The Election Commission of Pakistan (ECP) Saturday informed the Supreme Court that the Sunni Ittehad Council (SIC) is not entitled to any reserved seats, whether for women or non-Muslims, as the party's constitution violates Articles 17, 20 and 25 of the Constitution of Pakistan.
"The conditions in said Article 3 of SIC's Constitution are violative of Articles 17, 20 and 25 of the Constitution; in view thereof, SIC clearly is not entitled to any Reserved Seats for Women and in particular for Non-Muslims," the ECP stated in its reply in the reserved seats case.
A full court bench, headed by Chief Justice Qazi Faez Isa, shall resume hearing the case on Monday, June 24.
In its written submissions before the top court, the ECP reaffirmed its decision, backed by the Peshawar High Court (PHC), contending that their denial of reserved seats to the SIC stands justified.
The ECP further informed the court that SIC's eligibility for reserved seats is compromised on several grounds.
Firstly, the ECP said the elected members of the Pakistan Tehreek-e-Insaf (PTI)/independents had switched their allegiances to the SIC after the elections had concluded.
Additionally, the party failed to meet the January 24 deadline to submit its list of candidates for reserved seats, a legal requirement that all parties must comply with.
The reply also pointed out instances where independent candidates had aligned themselves with the SIC post-elections, further complicating the eligibility criteria for reserved seats.
In such a scenario, the ECP reiterated that the Constitution and existing laws prohibit the allocation of reserved seats to the SIC. According to the commission, both its decision and the ruling of the Peshawar High Court regarding the allocation of reserved seats were in line with constitutional provisions and legal frameworks.
The ECP also emphasised that, per the SIC's constitution, membership in the party is restricted to Muslims only. Hence, without any non-Muslim members, the party is further disqualified from applying for reserved seats for non-Muslims. Moreover, the commission clarified that the party had failed to submit a list of candidates for the specific seats by the stipulated deadline.
Regarding independent candidates joining the SIC, the ECP explained that initially, they sought certification under the PTI ideological electoral symbol but later abandoned this affiliation to contest as independents.