| Case ID |
ff0e66d0-9f4e-4b50-884c-19f84834df43 |
| Body |
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| Case Number |
C.P.L.As. Nos. 1328 to 1329 and CMA 3554 of 2024 |
| Decision Date |
May 06, 2024 |
| Hearing Date |
May 06, 2024 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal regarding the allocation of reserved seats for women and non-Muslims to political parties. The court emphasized the necessity of adhering to Articles 51 and 106 of the Constitution, which stipulate a proportional representation system based on the general seats secured by political parties in the National Assembly. Since the Sunni Ittehad Council did not contest the elections and did not win any seats, it could not be recognized as a political party eligible for reserved seats. The court suspended the operation of the impugned judgment from the Peshawar High Court and directed that the matter be placed before a larger bench for further hearing. The decision highlights the importance of fairness and transparency in the electoral process while ensuring that the voice of the electorate is accurately represented in the assemblies. |
| Summary |
In a landmark case before the Supreme Court of Pakistan, the allocation of reserved seats for women and non-Muslims was scrutinized. The court underscored the principles of proportional representation as outlined in the Constitution of Pakistan. The Sunni Ittehad Council, having not contested in the general elections, was deemed ineligible for the reserved seats. The court's ruling reinstated the significance of democratic representation in assemblies, ensuring that the electorate's voice is truly reflected. The decision also highlights the court's commitment to fairness and transparency in the electoral process, setting a precedent for future cases involving political representation. This case is vital for understanding the intricate balance between electoral laws and constitutional mandates, reinforcing the imperative that political parties must actively participate in elections to be eligible for representation. Keywords such as 'electoral representation', 'constitutional law', and 'reserved seats allocation' are crucial for legal scholars and practitioners to explore further. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
ELECTION COMMISSION OF PAKISTAN,
SUNNI ITTEHAD COUNCIL, FAISALABAD
|
| Judges |
Syed Mansoor Ali Shah,
Muhammad Ali Mazhar,
Athar Minallah
|
| Lawyers |
Mr. Faisal Siddiqui, ASC,
Barrister Gohar Ali Khan, ASC,
Mr. Salman Akram Raja, ASC,
Mr. Sameer Khosa, ASC,
Syed Rifaqat Hussain Shah, AOR,
Mr. Muhammad Usman Mirza, AOR,
Mr. Mansoor Usman Awan, AGP,
Ch. Aamir Rehman, Addl. AGP,
Mr. Sikandar Bashir Mohmand, ASC,
Zafar Iqbal, Sp. Secy. (ECP),
Mr. M. Arshad, D.G. (L) (ECP),
Khurram Shahzad, ADG(L),
Mr. Falak Shair, L.C. (ECP),
Mr. Amir Javed, ASC
|
| Petitioners |
SUNNI ITTEHAD COUNCIL, FAISALABAD
|
| Respondents |
ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad
|
| Citations |
2024 SLD 4685,
2024 PLJ 534
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
516(d)(c),
106(2)(c)
|