PHC Overturns ECP Notifications on Reserved Seats

PESHAWAR: Amidst the ongoing controversy surrounding reserved seats, the Peshawar High Court (PHC) has invalidated the Election Commission of Pakistan’s (ECP) 2024 directives concerning reserved seats for women and minorities in the Khyber Pakhtunkhwa Assembly.

The division bench, consisting of Justice Syed Arshad Ali and Justice Dr. Khurshid Iqbal, released a concise written order after the proceedings. The court also ruled that the ECP’s imposed deadline of February 22, 2024, for independent candidates to affiliate with a political party was unconstitutional.

The PHC has instructed the ECP to reconvene hearings with all involved political entities and redistribute the contested seats within a 10-day timeframe. Moreover, the court mandated that the two female MPAs from Jamiat Ulema-e-Islam-Fazl (JUI-F) remain in their positions until a fresh determination is reached.

This development follows the ECP’s recent restoration of 21 reserved seats for women in the KP Assembly, a measure taken after the Supreme Court’s decision that deemed Pakistan Tehreek-e-Insaf (PTI) ineligible for these seats.

Of the 21 restored seats, JUI-F received eight, PML-N secured six, and PPP was allocated five. The PTI Parliamentarians (PTI-P) and the Awami National Party (ANP) each obtained one seat.

Additionally, the four reserved minority seats in the KP Assembly were reinstated, with two going to JUI-F and one each to PML-N and PPP.

The ECP also revived five reserved women’s seats in the National Assembly from KP and announced a revised schedule for the province’s Senate elections, rescheduling the polling date to July 21.

During the PHC session, Barristers Amir Javed and Saqib Raza represented PML-N. Special Secretary Law for the ECP, Muhammad Arshad, and Mohsin Kamran, along with legal representatives for JUI-F’s minority MPA Gurjal Singh, were also present.

Barrister Javed informed the court that while PML-N had secured seven seats in the KP Assembly, the ECP had granted 10 reserved seats to JUI-F, which also held seven seats, while only allocating eight reserved seats to PML-N.

He contended that the ECP’s seat allocation was based on six PML-N seats, disregarding the seventh seat acquired by an independent candidate who joined the party within three days—a move he argued was unfair.

Barrister Javed urged the court to nullify the ECP’s notifications and prevent the oath-taking of MPAs on reserved seats until a final verdict was reached.

The JUIF’s legal counsel cited a Supreme Court ruling, asserting that the ECP’s 2024 notification on women’s seats had not been challenged through a separate petition.

Justice Arshad Ali questioned the ECP’s method for allocating reserved seats before finalising the process. The special secretary for law clarified that an assembly session must occur within 21 days post-election.

Justice Arshad criticised the inconsistency of awarding five seats based on party standings as of February 22 and the remaining seats in March, deeming it illogical.

The ECP’s counsel pointed out that PML-N had already submitted a petition on July 1, which had been adjudicated and concluded.

However, Barrister Javed insisted that if JUI-F were to receive 10 reserved seats for seven general seats, PML-N should be granted the same, suggesting an allocation of nine reserved seats to each party. He further proposed settling the fourth minority seat via a draw, given the parties’ equal representation.

The court remarked that the ECP’s February 22 notification contravened Article 106 of the Constitution, the Election Act 2017, and the Election Rules. It mandated a review and revision of the March 4, 2024, notification concerning the 20 notified women’s reserved seats. The court also invalidated the March 26, 2024, notification that allocated a minority seat to Gurjal Singh.

Separately, JUI-F announced the nomination of its provincial secretary general, Maulana Attaul Haq Dervesh, to contest the Senate elections in the general category, and Dilawar Khan for the technocrat seat.

This decision was reached during a provincial executive council meeting held on Tuesday, presided over by the party’s provincial president, Senator Maulana Attaur Rehman.

The meeting addressed the forthcoming Senate elections, internal organisational matters, and planned conferences for central and southern districts.