| Citation(s) |
|---|
| 2025 SLG 4816 2025 SLD 4816 = 2025 SCP 429 |
Civil Misc. Application Nos. 3611, 3612 & 3640 of 2025
Law: Constitution of Pakistan, 1973
Section: 187,188,191A,51(6)(d) & (e),63A(1)
Law: Election Act, 2017
Section: 68,94
Tagline : The judgment under review to the extent of 41 candidates is in excess of the power granted to the Supreme Court by Article 187 of the Constitution. The judgment under review to the extent of declaring 41 candidates as independents, with further relief of providing them fifteen days’ time with an option to join any other party, is an error of the Constitution and law, as well as an error of facts floating on the surface of the record.
Summary
The Supreme Court reviewed its earlier judgment concerning 80 candidates from the 2024 elections, affirming the PTI affiliation of 39 candidates but rejecting the declaration of 41 candidates as independents with an option to join any party, finding this beyond the Court's power under Article 187. The Court emphasized the incorrect actions by Returning Officers and the Election Commission in candidate classification and reserved seat allocation, mandating a fresh review of candidate affiliations to comply strictly with constitutional mandates.
Core Points
- Judgment exceeded Supreme Court’s power under Article 187 for 41 candidates.
- Twenty-Sixth Constitutional Amendment changed Supreme Court bench composition and jurisdiction.
- Civil Review Petitions (CRPs) transferred to Constitutional Benches as per Article 191A, overriding Supreme Court Rules.
- Returning Officers illegally declared 39 PTI-affiliated candidates as independents, violating nomination papers.
- 41 candidates legitimately declared themselves independents; their status was undisputed.
- Majority judgment erred by allowing 41 independents the option to join any party post-election.
- Article 63A(1) prohibits candidates from switching political parties post-election without consequences.
- Supreme Court’s review power under Article 188 is limited to correcting errors apparent on record.
- Ordered de novo examination of all 80 candidates' affiliations for proper allocation of reserved seats.
Laws and Sections
| Law/Section | Description |
|---|---|
| Article 187, Constitution | Power of Supreme Court to do complete justice through review. |
| Article 188, Constitution | Review jurisdiction of Supreme Court on its judgments or orders. |
| Article 191A, Constitution | Establishment and composition of Constitutional Benches in Supreme Court. |
| Article 51(6)(d) & (e), Constitution | Reserved seats allocation based on party affiliations and proportional representation. |
| Article 63A(1), Constitution | Disqualification for changing political party post-election. |
| Section 68, Election Act 2017 | Powers of Returning Officers in elections. |
| Rule 8, Order XXVI, SCRs 1980 | Procedure for review applications before the same bench. |
| Rule 94, Election Rules 2017 | Provision relating to election symbol refusal. |
| Supreme Court (Practice & Procedure) Act 2023 | Constitution and functions of committees for bench formation. |
Facts: