Reserved seats: PHC asks whether SIC is a political party or not
Pakistan
Court says there is no procedure for providing list for reserved seats in Election Act
PESHAWAR (Dunya News) – The Peshawar High Court on Wednesday asked whether the Sunni Ittehad Council (SIC) was a party or not.
A five-member larger bench of the PHC, which is hearing the case of reserved seats for the SIC, asked the attorney general to argue on Article 51(d) of the Constitution so that it could be established whether it's a political party? Can it participate in the presidential, Senate, speaker and deputy speaker's elections?
The bench is headed by Justice Ishtiaq Ibrahim and includes Justice Ijaz Anwar, Justice Atiq Shah, Justice Shakeel Ahmed and Justice Syed Arshad Ali.
Qazi Anwar and Azam Swati represented the SIC in court while Nayyar Bukhari, Faisal Karim Kundi and Farooq Naek appeared on behalf of the PPP.
Attorney General Mansoor Awan told the court that the petitioner party did not participate in the general election.
The court said there was no procedure laid down for providing lists for reserved seats in the Election Act.
The attorney general said there was a law for women and minorities under which they were given representation in the assembly. Political parties have to submit a list of nominees against reserved seats before the elections, he added.
The court remarked that there was no provision of submission of list in the law. The court asked him whether SIC was considered a political party.
The attorney general submitted that under the law, a party which contested elections was entitled to reserved seats.
The court again asked him whether the SIC was a political party or not? Can it name an opposition leader? The attorney general replied that the law provided that a party must have won a seat in general elections.
The head of the SIC himself contested election as an independent candidate, he continued.
The court remarked that there was another law under which independent candidates had to join a party within three days. What will happen if an independent candidate joins a party that has no representation in parliament?
The court asked the attorney general if an independent candidate joins a party, can't he be given reserved seat?
The attorney general replied that seats could be given if there was any representation of that party in parliament.
QAZI ANWAR
Counsel for the SIC Qazi Anwar argued that since the PTI was not allowed to contest election on a symbol, its members contested as independent candidates.
The PTI candidates joined the SIC as directed by the Election Commission of Pakistan (ECP).
The court asked him whether any member of the SIC had won the election? When the list of nominees for reserved seats was submitted?
Advocate Anwar said the SIC was entitled to reserved seats in Khyber Pakhtunkhwa, Punjab, Sindh and Balochistan.
Is there any provision in the Constitution to distribute reserved seats of one party among other parties?
The court said the ECP had to take a decision on reserved seats. If these are not given to a party, the seats remain vacant.
Later, the court adjourned hearing till Thursday.
