Supreme Court Bench Overturns PTI’s Reserved Seats Ruling, Restores PHC Verdict
ISLAMABAD: In a significant legal development, the Constitutional Bench (CB) of the Supreme Court has overturned its previous ruling on the distribution of reserved seats, effectively stripping the Pakistan Tehreek-e-Insaf (PTI) of 77 seats across the National and Provincial Assemblies. These seats will now be redistributed among other parliamentary parties.
Key Highlights:
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7 judges fully allowed review petitions filed by the Election Commission of Pakistan (ECP), PML-N, and others.
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3 judges partially accepted the petitions.
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The original ruling by the Peshawar High Court (PHC) — denying reserved seats to PTI-backed independents — has been restored.
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This decision nullifies the Supreme Court’s July 12, 2024 verdict which had allowed PTI to claim reserved seats.
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The ruling coalition now moves closer to securing a two-thirds majority in the National Assembly.
Background of the Case
The controversy began after PTI-backed independents joined the Sunni Ittehad Council (SIC) following the February 8, 2024 general elections. The PHC had ruled on March 25, 2024, that the SIC could not claim reserved seats, a decision initially overturned by the Supreme Court in July.
However, following review petitions by the ECP, PML-N, and PPP, the CB, led by Justice Amin-ud-Din Khan, ruled in favor of restoring the PHC verdict.
Judicial Opinions
Those supporting the reversal include Justices:
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Musarrat Hilali
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Naeem Akhter Afghan
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Shahid Bilal Hassan
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Muhammad Hashim Khan Kakar
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Aamer Farooq
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Ali Baqar Najafi
Justices Muhammad Ali Mazhar and Syed Hasan Azhar Rizvi, who previously supported PTI’s eligibility, also revised their stance, urging the ECP to reassess the eligibility of the 80 independent candidates.
Justice Jamal Khan Mandokhail upheld that 39 PTI-backed candidates could be counted as a parliamentary group but reviewed the ruling on the remaining 41 candidates.
Impact on the National Assembly
A senior legal expert clarified that PTI will now no longer be considered a parliamentary party, making the 77 reserved seats — 22 of which are in the National Assembly — eligible for redistribution among other parties.
Breakdown of Reserved Seats in NA:
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PML-N: Gains 15 seats (raising total from 110 to 125)
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PPP: Gains 4 seats (increasing from 70 to 74)
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JUI-F: Gains 3 seats (now holding 11)
This boost puts the ruling alliance comfortably above the 224-seat threshold needed for a two-thirds majority in the 336-member assembly.
Legal Implications and Defection Risks
The court’s decision could trigger Article 63A of the Constitution if any members who previously joined SIC attempt to rejoin PTI, potentially disqualifying them for floor crossing.
Last-Minute Recusal
Friday’s proceedings saw the recusal of Justice Salahuddin Panhwar, who withdrew from the bench citing a conflict with PTI counsel Hamid Khan. The judge emphasized that his decision upheld judicial integrity, not an admission of bias or disqualification.
Next Steps for ECP
The Election Commission is now tasked with:
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Withdrawing previously suspended notifications following the July 12 judgment.
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Recalculating and reallocating the 77 reserved seats.
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Reviewing the nomination papers and affiliations of 80 returned candidates within 15 days.
This landmark verdict reshapes the political dynamics in the National Assembly, boosting the ruling coalition’s legislative strength and altering the future of PTI’s parliamentary role.
For updates on this evolving story, stay tuned.
