A majority bench of the Supreme Court of Pakistan on Saturday warned the Election Commission of Pakistan (ECP) that non-implementation of its judgment on reserved seats would result in serious consequences.
The clarification comes after the electoral watchdog and Pakistan Tehreek-e-Insaf (PTI) filed petitions regarding the court's July 12 decision on the matter.
The eight-member bench, led by Justice Mansoor Ali Shah and comprising Justices Athar Minallah, Ayesha Malik, Muhammad Ali Mazhar, Hasan Azhar Rizvi, Shahid Waheed, and Irfan Saadat Khan, reiterated that there was no ambiguity in the original ruling.
According to the judges, the short order issued on July 12 was clear, and the Election Commission had unnecessarily complicated its interpretation.
"The judgment leaves no room for confusion, and any attempt to obscure the matter is rejected outright," read the court’s explanatory statement. The statement further emphasized that failure to comply with the court’s ruling would carry "serious consequences."
Recognition of PTI leadership
In the clarification, the court also acknowledged Barrister Gauhar Ali Khan as the legitimate Chairman of PTI, while Umar Ayub was recognized as the party’s General Secretary. This recognition has important implications for the ongoing political landscape, as it affirms PTI’s current leadership amid internal disputes.
The bench clarified that any seat won in the election would immediately be considered as belonging to the political party to which the candidate was affiliated at the time of the election, and no further action could alter this agreement.
The court emphasized that the Election Commission's issuance of a list of elected members is an administrative process meant to inform the public and all stakeholders. Failure to fulfil legal obligations, it warned, could lead to severe consequences for the ECP.
Directive for immediate implementation
In a strongly worded statement, the court directed the Election Commissioner to immediately implement the decision. The bench rejected attempts by the ECP to delay or seek further clarification, stating that the deprivation of an election symbol does not strip a political party of its rights. PTI, it reaffirmed, remains a registered political entity and holds seats in both the national and provincial assemblies.
The court’s explanation underscored that the Election Commission’s recognition of Barrister Gauhar as PTI’s Chairman is final, and any attempt to alter this recognition would be considered obstruction of justice.
"The Election Commission must act without delay. Asking for further explanation is tantamount to obstructing the court’s decision," the judges stated, making clear that PTI’s status as a political party remains intact.
The majority decision was delivered by a bench consisting of Justice Mansoor Ali Shah, Justice Athar Minallah, Justice Ayesha Malik, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Shahid Waheed, and Justice Irfan Saadat Khan.
