ISLAMABAD
Supreme Court (SC) has remarked Election Commission (EC) March 1 decision is in conflict with the constitution.
“ EC is guarantor of democratic process in the country and is fourth pillar of the government but EC failed in playing this role in February 2024. People’s vote is important ingredient of democratic governance. The powers of democracy lie with the people. Constitution empowers people to evolve its democratic way, this was said by SC in its 70-page detailed judgment on reserved seats.
The detailed judgment has been written by Justice Mansoor Ali Shah.
Order has been issued to release SC majority order on reserved seats case in Urdu. Urdu translation be made part of the record and be uploaded on website.
The detailed judgment said SC annuls Peshawar High Court (PHC) decision. The biggest stake in election is stake of people. Electoral dispute is different from other civil disputes basically. We tried to understand very much how so many independent can succeed in parliamentary democracy based on political parties. According to decision no satisfactory response was given to this question
PTI claimed the independent candidates were its candidates. The decision said EC March 01 decision has no legal standing. EC March 01 decision runs contrary to the constitution. SC expressed wonder over attitude of EC. Court said EC kept on contesting case as basic rival party. EC mandate is holding fair and transparent election. The court interference becomes must after conspicuous errors of EC in electoral process.
The decision said EC is guarantor of democratic process and fourth pillar of the government. EC failed in playing this role in February 2024. The decision said PTI is entitled to reserved seats. EC should notify PTI candidates on reserved seats.
SC made clarification on providing relief to the PTI.
He said PTI petition for becoming respondent in the case was before us.
PTI claimed independent candidates were its candidates and voters cast votes in their favor being candidates of PTI.
In this decision 8 judges expressed reservation over dissenting note of two judges,
Justice Amin ud Din Khan and Justice Naeem Afghan had declared July 12 majority decision in conflict with the constitution.
It has been said in the decision we tell with heavy hearts two judges justice Amin ud Din and Justice Naeem Afghan did not agree with our decision . The way they differed with the majority decision was not appropriate.
According to decision it seems as if the two judges crossed their limit. They warned 80 return candidates and ordered EC not to comply with the majority order which was decision of 13-member full bench of this court. Such observations undermine integrity of the highest institution of justice. It seems as if this process is a bid to impede court’s proceedings. The act of Justice Amin ud Din and Justice Naeem Akhtar Afghan is against the office of judges.
