Law: Election Act, 2017

Section: 104

Law: Constitution of Pakistan, 1973

Section: 51(6)(d),(E),106(3)(C)

ORDER

 Sunni Ittehad Council (“SIC”), a registered political party, along with its Chairman, Sahibzada Muhammad Hamid Raza, moved the constitutional jurisdiction of the Peshawar High Court1 seeking, inter alia, to challenge the refusal of the Election Commission of Pakistan (“ECP”) to allocate reserved seats for women and non-Muslims in the National Assembly and Provincial Assemblies to SIC, and to question the allocation of these reserved seats by ECP to other political parties in terms of Notification No. F.5(1)/2024-Cord and Notification No. F.5(4)/2024-Cord both dated 04.03.2024 (“Impugned Notifications”), and to declare Section 104 of the Elections Act, 2017 (“Act”) to be ultra vires to the Constitution of Islamic Republic of Pakistan, 1973 (“Constitution”).

Impugned Judgment