Given the recent events, it is advisable to refrain from making assumptions. However, considering the current circumstances, there is a glimmer of hope that the judiciary has become aware of the controversies surrounding the general election. The Election Commission of Pakistan has faced significant criticism for a series of decisions that appear to have manipulated or undermined the public’s mandate. Finally, the judiciary has intervened to hold the electoral body accountable for exerting arbitrary control over the democratic process.
A petition against the Election Commission of Pakistan’s decision to allocate more reserved seats to political parties than they were entitled to has been admitted by a three-member bench of the Supreme Court. The decision has been suspended until further notice. The Sunni Ittehad Council, which filed the petition, argues that the denial of their right to 78 reserved seats in various assemblies by the ECP and Peshawar High Court was unlawful and should be reviewed by the apex court.
Based on the interim order issued by the Supreme Court, it seems that the judges who heard the petition did not agree with the government and the ECP’s reasoning for allocating the 78 reserved seats to other parties. The court noted that this decision seemed to distort the public’s mandate. Since there is no legal precedent or clear justification for the ECP’s decision, it was decided that a constitutional interpretation would be necessary.
As a result, the matter has been referred to the apex committee of the Supreme Court to form a larger bench. The interim order also effectively prevents the government from making any changes to the Constitution, as it had planned to do with the two-thirds majority it obtained in the Lower House due to the ECP’s decision. This may be the best course of action for now.
One of the other big questions at the moment is what is to be made of the Senate elections held recently, in which the lawmakers who currently occupy the challenged seats also voted. In case the Supreme Court strikes down the ECP’s decision, would that mean that the Senate election could be challenged on related grounds? This could prove to be a major headache for the government, as it would further undermine its already questionable legitimacy. If such a situation comes to pass, those affected will only have the ECP to blame.
The truth is that the entire process — from polls, announcement of results, formation of assemblies and elections to the Senate — has been mishandled. The electoral watchdog has been so busy finding faults in and imposing penalties on one party that it has been unable to reflect on the many disasters it has wrought in the process. It should deal with the consequences itself.
