Amendment to Election Act Cannot Nullify July 12 Decision: Clarification from Majority Judges
Islamabad (Web News)
The majority judges of the Supreme Court have issued another clarification regarding the amendment to the Election Act, stating that the July 12 decision cannot be rendered ineffective by the amendment. However, the Election Commission is obligated to implement the Supreme Court’s majority decision regarding reserved seats.
The judges who delivered the majority decision include Justices Mansoor Ali Shah, Muneeb Akhtar, Muhammad Ali Mazhar, Shahid Waheed, Hassan Azhar Rizvi, Ayesha Malik, Irfan Saadat, and Athar Minallah. This clarification comes after the Election Commission requested further explanation on the matter. The two-page clarification emphasizes that the amendments made to the Election Act cannot retroactively invalidate the July 12 decision.
The majority judges noted that the Pakistan Tehreek-e-Insaf (PTI) and the Election Commission had sought clarification regarding the Election Act 2024. The Election Commission’s stance was that the brief ruling was based on a law that had been amended, including changes to sections 66 and 104, and the addition of section 104-A. On the other hand, PTI argued that the Supreme Court’s brief decision was based on the interpretation and implementation of constitutional provisions, and therefore, the amendments to the Election Act could not affect the ruling.
The judges further stated that after the issuance of the brief ruling on reserved seats, the Election Commission is not bound by any subsequent amendments regarding that decision. The Election Commission must adhere to the majority decision, and the amendments to the Election Act cannot invalidate the July 12 ruling. They reiterated that retroactive application of the amendments does not render the decision ineffective.
The majority judges also mentioned that they had previously issued a clarification before the detailed judgment to prevent any issues with implementation. Now that the detailed judgment has been issued, there is no need for further clarification, as it comprehensively addresses all legal and constitutional points.
The judges added that since both the Election Commission and PTI had submitted additional requests for clarification, they were issuing this further explanation to confirm that the amendments do not affect the ruling. The Election Commission must implement the decision without seeking further clarification.
It is noteworthy that in its brief July 12 ruling, the Supreme Court had overturned the Peshawar High Court and Election Commission’s decisions regarding reserved seats for the Sunni Ittehad Council and declared PTI as the rightful holder of those seats. Justice Qazi Faez Isa had announced that the decision was made with an 8/5 majority. The majority decision was given by Justices Mansoor Ali Shah, Muneeb Akhtar, Muhammad Ali Mazhar, Shahid Waheed, Hassan Azhar Rizvi, Ayesha Malik, Irfan Saadat, and Athar Minallah, while Chief Justice Qazi Faez Isa, Justices Jamal Mandokhail, Naeem Afghan, Ameenuddin Khan, and Yahya Afridi opposed the petitions.
After this ruling, the Election Act Amendment Bill was passed by the National Assembly amidst opposition protests on August 6, and it was challenged in the Lahore High Court on August 9. The Supreme Court had previously issued its first clarification, instructing the Election Commission to immediately implement the decision and recognize the PTI candidates who had submitted party certificates.