Election Commission Challenges Supreme Court’s Clarification on Reserved Seats

Islamabad: The Election Commission of Pakistan (ECP) has challenged the Supreme Court’s clarification regarding reserved seats issued by a majority of judges on September 14. The ECP maintains that the constitution cannot be rewritten under the guise of interpretation.
In its review petition, the ECP contended that any delay in judicial decisions cannot be attributed to it. It clarified that a request for clarification regarding the July 12 decision was filed on July 25, and the Supreme Court’s clarification was issued on September 14.
The petitioner argued that the court did not issue a notice to the ECP regarding the documents submitted by the Pakistan Tehreek-e-Insaf (PTI) and did not seek the ECP’s response on these documents. Following the ECP’s request for clarification, Parliament enacted new legislation.
The ECP has urged the Supreme Court to reconsider its September 14 clarification. Additional submissions have also been filed by the ECP in the Supreme Court, which include a request to stay the implementation of the court’s decision until the review is resolved.
The ECP stressed that the constitution cannot be rewritten under the pretext of interpretation, asserting that the court deviated from its detailed ruling regarding the July 12 orders. The ECP noted that the ruling limited the 41 members to the PTI.
In its supplementary submissions, the ECP pointed out that while independent members had a three-day window to join a political party, the Supreme Court granted them 15 days, effectively altering the constitutional text. Independent members had submitted affidavits joining the Sunni Ittehad Council, but the court overlooked these submissions.
According to the ECP, candidates did not submit party affiliation declarations under Section 66, and the rules pertain specifically to political parties with electoral symbols. The ECP argued that the documents submitted by PTI in the judges’ chambers were never presented in open court, thus no relief can be granted to PTI regarding the reserved seats. The ECP maintained that PTI has not claimed its rights in any forum, emphasizing that the Supreme Court’s full court ruling stipulates that parties not involved cannot seek relief.