The Peshawar High Court has halted the swearing-in of elected members on reserved seats in Khyber Pakhtunkhwa in response to a petition filed by the Sunni Ittehad Council.
Court's Decision
According to The World Echo, the Peshawar High Court issued a stay order on the petition challenging the decision to not reserve specific seats, thereby securing a safe decision. Additionally, the court instructed the Speaker of the National Assembly not to administer oaths to members until tomorrow and directed the Election Commission to submit responses by then.
Legal Questions Raised
The court's decision raises legal questions: does the court have the authority to delay the decision? Can the Peshawar High Court be approached for specific seat allocations? Furthermore, the court has issued notices to the Attorney General and Advocate General to constitute a larger bench under the Chief Justice to assist the court.
Arguments Presented
During the hearing, the Pakistan Tehreek-e-Insaf's lawyer, Judge Anwar, argued that PTI candidates contested elections independently, securing seats, and later joined the Sunni Ittehad Council. In Khyber Pakhtunkhwa, 21 special seats for women and 4 for minorities were divided among other parties.
Clarifications
Judge Ishtiaq Ibrahim inquired whether these seats are limited to the provincial assembly or also include the national assembly, to which the lawyer replied that the Election Commission made a uniform decision for both.
Final Decision
The court, considering the arguments, has preserved the decision to halt the distribution of reserved seats by the Election Commission.
Written Order Issued
Subsequently, the Peshawar High Court issued a comprehensive written order comprising four pages on the case against the decision to not allocate specific reserved seats.
Questions Raised in the Order
The order addresses various questions raised by lawyers, including the authority of the court in the matter, the petitioner's rights, and the interpretation of the Constitution and Election Act regarding seat allocations.
Further Actions
Furthermore, notices have been issued to the Attorney General and Advocate General to constitute a larger bench and assist in legal matters. The Speaker of the National Assembly has also been directed not to administer oaths to unelected members until further orders.