The Supreme Court鈥檚 Constitutional Bench on Friday dismissed the petitions filed by the PTI in the reserved seats case, declaring that the party will not be eligible for them in the national and provincial assemblies.
The case was heard by a 10-member bench of the top court, headed by Justice Aminuddin Khan. The petitions were accepted by a majority of seven judges to five, with Justices Aminuddin Khan, Mussarat Hilali, Naeem Akhtar Afghan, Muhammad Hashim Khan Kakar, Amir Farooq and Aleem Hakim Najafi voting in favour.
Following the verdict, the decision of the Peshawar High Court was upheld, while the apex court鈥檚 July 2024 judgment was set aside. Accordingly, the PTI鈥檚 petitions were dismissed, making the party ineligible for the 39 reserved seats.
鈥淥n the first date of hearing 鈥 have dismissed all the usual petitions for detailed reasons to be recorded later subject to amplification or elucidation as will be deemed appropriate, by a majority of seven,鈥 Justice Khan said while reading the short order.
鈥淎ll review petitions are allowed. An impugned majority judgment dated July 12, 2024, is set aside. Petitions filed by the SIC are dismissed, and the judgment rendered by the Peshawar High Court is reinstated.鈥
Meanwhile, Justice Jamal Khan Mandokhail allowed review petitions and maintained his original order regarding 39 seats, but reviewed the majority judgment to the extent of 41 seats, according to the short order.
The reserved seats will now be allocated to other political parties, including PML-N, PPP, JUI-F, and other parties.
Reacting to the verdict in a post on X, the PTI termed the decision 鈥渢he funeral of constitutional, judicial traditions, and justice.鈥
In its July 12, 2024, short order, eight out of 13 judges ruled that 39 out of a list of 80 MNAs were and are the returned candidates of the PTI, setting it to emerge as the single largest party in the National Assembly.
However, the ruling had not been implemented by the National Assembly, while the Election Commission of Pakistan (ECP) had raised some objections. The review petitions against the SC order had been filed by the PML-N, the PPP and the ECP.
More to follow