ISLAMABAD: The Election Amendment Act of 2024 has been challenged in the Supreme Court by Pakistan Tehreek-e-Insaf (PTI). According to specifics, PTI chairman Barrister Gohar asked the court to declare the amending act illegal and unconstitutional in a constitutional suit filed under Article 184(3) of the Constitution.
PTI has added the Election Commission and the federal government as parties to the case. Additionally, the party has asked the court to stop the Election Commission from giving reserved seats to other political parties right now. Furthermore, as PTI has already provided the Election Commission with the necessary lists, the party has sought the court to order the party to be assigned reserved seats for women and minorities.
The party contended that it has a legal entitlement to the reserved seats in light of the ruling on July 12. PTI has demanded that the Supreme Court take up the case and grant them relief.
Election Act Amendment Bill 2024 was adopted by the National Assembly (NA) yesterday. Legislator Bilal Azhar Kiyani of the Pakistan Muslim League-Nawaz (PML-N) introduced the measure in the lower house of parliament. It sought to modify the Elections Act 2017 to prevent parliamentarians from subsequently switching their party allegiance.
The opposition threw copies of the house agenda in protest against the passed Election Act Amendment Bill 2024. The bill states that after joining a party within three days of winning an election, MPs are not allowed to switch parties. Additionally, a party that did not win a single seat in the election cannot be awarded reserved seats.
After the SC granted the Pakistan Tehreek-e-Insaf reserved seats, legislation was passed. The Peshawar High Court (PHC) had supported the Election Commission of Pakistan’s (ECP) decision to deny the SIC the reserved seats. However, Justice Mansoor Ali Shah issued the 8-5 majority finding that overturned the PHC’s decision. The ruling coalition led by Prime Minister Shehbaz Sharif suffered a significant blow when a 13-member bench of the highest court, presided over by Chief Justice Qazi Faez Isa, decided that the PTI is entitled to reserved seats.
The majority decision was opposed by Justice Jamal Mandokhail, Justice Naeem Afghan, Justice Yahya Afridi, Chief Justice of Pakistan (CJP) Qazi Faez Isa, and Justice Ameenuddin Khan.
