PHC voids notifications on reserved seats in KP

PESHAWAR: The Peshawar High Court on Tuesday declared null and void the 2024 notifications issued by the Election Commission of Pakistan (ECP) about reserved seats for women and minorities in the Khyber Pakhtunkhwa Assembly.

The court directed the ECP to hear all relevant political parties again and reallocate the seats within 10 days. It also ordered that, until the new decision is made, the two women MPAs from Jamiat Ulema-e-Islam-Fazl (JUIF) should not be de-notified.

The bench, comprising Justice Syed Arshad Ali and Justice Dr Khurshid Iqbal, issued a brief written order after hearing the case. The court also declared that the ECP’s deadline of February 22, 2024 for independent candidates to join a political party was unconstitutional.

Barristers Amir Javed and Saqib Raza represented the Pakistan Muslim League-Nawaz (PMLN).

Special Secretary Law for ECP Muhammad Arshad and Mohsin Kamran, as well as counsels for JUIF’s minority MPA Gurjal Singh, appeared during the hearing.

Barrister Amir Javed told the court that the PMLN had won seven seats in the KP Assembly, but the ECP had allotted 10 reserved seats to JUI-F, which also had seven seats, while PMLN was given only eight reserved seats.

He argued that the ECP allotted seats based on six PMLN seats, ignoring the seventh seat won by an independent candidate who joined the party within three days — a move he claimed was against fair seat distribution.

Barrister Amir Javed requested the court to annul the ECP notifications and restrain the oath-taking of the MPAs on reserved seats until the final decision.

The JUIF’s counsel referred to a Supreme Court judgment and argued that the 2024 ECP notification on women’s seats had not been challenged in a separate petition.

Justice Arshad Ali asked the ECP how it could allocate reserved seats when the process was not finalized. The special secretary for Law explained that the assembly session must be held within 21 days after elections.

Justice Arshad questioned the logic of giving five seats based on the party position as of February 22 and the rest in March, calling it illogical and contradictory.

The ECP counsel stated that the PMLN had already filed a petition on July 1, which was decided and disposed of.

However, Barrister Amir Javed demanded that if JUIF received 10 reserved seats for seven general seats, then PMLN should receive the same — meaning both parties should be allotted nine reserved seats. He demanded that the fourth minority seat be decided through a draw since both parties had equal representation.

The court observed that the ECP’s February 22 notification violated Article 106 of the Constitution, the Election Act 2017 and the Election Rules. It also ordered a review and revision of the March 4, 2024 notification under which 20 women’s reserved seats were notified. Furthermore, the court annulled the March 26, 2024 notification under which Gurjal Singh was allocated a minority seat.

Meanwhile, the Jamiat Ulema-e-Islam-Fazl (JUIF) has announced fielding party’s provincial secretary general Maulana Attaul Haq Dervesh for contesting Senate elections on general category and Dilawar Khan on technocrat seat. The decision was made during a session of the party’s provincial executive council held here on Tuesday with its provincial president Senator Maulana Attaur Rehman in the chair.

The meeting discussed the upcoming Senate elections, organisational matters and the conferences planned for central and southern districts.

On the other hand, Adviser to Khyber Pakhtunkhwa chief minister on Information Barrister Muhammad Saif has urged JUIF chief Maulana Fazlur Rehman to show moral courage and refuse to accept the reserved seats.

“If the opposition parties have even the slightest moral courage, they will refuse to take reserved seats which are only PTI’s right but have been put up for auction,” said Saif. “Fazlur Rehman should also show moral courage like (ANP’s) Amir Haider Hoti,” the KP CM’s aide said while welcoming the latter’s statement on not accepting the reserved seats.

Barrister Saif recalled that Maulana Fazl had abandoned the PTI during the 26th Constitutional Amendment as well. “First the mandate of PTI was stolen through Form 47 and now the reserved seats are also being distributed among others,” Saif remarked.

He further said that the federal government has used every tactic to eliminate the PTI but has failed nevertheless.