SIC Not Eligible for Reserved Seats, Says Supreme Court Judge
ISLAMABAD: The Supreme Court has observed that the Sunni Ittehad Council (SIC) is not entitled to claim reserved seats, raising questions about how independent candidates can join a political party that didn’t contest the general elections or hold any seats in Parliament.
An 11-member constitutional bench, led by Justice Aminuddin Khan, held a live-streamed hearing on Monday regarding the allocation of reserved seats. Justice Musarrat Hilali questioned, “How can independents join a party not in Parliament? Did SIC even take part in the elections?”
The court pointed out that reserved seats are distributed based on a party’s performance in the general elections. Since SIC did not contest the 2024 elections, the judges questioned its eligibility for claiming these seats.
Senior lawyer Makhdoom Ali Khan, representing de-notified women MNAs, argued that the Election Commission of Pakistan (ECP) had de-notified the elected members without any prior notice. He added that the Supreme Court’s previous ruling had not referenced Article 225 of the Constitution, which deals with election disputes.
However, the bench clarified that this case is about proportional representation, not a direct election, making Article 225 less relevant.
Justice Jamal Khan Mandokhail stated clearly that the SIC is not eligible for reserved seats.
The hearing will continue on Tuesday, with the SIC’s legal team expected to present their arguments.
Background
This case stems from a Supreme Court ruling on July 12, 2024, which recognized 39 independent MNAs as PTI candidates. If fully implemented, this ruling would make PTI the largest party in the National Assembly. However, the ECP and the National Assembly have yet to act on the ruling, and multiple review petitions have been filed by PML-N, PPP, and the ECP.
The Supreme Court has previously criticized the ECP for “unlawful acts” that created confusion and harmed PTI’s electoral rights. A detailed verdict in September 2024 accused the ECP of failing in its duty as an impartial institution.
Justice Mansoor Ali Shah emphasized in later rulings that no legal amendment can override the court’s decision on reserved seats.
