livelawpk.com - The Denial of an Election Symbol --- Effects

The Denial of an Election Symbol does not affect a Political Party's Constitutional Right to Participate in Elections and Field Candidates --- Supreme Court of Pakistan

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The Denial of an Election Symbol does not affect a Political Party's Constitutional Right to Participate in Elections and Field Candidates --- Supreme Court of Pakistan

Islamabad 18-07-2024: In a landmark decision, the Supreme Court of Pakistan set aside a March 25, 2024, judgment by the Full Bench of the High Court, ruling it inconsistent with constitutional principles. The Apex Court declared the Election Commission of Pakistan’s (ECP) order dated 01-03-2024, as ultra vires the Constitution, without lawful authority, and of no legal effect.

The Supreme Court’s decision also quashed various notifications that declared certain individuals as returned candidates for reserved seats for women and minorities in the National and Provincial Assemblies. These notifications were deemed to lack constitutional authority and were invalidated effective from May 6, 2024.

The Court emphasized that the denial of an election symbol does not affect a political party's constitutional right to participate in elections and field candidates. The ECP is mandated to interpret and apply all statutory provisions in alignment with constitutional rights.

Recognizing the Pakistan Tehreek e Insaf (PTI) as a political party that secured general seats in the 2024 General Elections, the court validated a list provided by the ECP. This list contained 80 returned candidates for the National Assembly, detailing their election particulars and party affiliations.

Out of these 80 candidates, 39 were confirmed as PTI candidates based on the ECP's verification. The remaining 41 candidates have been given a 15-working-day window to file notarized statements confirming their political affiliation, which the respective parties must verify.

Furthermore, the Supreme Court directed that the allocation of reserved seats for women and minorities in the National Assembly must be proportionate to the general seats secured by each party. PTI is required to submit its list of candidates for these reserved seats within 15 working days.

These principles will apply similarly to the Provincial Assemblies of Khyber Pakhtunkhwa, Punjab, and Sindh, ensuring uniformity and adherence to constitutional mandates. The Supreme Court has mandated the ECP to issue updated lists and compliance reports, maintaining transparency and prompt action in confirming candidature and seat allocation.

This ruling underscores the Supreme Court's commitment to upholding constitutional principles and ensuring fair and lawful electoral processes in Pakistan.