The Supreme Court suspended the Election Commission and the Peshawar High Court in the case of specific seats. Justice Mansoor Ali Shah said in his remarks that the Election Commission and Peshawar High Court are suspending the decision.
While accepting the applications related to specific seats for hearing, the court suspended the decisions of the Election Commission and Peshawar High Court related to specific seats.
Justice Mansoor Ali Shah said that the order of suspension will be to the extent of specific seats, we are suspending the decision to the extent of additional seats, those who are sitting additionally should not vote in the legislation.
The Supreme Court rejected the federal government’s objection to the three-member bench in the case of reserved seats. Justice Mansoor Ali Shah remarked that it is still the preliminary hearing. If the appeals are declared admissible, any bench will hear them. A two-member bench can also hear at this stage.
In the Supreme Court, the case of Sunni Ittehad Council not getting specific seats was heard, the hearing on the appeal filed by Sunni Ittehad Council for specific seats was heard by a three-member bench headed by Justice Mansoor Ali Shah, Justice Muhammad Ali Mazhar and Justice Athar Minullah. did
The federal government requested to constitute a larger bench. Justice Mansoor Ali Shah remarked that while the present case was being heard in appeal under Article 185 of the Constitution, the present case was not filed under Article 184/3.
Justice Mansoor Ali Shah said that now a decision has to be taken on the admissibility of the appeals. Advocate Faisal Siddiqui opened the arguments.
Objections were also raised on the bench by women members of assembly nominated for specific seats. The lawyer women MLAs told the court that this is a case of interpretation of Article 51 of the Constitution, the case can be heard by a 5-member bench under the Practice and Procedure Act.
The federal government also objected to the three-member bench, Additional Attorney General Aamir Rehman said that only a larger bench can hear the appeals. The court rejected the objection on the bench.
Justice Mansoor Ali Shah remarked that the preliminary hearing is now, if the appeals are declared admissible then any bench will hear them. Justice Mansoor Ali Shah said that a two-member bench can also conduct a hearing at this stage.
Lawyer Faisal Siddiqui said that PTI’s independent winning MLAs joined the Sunni Etihad Council, upon which Justice Mansoor Ali Shah inquired that the seven candidates are still part of the National Assembly as independents.
Justice Athar Manullah asked whether PTI is a registered political party. Faisal Siddiqui took the stand that PTI is a registered political party, on which Justice Mansoor Ali Shah remarked that it is a registered political party but did not participate in the election.
Justice Muhammad Ali Mazhar inquired that independent members have to join a party in how many days? On which lawyer Faisal Siddiqui said that independent members of the National Assembly have to join a political party within three days.
Justice Athar Manullah inquired that if a political party does not have an election symbol, will its candidates lose the right to represent? Faisal Siddiqui told the court that a political party can become a parliamentary party by participating in the elections, otherwise a political party may not participate in the elections and the members who won freely join the party.
Justice Mansoor Ali Shah asked that under what formula is the distribution of specific seats among political parties, will the political party take specific seats according to its won seats or can it take more? Faisal Siddiqui said that no political party can take reserved seats more than its proportion.
Justice Mansoor Ali Shah remarked that the larger bench will send his case to the Chief Justice. The Supreme Court issued a notice on Kanwal Shuzab’s request and said that the vote cast so far and the opinion in the legislation will not be considered suspended.
The order of the Supreme Court will not be applied from the past but from now, the hearing of the case will be on a daily basis from June 3, Justice Mansoor Ali Shah said that for the first time in the judicial history, the case of interpretation of Article 51 has come up. Referred the case related to reserved seats to the Judges Committee.