Categories Courts

PTI invokes SC jurisdiction against Election Act Amendment Bill

While challenging legality of recently approved Election Act Amendment Bill in the National Assembly on Wednesday Pakistan Tehreek-e-Insaf (PTI) urged the top court to grant a stay order against electoral watchdog action to allocate reserved seats to other political parties in the House.

Invoking Supreme Court (SC) jurisidiciton under Article 184(3) of the Constitution of Pakistan through Advocate Salman Akram Raja PTI Chairman Barrister Gohar Ali Khan made the federal government and the Election Commission of Pakistan (ECP) as respondents.

The National Assembly has approved the bill by a majority vote a day ago despite strong protests and objections from opposition parties. Petitioner urged the top court to declare recently approved Election Act Amendment Bill in the National Assembly null and void terming it  “unconstitutional and illegal”.
PTI has also moved the apex court to immediately halt the electoral watchdog from allocating reserved seats to other political parties.
“The PTI has already submitted lists for the reserved seats to the Election Commission,” the petition stated. The party demands that women and non-Muslim reserved seats be allotted to PTI, asserting their entitlement to these seats following the Supreme Court’s July 12 decision.
The top court’s July 12 decision, delivered by a 13-judge full bench, handed a major blow to Prime Minister Shehbaz Sharif’s ruling coalition by declaring that the opposition party PTI is entitled to reserved seats for women and non-Muslims.
A day ago , in a statement delivered on the floor of the National Assembly (NA), Gohar criticised the bill, asserting that it undermines democratic principles. “This parliament is indeed supreme, but the authority to interpret lies with the Supreme Court,” Gohar maintained.
He emphasised the PTI’s commitment to challenging what he described as a “politically motivated” piece of legislation.
On July 19, ECP announced its decision to implement the SC’s ruling which facilitated the PTI-backed MNAs to take part in the assembly’s proceedings under the umbrella of Pakistan Tehreek-e-Insaf (PTI) rather than the Sunni Ittehad Council (SIC).
In a press release, the electoral watchdog confirmed its commitment to comply with the court’s directive but instructed its legal team to identify any implementation obstacles promptly.

 

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

More From Author

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Khudayar Mohla, Peshawar High Court, PHC glacial ice case, illegal glacial ice harvesting Pakistan, glacier protection KP, snow transportation ban KP, environmental protection Pakistan, climate change Pakistan courts, Hazara glacier exploitation, Malakand glacier cutting, KP Environmental Protection Agency report, deputy commissioners KP directives, Upper Chitral glacier protection, Swat snow harvesting ban, Mansehra glacier preservation, Upper Dir environmental case, Upper Kurram glaciers, environmental litigation Pakistan, Tariq Afghan petition, PHC environmental orders, glacier conservation Pakistan, biodiversity protection KP, flood risk climate change Pakistan, commercial ice exploitation ban, snowbound districts KP, environmental laws enforcement Pakistan

PHC Directs 6 DCs to Protect Glacial Ice in Snowbound Districts

PESHAWAR: While hearing a petition from environmentalist Tariq Afghan – who sought a government crackdown…

Khudayar Mohla,Justice Musarrat Hilali, Chief Justice Yahya Afridi, Supreme Court Pakistan, SC verdict, wife dower rights, illegal second marriage, statutory cruelty, family law Pakistan, khula vs talaq, MFLO Section 6, DMMA Section 2(iia), family court ruling, Rs1.2 million dower, women legal rights

SC Protects Wife’s Dower in Illegal Second Marriage Case, Orders Rs1.2m Dower

ISLAMABAD : While declaring a woman entitled to receive Rs1.2 million as the remaining dower…

Supreme Court Pakistan, timely promotions, civil servants Pakistan, government inefficiency, administrative delays, Punjab Civil Servants Act, proforma promotion, Punjab Service Tribunal, Justice Ayesha Malik, Khudayar Mohla, employee rights, fair promotion

Administrative Inefficiency No Excuse for Delaying Promotions, SC

ISLAMABAD: The top court ruled on Thursday that procedural delays caused by administrative inefficiencies of…