PHC Orders Suspension of Oath-Taking for Provincial Assembly Reserved Seats

PESHAWAR – The Peshawar High Court has temporarily barred newly selected members on reserved seats from taking oath in the provincial assembly. The order came during a hearing on a petition filed by Pakistan Tehreek-e-Insaf Parliamentarians (PTI-P), which challenged the allocation of reserved seats.

A two-member bench, comprising Justice Syed Arshad Ali and Justice Dr. Khurshid Iqbal, presided over the proceedings. Advocate Sultan Muhammad Khan, representing PTI-P, argued that the Election Commission had miscalculated the reserved seat allocations. He maintained that although PTI-P had secured two general seats in the provincial assembly, it was unjustly allotted only one reserved seat for women.

When questioned by the bench, the counsel confirmed that PTI-P had submitted its priority list for the reserved seats. He further asserted that the party was entitled to two women’s seats and one minority seat. The petitioner requested a halt to the oath-taking process for the disputed seats.

The court responded by issuing notices to the Election Commission and ordered that no oath be administered to the concerned members until the next hearing.

Earlier, in a 7-3 majority decision, the Supreme Court’s constitutional bench ruled that Pakistan Tehreek-e-Insaf (PTI) is not entitled to reserved seats for women and minorities in national and provincial assemblies. The court accepted review petitions, setting aside the July 12, 2024, verdict and reinstating the earlier decision by the Peshawar High Court.

The 13-member bench initially formed for the case saw two judges—Justice Ayesha A Malik and Justice Aqeel Ahmed Abbasi—dismiss all review petitions on the first hearing day. The majority ruling stated that detailed reasons would follow.

Consequently, Civil Appeals No. 333 and 334 of 2024 filed by the Sunni Ittehad Council (SIC) were dismissed. The SIC has also requested the Supreme Court to reissue the final decision with signatures from all 12 participating judges.

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