent candidates may join the party represented in Parliament, it is constitutionally baseless to join anyone who does not participate in the elections.

“How can an independent candidate join a party that is not in parliament?” Justice Masrat Hilali questioned. “Did the Sunni Attaad Council even contest the elections?”

The bench repeatedly questioned how the SIC could claim safe seats, because it did not participate in the 2024 general election and there was no election presence in Parliament.

Representing the De -Notified Women’s MNA, senior lawyer Makhdoom Ali Khan argued that the SIC’s appeal was unanimously dismissed and that the elected members were received without regular notice.

Justice Hilali reminded the court that the notification of the Election Commission of Pakistan was first declared invalid. “There is a fault of proportional representation in this matter,” he said.

Khan claimed that Article 225 of the Constitution was not cited in the previous Supreme Court decision, which challenges electoral issues outside the electoral tribunals.

However, the bench has questioned the application of Article 225 in this case, which is related to proportional representation rather than direct elections.

Justice Jamal Khan Mandokhel later said that during the hearing, the Sunni Attihad Council is not eligible for safe seats.

The hearing was adjourned till tomorrow (Tuesday), the court directed the SIC lawyer to present the arguments at the next meeting.

On July 12, 2024 at the center of this dispute, the Supreme Court is ruling that if it is fully implemented, Pakistan will see the Tahrik-A-Insaf (PTI) emerging as the only largest party.

In the July 12, 2024 order, eight of the 13 judges were supported, announcing 39 out of 39 out of 39 out of 39 as the candidates returning to PTI. If it is implemented, this decision will significantly strengthen PTI’s parliamentary power.

However, the implementation of the National Assembly and the ECP has stopped implementing the objections. The Pakistan Muslim League -Nawaz (PML -N, Pakistan Peoples Party (PPP), and the ECP have filed all petitions to review the Supreme Court order.

‘Illegal movements’

In a case of reserved seats on September 23, the Supreme Court’s detailed decision, which is the author of senior Pussein Judge Justice Mansoor Ali Shah, especially criticized the ECP.

The court observed that the PTI’s “PTI, its candidates and voters had led to the confusion and prejudice of the PTI because of the” numerous illegal activities and mistakes and errors. ” “

The ECP was further encouraged to fail to fulfill the role of the role of a “guarantee and a” responsible responsible “as a” guarantee body of the electoral process “.

The judiciary did not refrain from repeating its position. On September 14, 2024, the Supreme Court issued an explanation in the July 12 decision, complaining to the ECP.

Justice Shah further explained on October 18, 2024, that an amendment to the Election Act 2017 in August last year could not negate the decision of the specific seats.