GGF Dr Shah Commends SC for Upholding Democratic Values

News Desk

Peshawar: Dr Syed Akhtar Ali Shah, Chairman of the Good Governance Forum, commended the Supreme Court of Pakistan’s decision to overturn the Peshawar High Court’s judgment regarding reserved seats.

The Full Bench’s ruling, which declared the Election Commission of Pakistan’s (ECP) order dated March 1, 2024, as ultra vires the Constitution, without lawful authority, and of no legal effect, has been praised for reinforcing democratic principles and respecting the will of the people. 

Dr Shah highlighted that, as a result of this decision, various notifications that declared individuals as returned candidates for reserved seats for women and minorities in the National and Provincial assemblies, based on the ECP’s notification No.F.5(1)/2024-Cord dated May 13, 2024, have also been declared ultra vires the Constitution, without lawful authority, and of no legal effect.

These notifications have been quashed retroactively from May 6, 2024, the date when an interim order was issued by the Court in CPLA Nos. 1328-9 of 2024, which led to the current appeals.

Read More:https://thepenpk.com/sc-declares-pti-eligible-for-reserved-seats/

In a landmark decision, the Apex Court has ruled in favor of Pakistan Tehreek-e-Insaf (PTI), affirming its status as a political party that secured general seats in both the National and Provincial assemblies during the 2024 General Elections.

This ruling, based on the provisions of paragraphs (d) and (e) of clause (6) of Article 51 and paragraph (c) of clause (3) of Article 106 of the Constitution, addresses the fundamental issues surrounding PTI’s participation in the elections.

The Supreme Court (SC) has also provided an opportunity for independent candidates elected in the 2024 elections to join PTI, setting a course correction for the future, Dr Shah added. 

PTI’s Electoral Battle

A significant controversy has arisen over the ECP’s handling of PTI’s candidates and party symbol. 

PTI supporters and candidates accused the ECP of using various means to prevent the party from fielding its candidates under the party’s symbol, the bat. The ECP allegedly refused to register PTI on multiple pretexts, which PTI claimed was a violation of the fundamental rights of its candidates and voters.

These actions by the ECP were seen as ‘creating an unlevel playing field’, causing significant frustration and confusion among voters who wished to support the PTI. The legal battles and bureaucratic hurdles were perceived as deliberate attempts to undermine PTI’s electoral success.

Despite these challenges, PTI-supported candidates won with a significant majority, successfully defeating what was perceived as a deliberate plan to marginalize the party. 

However, another issue arose regarding the allocation of seats on the reserved quota for women and minorities. Consequently, independent candidates, having no other choice, joined the Sunni Ittehad Council.

Read More:https://thepenpk.com/pti-overrules-omar-ayubs-resignation-as-secretary-general/

These mechanizations were seen as attempts to oust PTI and dampen their spirit. Nevertheless, PTI remains a potent force in the political arena.

While opinions on PTI’s political style may vary, the party is recognized for its sustained struggle through legal and political forums against perceived tyranny and disenfranchisement.

The Supreme Court’s ruling stands as a testament to Pakistan’s political system, upholding democratic principles as enshrined in the Constitution of the Islamic Republic of Pakistan.

The judgment aligns with the preamble of the Constitution, which emphasizes that sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust, the chairman said. 

It focuses on establishing an order where the State exercises its powers through chosen representatives, ensuring principles of democracy, freedom, equality, and tolerance as enunciated by Islam are fully observed, Dr Shah added. 

Furthermore, the system guarantees fundamental rights, including equality of status, opportunity, and justice, while safeguarding the legitimate interests of minorities and disadvantaged groups. The independence of the judiciary is also fully secured.

The people of Pakistan, conscious of their responsibility before “Almighty Allah” and mankind, declared Pakistan to be a democratic State based on Islamic principles of social justice. The preamble underscores the nation’s dedication to preserving democracy achieved through the unremitting struggle against oppression and tyranny.

The Chairman of Good Governance hailed the decision as a positive development for democracy and the rule of law, as well as for the democratic aspirations of the people of Pakistan. He asserted that this judgment would defeat backdoor entries into politics and strengthen democratic values and institutions for the long term.