The Supreme Court has issued a detailed verdict regarding the July 12 order in the reserved seats case, which declared the Pakistan Tehreek-e-Insaf (PTI) a parliamentary party. The 8-5 majority order had made ex-premier Imran Khan’s PTI eligible for seats reserved for women and minorities, dealing a significant setback to Prime Minister Shehbaz Sharif’s ruling coalition.
Justice Syed Mansoor Ali Shah announced the majority verdict, supported by seven other judges. The case was heard by a 13-member bench, with Chief Justice of Pakistan (CJP) Qazi Faez Isa and Justice Jamal Khan Mandokhail penning a minority judgment. Despite the 8-5 split, 11 out of the 13 judges declared the PTI a parliamentary party.
The 70-page judgment, authored by Justice Shah, emphasizes the importance of free and fair elections in a democracy and the judiciary’s role in ensuring electoral integrity. The verdict also expressed doubts about the Election Commission’s power to reject the certificate of intra-party elections submitted by a political party.
The majority verdict observed unlawful acts and omissions by the returning officers and the Election Commission of Pakistan (ECP), causing confusion and prejudice to PTI, its candidates, and the electorate. It criticized the ECP for failing to fulfil its role as a guarantor institution of democratic processes and for participating in the case as a primary contesting party.
The verdict also listed the 39 MNAs whose seats were secured by the PTI and emphasized the importance of upholding the fundamental right of citizens to vote for the political party of their choice.
