The Peshawar High Court (PHC) has issued a stay order, temporarily barring newly selected members on reserved seats from taking oath in the provincial assembly.A two-member bench comprising Justice Syed Arshad Ali and Justice Dr. Khurshid Iqbal heard the petition filed by Pakistan Tehreek-e-Insaf Parliamentarians (PTI-P) challenging the allocation of reserved seats.

The petitioner's counsel, Advocate Sultan Muhammad Khan, argued that the Election Commission miscalculated the allocation of reserved seats, stating that PTI-P, which held two general seats in the provincial assembly, was wrongfully granted only one women’s reserved seat.When questioned by the bench, the lawyer confirmed that PTI-P had submitted its priority list for the reserved seats. He further maintained that PTI-P was entitled to two women’s seats and one minority seat.

The petitioner requested that the oath-taking of members on these disputed reserved seats be halted. In response, the court issued notices to the Election Commission and directed that no oath be administered to the concerned members until the next hearing. On Friday, the Supreme Court’s constitutional bench ruled that the Pakistan PTI was not entitled to seats reserved for women and minorities in the national and provincial assemblies.

The court, in a 7-3 majority decision, accepted the review petitions, nullifying the July 12 judgment while upholding the decision of the Peshawar High Court. “Initially, this Constitutional Bench was constituted for the hearing of the aforesaid review petitions by 13 honourable Judges of this Court, but two of them — Justice Ayesha A Malik and Justice Aqeel Ahmed Abbasi — on the first date of hearing dismissed all the review petitions,” the short order read.

“For detailed reasons to be recorded later, by majority of seven, all civil review petitions are allowed and the impugned majority judgment dated July 12, 2024, is set aside,” the order read. “As a consequence thereof, Civil Appeals number 333 of 2024 and 334 of 2024 filed by the SIC are dismissed and the judgment rendered by the Peshawar High Court is restored.”

The Sunni Ittehad Council (SIC) petitioned the Supreme Court of Pakistan, requesting that the final decision in the reserved seats review case be reissued as an Order of the Court bearing signatures from all 12 judges of the bench.

Credit: Independent News Pakistan (INP)