PTI Approaches IHC Against ECP Decision On PA Reserved Seats.

ISLAMABAD -- Pakistan Tehrik-e-Insaf (PTI) on Tuesday moved the Islamabad High Court (IHC) against the Election Commission of Pakistan (ECP) decision on Punjab Assembly's reserved seats.

The PTI moved the petition through its Secretary General Asad Umar, Batool Zain, Saira Raza and Fouzia Abbas Naseem and made Secretary Election Commission of Pakistan (ECP) as respondent.

The party stated in the petition that the petitioner No 2 to 4 are entitled to be notified as the members of the Punjab Assembly in place of 3 MPAs including Uzma Kardar, Ayesha Nawaz and Sajida Yousaf against reserved seats for women, who were disqualified in terms of Article 63A of the Constitution and, accordingly, de-notified vide order of the ECP dated 20/05/2022.

It informed the court that the election of Chief Minister Punjab was held on 16/04/2022 in which 25 members of the PTI in the Punjab Assembly voted against the PTI Parliamentary party's directions in favour of Hamza Shehbaz instead of Ch Parvez Elahi. It added that consequently, the 25 members committed a violation of Article 63A of the Constitution and were liable to be disqualified on the grounds of 'defection'.

The petitioner further said that references were accordingly filed against the 25 defected members of the PTI before the ECP in accordance with Article 63A ibid and the References were ultimately accepted by the ECP on 20/05/2022 and, as a result, the 25 members were declared to have ceased to be the members of the Punjab Assembly and their seats became vacant.

It said that thereafter, the ECP de-notified 25 defected members on 23/05/2022 through notification duly published in the gazette of Pakistan. He further said that as per the afore-mentioned notification dated 23/05/2022, 3 members of the PTI from the reserved seats for women namely Uzma Kardar, Ayesha Nawaz and Sajida Yousaf were de-notified and their seats became vacant.

The PTI contended that Article 224(6) of the Constitution is clear and unambiguous and provides that when a seat reserved for women or non-Muslims in a provincial assembly falls vacant, it shall be filled by the next person in order of precedence from the party list of candidates to be submitted to the Election Commissions by the political party whose member has vacated such seat.

It further contended that the proviso to this Article further provides that if at any time the party list is exhausted, the concerned political party may submit the name for any vacancy which may...