Islamabad, Pakistan: Independent candidates, supported by the Pakistan Tehreek-e-Insaf (PTI) party, secured an unexpected victory in the February 8 general elections, causing uncertainty among political factions, the establishment, and the Election Commission of Pakistan (ECP).
The public expected the ECP to release comprehensive election results within 14 days following the general elections. However, it has yet to finalize the decision regarding the allocation of reserved seats to independent candidates aligned with the Sunni Ittehad Council (SIC), who have entered the National Assembly. While the ECP has allocated reserved seats to other political parties, such as the Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples Party Parliamentarians (PPPP), and Muttahida Qaumi Movement-Pakistan (MQM-P), it has not yet finalized the allocation for the SIC-backed independents.
Official notifications reveal that the ECP has granted 19 women’s seats and four minority seats to PML-N, 12 women’s seats and two minority seats to PPPP, and four women’s seats and one minority seat to MQM-P. Additionally, one seat each has been allotted to other parties including Jamiat Ulema-e-Islam-Fazl (JUI-F), Pakistan Muslim League-Quaid (PML-Q), and independent political parties (IPP).
Discussions continue, with experts diverging on opinions regarding the allocation of reserved seats to PTI-backed candidates who have joined the SIC. Ahmed Bilal Mehboob, President of the Pakistan Institute of Legislative Development and Transparency (PILDAT), advocates for the allocation of reserved seats to the SIC.
Mehboob highlights the formation of a new parliamentary entity consequent to the significant integration of independent members into the SIC. He proposes a reassessment of procedural aspects such as the submission of priority lists for reserved seats.
Anticipating potential adjudication by the Supreme Court, regardless of the ECP’s stance, Mehboob proposes that if the ECP refrains from assigning reserved seats to the SIC, other parties within the respective assemblies could distribute these seats.
Regarding the timing of the ECP’s announcement on the allocation of remaining reserved seats, Mehboob observes the absence of a specific deadline. Furthermore, let’s highlight that independent candidates can only join parties with existing parliamentary representation and are prohibited from affiliating with parties lacking such representation. Renowned constitutional expert Hafiz Ehsaan Ahmad Khokhar asserts that the ECP has a legal obligation to allocate reserved seats based on the strength of each party in the respective house. Renowned constitutional expert Hafiz Ehsaan Ahmad Khokhar asserts that the ECP has a legal obligation to allocate reserved seats based on the strength of each party in the respective house.
Legal experts emphasize that independent candidates who secure seats in the National Assembly or provincial assemblies must affiliate with a political party possessing parliamentary representation within three days of their names appearing in the official gazette. Consequently, their seats count towards the total won by the respective political party for the allocation of reserved seats.
Renowned constitutional expert Hafiz Ehsaan Ahmad Khokhar asserts that the ECP has a legal obligation to allocate reserved seats based on the strength of each party in the respective house.
He underscores the necessity for political parties to adhere to the election schedule outlined by the ECP to be eligible for reserved seats.
Ehsaan further elaborates that once the nomination papers submission period has elapsed, parties cannot alter their lists for reserved seats, as stipulated by the Election Act, 2017 and Election Rules. Furthermore, parties that fail to submit lists within the specified timeframe or lack parliamentary representation are precluding themselves from submitting new lists for reserved seats.
In light of the evolving political landscape, legal experts anticipate that the interpretation of constitutional provisions and electoral laws will be subject to judicial scrutiny, possibly leading to landmark decisions by constitutional courts.
