PTI moves SC to ensure implementation on reserved seats verdict

ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) has filed a civil miscellaneous application in the Supreme Court in response to the objections raised by the Election Commission of Pakistan (ECP) in implementing the top court's reserved seats ruling, saying that the polls regulators wanted to "delay" the process.

The apex court, in its much-anticipated July 12 verdict, ruled that the former ruling party is allowed to have seats reserved for women and minorities in all legislatures including the National Assembly — a decision that will potentially turn the PTI into the largest party in the lower house of parliament.

The Election Commission partially implemented the judicial order and on July 29 declared 93 lawmakers in Punjab, Khyber Pakhtunkhwa and Sindh assemblies as "returned candidates" of the Imran Khan-led party.

Prior to this, the polls regulator also declared 39 PTI lawmakers from the National Assembly as the candidates affiliated with the PTI.

However, on July 25, the ECP approached the top court seeking judicial guidance  on certain legal and factual issues of the order. 

Later, the election regulator on August 7 filed a review petition in the top court against the short verdict involving the PTI and the Sunni Ittehad Council (SIC).

In its petition, the ECP maintained that 80 independent candidates had decided to join the SIC and submitted relevant documents to declare their allegiance to the party.

However, it added that the SIC did not participate in the February 8 nationwide polls as a political party nor submitted any list of candidates for the reserved seats.

Today, the party of incarcerated Imran Khan has filed its application through its counsel Uzair Bhandari advocate, seeking the apex court to dismiss the Election Commission’s review petition, asking for SC’s clarification in connection with the execution of the July 12 short order.

The PTI’s plea also mentioned the electoral body’s objection, saying the ECP has averred wrongly that “the commission is facing difficulty to implement the order ibid as PTI at the moment has no organizational structure for confirmation of statements of MNAs/MPAs”.

The Imran-led party also requested the court to issue directives to the election-conducting body to accept the affidavits of allegiance filed by the independent lawmakers, signed by Barrister Gohar Khan and Omar Ayub, the elected chairman and General Secretary of PTI, respectively.

The party also requested the court to direct the ECP to implement the July 12 short order.

The PTI said that the Election Commission has filed the application with mala fide intentions, saying that the election regulatory body seeks to “circumvent and delay the implementation of the short order” as it aims to deny the party its “rightful share of the reserved seats”.

Responding to the EC’s objection regarding the PTI’s organisational structure, the plea stated that the party’s organisation structure is well in place as the “PTI has taken all necessary steps and is in full compliance with the applicable law”.

Responding to another objection, the plea further said the party conducted its intra-party elections on March 3, 2024 when Barrister Gohar Khan was elected unopposed as chairman of the party and Omar Ayub Khan also was elected unopposed as General Secretary.

Later, the party submitted details of its intra-party election to the ECP on March 4, 2024, the plea said, adding the election body has since written a number of letters to PTI with some of the letters addressed to Barrister Gohar Khan, referring to him as the "Chairman of PTI".