Reserved seats: PTI approaches SC for contempt proceedings against ECP

The PTI submitted a contempt petition in the Supreme Court on Monday against the Election Commission of Pakistan (ECP) for not implementing the top court’s July 12 order in the reserved seats case.
On July 12, a 13-judge full bench of the apex court had declared that the opposition PTI was eligible to receive reserved seats for women and non-Muslims in the national and provincial assemblies, dealing a major setback to Prime Minister Shehbaz Sharif’s ruling coalition and potentially making the PTI the single largest party in both houses of Parliament.
The Supreme Court had also declared the PTI a parliamentary party. The majority judgement explained that 39 out of the 80 MNAs, shown by the ECP as PTI candidates, belonged to the party. The rest of the 41 independents would have to file duly signed and notarised statements before the commission within 15 days, explaining that they contested the February 8 general elections as a candidate of a particular political party.

Through many developments and admonitions by the apex court, the ECP has still not yet implemented the verdict.
A petition submitted by PTI Secretary General Salman Akram Raja today mentioned the chief election commissioner and provincial election commissioners as the respondents.

He argued that the court’s judgement and further two clarifications on its verdict “leave no doubt whatsoever” that the PTI was entitled to reserved seats.
Despite that, Raja said the ECP had yet to act upon the judgement and complete the process of electing lawmakers on reserved seats.
“This deliberate and contumacious failure to act in accordance with the judgment … renders the chief election commissioner as well as the four members of the ECP liable to proceedings for the contempt of the judgment of this honourable court,” he argued.
The PTI secretary general requested that contempt of court proceedings be initiated against the ECP and it be directed to comply with the July 12 verdict.
The move comes a day after National Assembly Speaker Sardar Ayaz Sadiq said that he would not follow the order on the reserved seats case, stating that he would wait for a decision by the ECP before taking action.
“It is the Election Commission’s job to notify members,” Sadiq said. “If we start listening to courts, there are many decisions … We won’t do it on the court’s order, we will wait for the ECP to notify it,” he added.
The speaker added that he would receive court orders, but would not act on them, instead, he would wait for a notification from the ECP.
Similarly, ex-chief justice of Pakistan Qazi Faez Isa last week ruled that the implementation of the verdict was not binding since the appeals against it were not decided.
“Since the appeals were not finally decided there was no decision which could be stated to be binding, in terms of Article 189 of the Constitution. Similarly, contempt of court proceedings for any non-compliance of the ‘order of the court’, under Article 204 of the Constitution, cannot be initiated,” he had said.