Daily Times

The Election Commission of Pakistan (ECP) on Friday challenged the Supreme Court’s clarification on reserved seats.

A review petition was moved by the ECP against the apex court’s clarification.

On Sept 14, an eight-member bench of the apex court disposed of the ECP’s petition, stating that its request for clarification was merely a “delaying tactic”.

“The ECP isn’t responsible of delay in implementing the SC order,” said the election commission in its review petition.

The ECP said that it moved the SC on July 25 seeking clarification of apex court’s order of July 25. However, the Supreme Court issued the short order of clarification on September 14.

The Parliament has also passed legislation over the subject, ECP stated.

The ECP pleaded that the SC must review its order passed on Sept 14.

Meanwhile, the Supreme Court of Pakistan has issued the cause list for the hearing of a review petition challenging its interpretation of Article 63-A of the Constitution.

A five-member larger bench, headed by Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa, will hear the case on September 30.

As per the cause list issued on Friday, Justices Muneeb Akhtar, Ameen-ud-Din Khan, Jamal Mandokhail, and Mazhar Alam Miankhel are also part of the larger bench.

The review petition challenges the May 17, 2022, decision made by a five-member bench led by former Chief Justice Umar Ata Bandial.

The original ruling passed with a 3-2 majority, held that the votes of defecting lawmakers (under Article 63-A) would not be counted.

Justice Muneeb Akhtar and Justice Ijaz-ul-Ahsan were part of the majority, while Justices Jamal Mandokhail and Mazhar Alam Miankhel dissented.

According to the majority ruling, while the votes of defectors were invalidated, the issue of lifetime disqualification for defectors was left to Parliament to legislate on. This upcoming hearing will re-examine that decision.

Separately, the ECP will hear the Pakistan Tehreek-e-Insaf (PTI)’s intra-party election case on Oct 2.

The ECP has issued notices to PTI chairman Barrister Gohar Ali and leader Raoof Hasan.

The PTI lawyers are asked for their arguments upon the case. The PTI chairman had sought adjournment in the case during the previous hearing.

Earlier, the PTI chairman claimed that PTI was the only party that had conducted the most transparent intra-party elections.

He said that he expected the ECP not to create further hindrances in the PTI’s way, adding that Lahore rally would be held on time.

Criticising the ECP, the PTI chief pointed out the discriminatory treatment meted out to the PTI by the ECP despite apex court’s clear position on the matter.