Supreme Court Challenges ECP's Disqualification Power

In a recent full court session led by Chief Justice of Pakistan Qazi Faez Isa, Supreme Court Justice Athar Minallah made a significant statement emphasizing that the Election Commission of Pakistan (ECP) does not have the power to disqualify political parties from participating in elections. This statement came during a hearing where the Sunni Ittehad Council (SIC) challenged the Peshawar High Court's decision regarding reserved seats.

The court session, comprising a bench of 13 members, saw various justices raising crucial questions. Justice Muneeb inquired about SIC Chief Hamid Raza's party affiliation, while Justice Mandokhail questioned the scenario of candidates switching parties after withdrawing nomination papers.

The ECP's lawyer pointed out discrepancies in Raza's documents, highlighting that despite claiming association with PTI-Nazriati (PTI-N), he ran as an independent candidate without submitting the PTI-N ticket. Chief Justice Isa questioned the necessity of attaching a party affiliation certificate for election candidacy.

Justice Malik raised concerns about the ECP's practice of classifying candidates as independent even when they declare party affiliations. The court instructed the ECP to share the PTI's list of reserved seat candidates, along with their certificates and declarations, with other lawyers involved.

The issue stemmed from independent candidates backed by PTI, who later joined SIC, being denied reserved seats due to incomplete candidate list submissions. The Peshawar High Court upheld the ECP's decision, leading SIC to appeal to the Supreme Court. The Supreme Court suspended the PHC verdict and referred the case to a larger bench for constitutional interpretation.

During the proceedings, the ECP argued that SIC did not meet the criteria for reserved seats due to its exclusion of non-Muslims and late submission of candidate lists. Additionally, the PTI expressed interest in intervening in the case following allegations made.

The Supreme Court's ruling on the ECP's authority regarding political party disqualification sets a significant precedent in Pakistan's electoral landscape. This decision underscores the importance of adherence to election regulations and transparency in party affiliations, ensuring fair participation for all political entities.