Major Legal Victory to Imran Khan’s PTI Party in Reserved Seats

The Supreme Court of Pakistan has delivered a significant legal triumph for the Pakistan Tehreek-e-Insaf (PTI) party, led by former Prime Minister Imran Khan. In an 8-5 ruling announced by a 13-member bench on Friday, the court declared PTI eligible for a share of reserved seats in both national and provincial assemblies. This ruling marks a notable setback for the current coalition government.

PTI leader Gohar Ali Khan hailed the Supreme Court’s decision as a victory for the rule of law. “This decision will be remembered in history.

The case was initiated by the Sunni Ittehad Council (SIC), a political party that PTI-backed candidates joined following the February 8 general election, which they were compelled to contest as independents. The Election Commission of Pakistan (ECP) had previously barred PTI from contesting the elections under its electoral symbol, a cricket bat, citing violations of electoral law. This decision forced PTI candidates to run independently, yet they managed to secure 93 seats in the National Assembly, outstripping other parties. The Pakistan Muslim League-Nawaz (PMLN) secured 75 seats, while the Pakistan People’s Party (PPP) obtained 54 seats.

In its brief order, the Supreme Court recognized PTI as a political party and affirmed that the absence of an electoral symbol does not negate a party’s legal rights to field candidates. “PTI was and is a political party, which secured general seats in the national and provincial assemblies in the general elections of 2024,” the verdict read. The court directed PTI to submit its list of names for reserved seats within two weeks. Additionally, PTI-backed candidates who joined SIC in the assembly are required to submit affidavits declaring their political affiliation within the same timeframe.

SIC currently holds 86 seats in the National Assembly, with four PTI-backed candidates opting to remain independents. Following the court’s decision, it is expected that just over 20 reserved seats will be allocated to PTI-backed candidates in the national legislature.

PTI leader Gohar Ali Khan hailed the Supreme Court’s decision as a victory for the rule of law. “This decision will be remembered in history. It’s a win for Pakistan’s democracy and restores our party’s rights,” he stated to the media post-ruling. Constitutional lawyer Rida Hosain also expressed support for the court’s decision, criticizing the ECP’s performance and questioning its impartiality and competence. “The order criticises the ECP for its conduct, which has been detrimental to Pakistan’s democratic process. The electoral watchdog has a constitutional duty to be independent and impartial, yet it acted against a major political party, unlawfully denying PTI its right to contest elections,” she commented to Al Jazeera.

Akram Khurram, an Islamabad-based lawyer specializing in electoral law, echoed these sentiments, highlighting the unanimous disapproval among judges regarding the ECP’s decision to bar PTI from using its symbol. “Every judge on the bench concluded that the ECP misinterpreted the Supreme Court’s verdict on PTI’s electoral symbol. The election body must take responsibility for the political crisis and legal complications arising from its decision,” he told Al Jazeera.

The Supreme Court’s ruling not only restores PTI’s rights but also raises significant questions about the ECP’s impartiality and competence. As PTI prepares to claim its reserved seats, the decision is seen as a pivotal moment for Pakistan’s democratic process and the rule of law. The ruling underscores the importance of fair and impartial electoral practices, setting a precedent for future elections in the country.