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Islamabad: In a major setback for former Prime Minister Imran Khan, the Election Commission of Pakistan (ECP) ruled that the Pakistan Tehreek-e-Insaf (PTI)-backed Sunni Ittehad Council (SIC) is not eligible for the reserved seats allotted to women and minorities in Parliament and their share of seats would be allotted to other parties. The SIC sought allocation of reserved seats in the national and three provincial assemblies excluding Balochistan.
A five-member bench headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja ruled 4-1 in favour of ruling the SIC ineligible for the reserved seats in the National Assembly, reported Dawn. The ECP said the SIC did not submit the priority list for the seats reserved for women and non-Muslims and the party did not contest elections for any seat in any assemblies.
"In Article 51 of the Constitution it is clear that political parties that have representation in the National Assembly by way of winning seats would be eligible for the allocation of reserved seats for women and non-Muslims through proportional representation system," the commission said.
The electoral watchdog said political parties contesting election for reserved seats should file separate lists of their candidates in order of priority for the seats. "Therefore, the commission is of the view that... SIC is not entitled to claim quota for reserved seats due to having non-curable legal defects and violation of a mandatory provision of submission of party list for reserved seats which is the requirement of law,” the ECP order said.
PTI-backed candidates had joined the SIC as their party's electoral symbol was denied ahead of the February 8 elections. The reserved seats were allocated to all political parties according to their strength in the assemblies except the PTI-backed SIC. “The seats in the National Assembly shall not remain vacant and will be allotted by proportional representation process of political parties on the basis of seats won by political parties,” the order said.
PTI to challenge the verdict
In a speech in the Senate, after the verdict was released, PTI’s Barrister Ali Zafar said his party would challenge the ECP order, calling it the "last dagger in the heart of democracy". Zafar said the verdict proved that the ECP failed to fulfill its responsibility of holding free and fair elections and sought proceedings against the Chief Election Commissioner.
“If our share is being given to other parties then this is a constitutional mistake that the ECP has committed... Until the national and provincial assemblies are complete, elections can’t be held for these constitutional positions,” Zafar said, demanding the resignation of top ECP officials. The PTI, on its main X handle, said the ECP "continues to disrespect the public mandate" and termed the verdict as another step to "completely destroy democracy and electoral process in Pakistan".
The PTI-backed independent candidates took the lead in the February 8 elections after they won the 92 National Assembly seats followed by Pakistan Muslim League-Nawaz (PML-N) (79) and the Pakistan Peoples Party (PPP) (54). The ECP had so far kept on hold the allocation of 78 out of the total 226 reserved seats for women in the national and provincial assemblies — all of which were to go to SIC, under the formula.
Out of the total 60 reserved seats for women in the NA, the ECP allocated 40 seats to different political parties. ECP's verdict would impact the election of the president and members of the Senate which are due this month as the PTI-backed candidates were not allotted the reserved seats.
Pakistan presidential elections
According to a notification issued by the Election Commission of Pakistan (ECP) on Friday, the presidential election is set to take place on March 9. The Shehbaz Sharif-led coalition government has nominated former President Asif Ali Zardari for the post, while the PTI has selected Pashtunkhwa Milli Awami Party chief Mahmood Khan Achakzai as their presidential candidate.
Shehbaz took oath as the 24th Prime Minister of Pakistan on Monday, more than three weeks after the general elections were held. Zardari was announced as the consensus candidate for the country’s top constitutional office after the PML-N and the PPP decided to form the coalition when neither of the two parties managed to secure a clear majority. Zardari has previously served as the president from September 2008 to 2013.
Dr Arif Alvi, who leans towards the PTI, completed his five-year tenure as Pakistan's fourth president on September 8, 2023. However, in the absence of the electoral college required to elect the president, he is still in office. Under the law, the president is elected by members of the National Assembly, Senate and four provincial assemblies.