Dissenting note: CJP Isa, Justice Mandokhail declare Sunni Ittehad Council is not entitled to reserved seats

ISLAMABAD: In a dissenting opinion regarding the reserved seats case, Chief Justice of Pakistan Qazi Faez Isa and Justice Jamal Khan Mandokhail declared that the Sunni Ittehad Council (SIC) is not entitled to reserved seats.

The 17-page dissent emphasized that the SIC did not participate in the 2024 General Elections and has no legitimate claim to reserved seats, as it failed to secure any seats in the National Assembly or Provincial Assemblies.

Additionally, SIC did not submit a list of candidates for seats reserved for women and non-Muslims. As a result, the dissent supported the Election Commission of Pakistan’s (ECP) decision from March 1, 2024, which denied SIC’s claim to these seats.

The dissenting note cited Article 51(3) of Pakistan’s Constitution, which allocates 326 seats in the National Assembly, including 60 for women and 10 for non-Muslims. The Constitution guarantees these seats, and they are filled through a proportional representation system based on each political party’s general seats. According to Article 224(6), reserved seats cannot be left vacant and must be filled.

The dissent further stated that candidates who had declared themselves as independents by the deadline of December 24, 2023, would remain independent, and SIC has the right to include independent members in its ranks. Those who joined SIC did so voluntarily, and the Court had no reason to believe otherwise, as no evidence of coercion or misunderstanding was presented.