The Supreme Court of Pakistan has issued a detailed ruling regarding the reserved seats of the Pakistan Tehreek-e-Insaf (PTI), declaring the Election Commission’s March 1 decision unconstitutional. The 70-page ruling was authored by Justice Mansoor Ali Shah.
The detailed ruling states that the Supreme Court nullifies the Peshawar High Court’s decision. It emphasizes that the largest stakeholder in elections is the public and that electoral disputes are fundamentally different from other civil disputes. The court expressed confusion over how so many independent candidates could succeed in a parliamentary democracy based on political parties.
Legal experts have provided their insights on this significant ruling:
**Contempt of Court Action Possible Against Election Commission, Says Legal Expert Mahmood Sadozai**
Speaking to Dawn News, legal expert Mahmood Sadozai stated that if the Election Commission fails to comply with the ruling, it could face contempt of court proceedings. He emphasized that there is no ambiguity in the decision: the seats belonged to PTI, regardless of whether they are labeled as belonging to the Sunni Ittehad Council or as independent candidates. Sadozai noted that the Election Commission cannot reinterpret this ruling outside the framework of the Constitution, and ignoring a Supreme Court or High Court order constitutes contempt of court.
**Election Commission Fully Protected Under the Constitution, Says Former Secretary Kanwar Dilshad**
Former Secretary of the Election Commission Kanwar Dilshad told Dawn News that the Election Commission is fully protected under Article 222 of the Constitution, which means that contempt of court proceedings against it are not feasible. He expressed concern that this judicial decision could lead to a political crisis, noting that the Election Commission has yet to decide on intra-party elections, which would be considered after this ruling.
Dilshad added that an amended bill of the Elections Act has already been passed, rendering the Supreme Court’s July 12 ruling ineffective.
**Election Commission Has No Option but to Comply, Says Barrister Asad Rahim**
Barrister Asad Rahim stated in an interview with Dawn News that the Supreme Court’s ruling is binding on all institutions. If the Election Commission does not comply with the ruling, it will be committing contempt of court. He emphasized that the detailed decision has removed all ambiguities, leaving the Election Commission no room for maneuvering.
Rahim mentioned that most review applications result in the enforcement of court rulings, with very few cases where decisions are overturned. He insisted that it is the duty of every state institution to implement judicial decisions, and every citizen must respect the rule of law.
He also indicated that a constitutional crisis would not arise unless the Election Commission is brought under the purview of contempt of court. Despite the dissenting opinions of two judges, the majority ruling holds legal weight and should be regarded as a decision from a full bench.
Rahim urged the Election Commission not to seek clarification on this ruling, reminding them that they are not a political body but a constitutional entity.
