| Citation(s) |
|---|
| 2025 SLG 4847 2025 SLD 4847 = 2025 SCP 356 |
Civil Review Petition No.312/2024 in C.A. No.333/2024 & Civil Review Petition No.313/2024 in C.A. No.334/2024 & Civil Review Petition No.319/2024 in C.A. No.333/2024 & Civil Review Petition No.320/2024 in C.A. No.334/2024 & Civil Review Petition No.331/2024 in C.A. No.333/2024 & Civil Review Petition No.332/2024 in C.A. No.334/2024 (For review of judgment of this court dated 12.07.2024 passed in C.A.No.333 & 334 of 2024) and Civil Review Petition No.1264/2024 in C.A. No.333/2024 (For review of judgment of this court dated 14.09.2024 passed in C.M.As. 7540 & 8139 of 2024 in C.A.No.333 & 334 of 2024) and Civil Review Petition No. 1272/2024 in C.A. No. 333/2024 (For review of judgment of this court dated 12.07.2024 passed in C.A.No.333 & 334 of 2024) and Civil Misc. Application No.5084/2025 in C.R.P. No.312/2024 (Application for impleadment of Govt. of KPK as party)
Justice Amin-ud-Din Khan, Senior Judge Justice Jamal Khan Mandokhail Justice Muhammad Ali Mazhar Justice Syed Hasan Azhar Rizvi Justice Musarrat Hilali Justice Naeem Akhter Afghan Justice Shahid Bilal Hassan Justice Muhammad Hashim Khan Kakar Justice Aamer Farooq Justice Ali Baqar Najaf
Mr. Sajeel Sheryar Swati, ASC Mr. Anis Muhammad Shahzad, AOR (in CRPs.312 & 319/2024)
Pakistan Muslim League (N) through its President Lahore and others (in C.R.P.312 & 313/2024) Pakistan People’s Party Parliamentarian (PPPP), Islamabad (in C.R.P.319 & 320/2024) Election Commission of Pakistan through its Secretary, Islamabad (in C.R.P.331, 332 & 1264/2024) Huma Akhtar Chughtai and others (in C.R.P. 1272/2024) ...Petitioners
VERSUS
Sunni Ittehad Council through its Chairman, Faisalabad and others (in all cases) ...Respondents
Law: Constitution of Pakistan, 1973
Section: 51,106,187,184(3), 185(3), 188,225
Law: Elections Act, 2017
Section: 57, 60, 62, 64, 67, 66, 104, 98, 94
Law: Supreme Court Rules, 1980
Section: XXVII-A
Summary:
The Supreme Court reviewed Civil Review Petitions against its majority judgment that had dismissed Sunni Ittehad Council's appeals but granted relief to Pakistan Tehreek-e-Insaf (PTI) regarding reserved seats allocation. The Court found procedural and jurisdictional errors in granting relief to PTI, which was not a party before the Court in lower forums. The majority judgment was set aside, reinstating the Peshawar High Court and Election Commission of Pakistan's original decisions denying Sunni Ittehad Council reserved seats. The Court emphasized constitutional timelines for independent candidates joining political parties, the mandate of election laws, the need for proper party lists for reserved seats, and upheld principles of due process and separation of powers. It held that reserved seats cannot be retroactively allocated outside statutory and constitutional frameworks.
Core Points:
- Review petitions arose from a majority judgment dismissing Sunni Ittehad Council (SIC) appeals but granting relief to PTI on reserved seats.
- The review bench set aside the majority judgment, restoring the Peshawar High Court and ECP orders.
- PTI was not a party before the ECP, PHC, or Supreme Court appeals but received relief without claiming it.
- Independent returned candidates joined SIC within constitutional timelines, but SIC was not entitled to reserved seats as it didn't win general seats or file candidate lists.
- Election laws and constitution mandate party candidate lists for reserved seats be publicly available before elections.
- The majority judgment transgressed judicial boundaries by rewriting constitutional and statutory frameworks.
- Election disputes must be initiated through election tribunals, respecting due process rights of returned candidates.
- Article 187 of the Constitution allowing "complete justice" was misapplied to grant relief to parties not before the Court.
- Composition of the constitutional bench raised concerns about impartiality and transparency due to nominations influenced by political parties.
- The Election Commission and courts must observe constitutional timelines and legal procedures for elections to reserved seats.
- The judgment reinforces separation of powers among judiciary, legislature, and election authorities in electoral matters.
Relevant Law and Section Table:
| Law/Constitutional Provision | Section/Article | Relevance/Description |
|---|---|---|
| Constitution of Pakistan | Article 51, Article 106 | Sets timelines and conditions for independent candidates joining parties and allocation of reserved seats in National & Provincial Assemblies |
| Constitution of Pakistan | Article 187 | Court's power to do complete justice, sparingly exercised |
| Constitution of Pakistan | Article 184(3), 185(3), 188 | Jurisdictional provisions for Supreme Court in election matters |
| Elections Act, 2017 | Sections 57, 60, 62, 64, 67, 66, 104, 98, 94 | Procedures for nomination, scrutiny, notifications, and election petitions |
| Election Rules, 2017 | Rule 94, Explanation | Regulates nomination and party affiliation for reserved seats |
| Supreme Court Rules, 1980 | Order XXVII-A, Order XXXIII | Civil Procedure for notices and review petition filing |
| Constitution of Pakistan | Article 225 | Mandates election disputes be challenged only through election tribunals |
J U D G M E N T