A division bench comprising Justice Ishtiaq Ibrahim and Justice Shakeel Ahmed of Peshawar High Court heard allotment of reserved seats case and halted the members notified by the ECP on reserved seats in the National Assembly.
There is section 3 of Article 51 of the Constitution for reserved seats in the National Assembly
Provincial Assembly There is also a Provincial Assembly procedure under Article 106, counsel for the petitioner
KP Assembly has 115 general seats, 26 seats for women and four seats for minorities.
“The number of independent members in the KP Assembly is 98 while other parties have a total of 17 seats,” the petitioner prayed.
“Is this request confined to the Khyber Pakhtunkhwa Assembly, or is it for the entire country,” Justice Ishtiaq Ibrahim said.
“The Election Commission of Pakistan (ECP) has only one decision and appeal could be filed against the election decision,” the lawyer said.
He pleaded that allotment of remaining seats to other parties is not allowed by the Constitution.
“Whether the case against the decision of the ECP is admissible before the High Court, the court. Your position is that if these seats are not given to you then reserved seats could not be distributed to any other party,” Justice Shakeel Ahmed.
Justice Ishtiaq Ibrahim remarked: “If these specific seats could not be given to you, will they remain vacant. Has the notification been issued or not,” Justice Shakeel Ahmed asked the petitioner’s lawyer.
“The notification has been issued, we want those who have been given notices not to take oath,” the petitioner's lawyer pleaded.
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