A Lahore High Court division bench on Monday adjourned hearing of an intra-court appeal of (ICA) of Pakistan Muslim League-Nawaz (PML-N) against a decision of a single bench wherein the Election Commission of Pakistan (ECP) was directed to notify members of the Pakistan Tehreek-i-Insaf (PTI) on five reserved seats in the Punjab Assembly.
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The appeal was fixed before a new division bench comprising Justice Abid Aziz Sheikh and Justice Muzamil Akhtar Shabir. Previously, another bench was hearing the appeal.
A counsel for the PTI sought time for the preparation of arguments while the bench asked the PML-N’s counsel to make necessary amendments in the appeal before putting off the hearing till Sept 19.
A single bench had allowed a petition of the PTI and ordered the ECP to issue a notification about the new MPAs on the reserved seats following the disqualification of 25 MPAs over defection during the election of Chief Minister Hamza Shehbaz.
The order of the single bench has also been complied with by the ECP.
The appeal of the PML-N argues that the impugned judgment by the single bench is a violation of articles 106(3)(c) and 224(6) of the Constitution. It says the reserved seats in the provincial assembly are allotted based on the number of general seats secured by each political party.
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It argues that once fresh election/by-poll for the general seats has taken place, only then can the quota of the reserved seats be recalculated and the vacant reserved seats be filled to truly reflect the strength of the political parties through proportional representation. The appeal asks the court to set aside the decision passed by the single bench.
