In a critical observation during the reserved seats case, the Supreme Court of Pakistan questioned the legality of independent candidates joining a party like the Sunni Ittehad Council (SIC), which did not contest the general elections. An 11-member constitutional bench, led by Justice Amin-ud-Din Khan, heard the case in a live-streamed session on Monday.

SIC’s Electoral Standing Questioned

Justice Musarrat Hilali bluntly asked whether SIC had even contested the 2024 general elections. The bench repeatedly emphasized that a party with no parliamentary presence cannot legally claim reserved seats. The issue arose after several independent candidates, supported by Pakistan Tehreek-e-Insaf (PTI), aligned themselves with the SIC post-election.

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No Notice Before De-Notification

Senior lawyer Makhdoom Ali Khan, representing de-notified women MNAs, argued that the elected members were removed from their seats without any formal notice. He added that SIC’s initial appeal had been dismissed unanimously and questioned the process through which reserved seats were stripped.

Focus on Proportional Representation

Justice Hilali reminded the court that reserved seats are based on proportional representation and party performance in elections. She noted the Election Commission of Pakistan (ECP)’s earlier notification had been declared invalid. The bench also debated the relevance of Article 225, which limits judicial interference in election matters, noting that it might not apply in cases involving proportional representation.

Court Stands Firm Against ECP

The court reiterated its strong criticism of the ECP’s handling of the issue. A September 23, 2024 verdict had accused the ECP of “numerous unlawful acts” that damaged PTI’s electoral position and confused voters. Justice Mansoor Ali Shah further clarified in October that changes to the Elections Act 2017 could not undo the court’s earlier ruling.

PTI’s Strength at Stake

At the center of the controversy lies the July 12, 2024 ruling, which, if implemented, would confirm PTI as the largest party in Parliament. However, its enforcement remains delayed due to resistance from the ECP and review petitions filed by the PML-N and PPP.

The hearing resumes Tuesday, with SIC’s counsel expected to present arguments.

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