The Election Commission of Pakistan (ECP) Thursday ruled that the allocation of reserved seats – three women and two minorities – would be notified after conclusion of by-election for 20 vacant Punjab Assembly seats. The seats fell vacant after the ECP de-notified 25 PTI dissident MPAs who had voted for PML-N leader Hamza Shehbaz during the election for chief minister.
A five-member bench of the Commission had reserved its verdict earlier in the day on the directions of Lahore High Court (LHC) which the PTI had moved last week for notifying new MPAs on the reserved seats. In a bid to secure the reserved seats, the PTI had asked the ECP to issue the notification based on the current numbers in the Punjab Assembly, but the election body ruled that it would notify the allocation of reserved seats once the by-election takes place on June 17 – and the new party position is formed, says a news report. The by-elections will take place on PP-7, PP-83, PP-90, PP-97, PP-125, PP-127, PP-140, PP-158, PP-167, PP-168, PP-170, PP-202, PP-217, PP-224, PP-228, PP-237, PP-272, PP-273, PP-282 Layyah, and PP-288. During the hearing, PTI’s counsel Faisal Chaudhry argued that if a lawmaker was disqualified under Article 63(A) of the Constitution, it was obligatory to notify another person on the reserved seat from the same party. He maintained that the ECP had to issue a notification “immediately” in this regard under Article-224(6), adding that the PML-N in Punjab does not have the majority and, therefore, does not deserve to rule. “In its plea, the PML-N misinterpreted the Constitution,” the PTI’s lawyer argued, adding that nominations are made on the reserved seats under Article 106. Faisal Chaudhry argued that no change could be made in the number of reserved seats under Section 104 of the Election Act, 2017. For his part, PML-N’s lawyer Khalid Ishaq contended that the Election Commission should notify new MPAs following the current proportion in the Punjab Assembly.
“Article 226 can be read in conjunction with Article 106,” he said, citing that no clause can be read separately.
The PML-N’s lawyer highlighted that the electoral college is not complete for reserved seats hence Article 226 is not applicable.
“The Election Commission would have to consider the principle of proportional representation while nominating MPAs,” he said.
Presenting his argument, Attorney-General of Pakistan Ashtar Ausaf said that a decision, in this case, will have far-reaching consequences.
“Twenty of PTI’s seats have been reduced, after which they cannot have the same proportion. Nobody can tell which party will be successful in by-elections.”
The attorney-general said it would be “more appropriate” if the ECP waited until the by-elections.
