LHC orders ECP to issue notification of reserved seats of PTI

• LHC on Monday directed the Election Commission of Pakistan (ECP) to issue a notification of five reserved seats
• Justice Shahid Waheed issued the order while accepting the petitions filed by PTI MPA Zainab Umair

The Lahore High Court (LHC) on Monday directed the Election Commission of Pakistan (ECP) to issue a notification of five reserved seats of the MPAs after the disqualification of 25 MPAs who defected in the election of Chief Minister Hamza Shehbaz.

Justice Shahid Waheed issued the order while accepting the petitions filed by Pakistan Tehreek-i-Insaf (PTI) MPA Zainab Umair and others challenging a decision of the ECP wherein the matter of the notification of her party’s MPAs against five reserved seats was deferred until the by-polls on the 20 general seats scheduled for July 17.

Petitioner’s counsel Azhar Siddique argued before the court that although the ECP had vast powers it could not assume the role of the court to interpret any law. He said the impugned decision of the ECP showed that it had been passed while assuming the role of the court.

He said the malafide on the part of the respondents was evident from the fact that despite knowing that reserved seats were to be filled in forthwith, declined to exercise their powers vested under articles 224 & 106 of the Constitution.

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The counsel argued that the ECP passed the impugned decision that had been issued in violation of the fundamental rights of the petitioner. He said the ECP showed its clear malafide by seeking assistance from the attorney general of Pakistan and advocate general of Punjab as both law officers were supposed to defend the opinion of PML-N.

He asked the court to set aside the impugned order and further direct the ECP to immediately issue the notifications for the five elected MPAs for the reserved seats as the list had already been provided by her political party.
After hearing the arguments, Justice Waheed ordered ECP to issue the notification on five reserved seats of the Punjab assembly.