Reserved seats verdict: PTI moves SC for contempt proceedings against CEC

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Monday requested the Supreme Court (SC) to initiate contempt proceedings against Chief Election Commissioner (CEC) Sikandar Sultan Raja and other four members of the commission for not implementing the apex court judgment, delivered on July 12 in reserved seats case, in letter and spirt.

The contempt petition was filed by Kanwal Shauzab, PTI’s women wing president, under Article 204 of the Constitution and Contempt of Court Ordinance 2003, making the CEC and other members of the commission as respondent.

Filed through Barrister Salman Akram Raja, she prayed the apex court to initiate contempt of court proceedings against the respondents for not implementing its judgment of July 12, delivered by majority judges of the apex court in the reserved seats case. She prayed that the respondents be directed to comply with the judgment.

The petitioner contended that the court had directed the Election Commission of Pakistan (ECP) to take steps for awarding seats reserved for women and non-Muslims in the National Assembly as well as provincial assembles, so as to ensure that the seats won in general election of February 8, 2024 by the PTI, as per the detailed findings and procedure laid down in the judgment of the Supreme Court, are taken into account while determining the allocation of the reserved seats. The petitioner contended that the ECP is yet to act on the SC judgment and complete the process of election of women and non-Muslims on reserved seats in the National Assembly as well as the provincial assemblies.

“This deliberate and contumacious failure to act in accordance with the SC judgment renders the CEC as well as four members of the ECP liable to proceedings for the contempt of judgment of this court,” the petitioner contended.

She prayed the apex court to initiate contempt proceedings against the respondents and they be awarded due punishment. The Supreme Court had ruled that the PTI was and is a political party, which secured or won general seats in the National and provincial assemblies in the General Election-2024, thus was entitled to reserved seats, declaring unconstitutional and unlawful the Election Commission’s decision of allocating reserved seats to the ruling coalition.

A 13-member full court had announced judgment in the appeals, filed by the Sunni Ittehad Council (SIC), against the judgment of Peshawar High Court, denying the party reserved seats for women and minorities in the National and provincial assemblies.

The court, by a majority of 8-5 had set aside the judgment of Peshawar High Court dated March 25, 2024 and declared the order of the ECP dated March 1, 2024 to be ultra vires the Constitution, without lawful authority and of no legal effect.

The majority judges had declared that the lack or denial of an election symbol did not in any manner affect the constitutional and legal rights of a political party to participate in an election (whether general or bye) and to field candidates and the Commission was under a constitutional duty to act, and construe and apply all statutory provisions, accordingly.

The majority verdict had further declared that for the purposes, and within the meaning, of paragraphs (d) and (e) of clause (6) of Article 51 and paragraph (c) of clause (3) of Article 106 of the Constitution, the PTI was and is a political party, which secured or won general seats in the National and provincial assemblies in the General Election-2024 as herein after provided.