The Election Commission of Pakistan (ECP) on Friday filed a review petition with the Supreme Court regarding the explanatory order issued by eight judges on September 14 concerning reserved seats.
In the petition, the ECP stated that it is not responsible for the delay in the implementation of the court’s decision.
The Commission had filed an application on July 25 seeking clarification of the July 12 decision, and the Supreme Court issued its explanatory order on September 14.
The petition also mentioned that the court did not issue any notice to the Election Commission regarding PTI’s documents, nor did it seek a response from the Commission on PTI’s documents.
Furthermore, after the Commission filed a clarification request, the parliament enacted legislation.
The petition requested the court to review its September 14 explanatory order. The Election Commission argued that the Supreme Court’s decision on reserved seats is based on assumptions, and the court could not rewrite the Constitution under the guise of interpretation.
The petition stated that the court deviated from its July 12 orders in its detailed ruling, limiting 41 members to PTI.
The deadline for independent members to join a political party is three days, but the court gave them 15 days, thus altering the constitutional wording.
The Election Commission further stated that independent members submitted affidavits to join the Sunni Ittehad Council, but the court’s decision completely ignored these affidavits.
Even if Barrister Gohar’s certificates are considered valid, PTI’s members would not number 39. The petition also mentioned that candidates did not submit declarations of party affiliation under Section 66, and Rule 94 applies to political parties with an electoral symbol.
The Election Commission of Pakistan claimed that the PTI submitted documents in the judges’ chambers, which were never presented in open court.
It argued that relief could not be granted to PTI regarding the reserved seats since PTI did not claim its right on any forum. According to the Supreme Court’s full court decision, relief could not be granted to those who did not make a claim.
The Election Commission also requested a stay order until the review is decided.
A few days ago, an eight-member bench of the Supreme Court, in its clarification on the case of reserved seats, stated that there is no ambiguity in the July 12 decision. The Supreme Court’s short order on July 12 is very clear, and the Election Commission unnecessarily complicated the order. There would be serious consequences for not implementing the decision, it said.
The clarification also mentioned that Barrister Gohar is recognized as the chairman of PTI and Omar Ayub as the secretary general.
In response, the sources said that the Election Commission of Pakistan expressed strong disapproval.
