In light of recent events, there is cautious optimism that the judiciary has begun to address the controversies surrounding the general election. After a series of contentious decisions by the Election Commission of Pakistan, which appeared to distort or undermine the public mandate, the judiciary has intervened to scrutinize the electoral body’s actions.
A three-member bench of the Supreme Court entertained a petition on Monday challenging an ECP decision to allocate more reserved seats to certain political parties than they were legally entitled to. The court suspended the decision pending further review. The petition was filed by the Sunni Ittehad Council, contesting the denial of its right to 78 reserved seats in various assemblies by the ECP and Peshawar High Court.
The interim order from the Supreme Court suggests that the judges were skeptical of the government and ECP’s rationale for reallocating the seats. They observed that the decision appeared to distort the public mandate and lacked legal precedent or justification, necessitating a constitutional interpretation.
The matter has been referred to the apex committee of the Supreme Court to form a larger bench. Meanwhile, the interim order has halted any government attempts to amend the Constitution with the two-thirds majority obtained in the Lower House due to the ECP’s decision.
Another significant question arises regarding the recent Senate elections, in which lawmakers occupying the challenged seats also participated. If the Supreme Court invalidates the ECP’s decision, could the Senate election be challenged on similar grounds? This scenario would pose a significant challenge to the government’s legitimacy. Ultimately, any repercussions from such a situation would fall on the ECP.
It is evident that the entire electoral process, from polling to the formation of assemblies and Senate elections, has been mishandled. The electoral watchdog’s focus on penalizing one party has overshadowed its own missteps. It is incumbent upon the ECP to address the consequences of its actions.
