The Supreme Court of Pakistan released its detailed judgement in the reserved seats case on Monday.The judegement, written by Justice Mansoor Ali Shah, is 70 pages long.
The decision says that the case before the court was not an ordinary one but was instead a matter of high public importance.
The decision said the matter was not decided on the basis of assumptions but to allow the matter to be settled in a concrete matter.
“Instead of deciding such an important matter, which essentially relates to the right and value of the votes of millions of voters, merely on assumptions, presumptions or oral statements, this fact should be determined with certain and concrete material: (i) the written statement (declaration) by the returned candidate concerned, and (ii) its written confirmation (certificate) by PTI,” the decision reads.
The judgement also says that the ECP must ensure transparency in the elections to ensure public trust in the system.
“We find it important to emphasize that the Commission, as a constitutional “electoral management body”, is not merely an administrative entity but a fundamental “guarantor institution” of democratic processes, with a constitutional status akin to a “fourth branch of government,” the judgement said.
The judgement also added that the ECP, as a guarantor, cannot challenge the court order as an aggrieved person and contest the case as a party.
“… a body performing its quasi-judicial function in a matter between two rival parties cannot be treated as an aggrieved person if its decision is set aside or modified by a higher forum or by a court of competent jurisdiction. Such a body, therefore, does not have locus standi to challenge the decision of that higher forum or court.”
The decision in the reserved seats case was announced by a full court bench on July 12. By a majority of 8 judges, the bench had awarded reserved seats to the Pakistan Tehreek-e-Insaf.
The judgement had laid waste to the ruling coalition’s hopes for securing two-thirds majority in the National Assembly.
However, several members of the ruling coalition had termed the decision as a ‘rewriting’ of the constitution. The government had also brough changes to the Election Act soon after.
