Specific Seats, Judges Gave Final Decision and Not Bound to Implement, Contempt of Court Cannot be Done, Justice Faiz, Justice Mandukhel.

Islamabad (EWN, News Agencies) Chief Justice Qazi Faiz Isa and Justice Jamal Khan Mandukhel instead of giving reserved seats for women and minorities to the Sunni Ittehad Council, created on the basis of members (supported by PTI) in the National and Provincial Assemblies. Released the details of their joint minority decision in the appeals filed against the decision of the Election Commission / Peshaw Release Court related to allotment to other parliamentary parties. Contempt of court action cannot be taken if the decision is not implemented, PTI did not claim that the independent candidate is theirs, basic things were ignored in the majority decision, it seems that 8 judges formed their own court, on 12th July. Short and detailed judgment of September 23, clarifications of September 14 and October 8 are full of constitutional errors, hope the majority of judges will correct them, the country's system is run by elected representatives of the people, judges are guided by fixed rules rather than personal preferences. We must, we must do what our constitution says. 

While Chief Justice Qazi Faiz Isa has written an additional note separately in the minority decision, he stated in the 14-page dissenting note that it is my duty to point out the constitutional violations and shortcomings, it is expected that the majority judges will reflect on their mistakes and correct them. The judges stated in their 17-page joint minority judgment that we hope that the brother judges will ensure that the system of Pakistan is governed by the constitution. In the meeting of the Supreme Court (Practice and Procedure) Committee, Justice Muneeb and Justice Mansoor had adopted the position of not deciding the review petitions filed against the decision of this case, hoping that the judges who gave the majority decision would give their opinion. will rectify the mistakes, he declared that the review request against the decision of the specific seats was asked to be fixed after the summer vacation, compared to other countries of the world, our constitution is written and easy to understand, but despite this, the case in the majority decision The basic things of the country have been ignored, the system of the country is run by the elected representatives of the people, judges should consider the set rules and regulations rather than personal preferences, we should do what our constitution says. 

There is no reason why these 41 persons should be considered PTI nominees. The joint judgment held that judges decide cases in accordance with the Constitution and the law and on the basis of available material, any such claim is supported by records. which is not present in this case, the joint judgment declared that these 41 candidates were independent candidates, the majority judges allowed 41 independent candidates to join PTI but with due respect, we the majority We do not agree with the decision of the judges and we also do not agree that 41 independent candidates should be given such an opportunity as these members had already joined the Sunni Etihad Council by exercising their constitutional right and they are now 41 members are members of Sunni allianceNeither the Constitution nor the Election Act empowers us to issue instructions to them to join any other political party, the Constitution and the law do not allow us to give them a 15-day opportunity or additional time to join any other political party. The learned judges declared that ROs and Election Commission declared PTI candidates as independent candidates illegally, the error of Returning Officers and Election Commission cannot be punished to 39 members, the court can take full notice of this. As far as the remaining 41 independent members are concerned, there is nothing on record that they were from PTI. Any candidate who is an election candidate has to submit his/her party ticket to the Returning Officer before holding the election. 

The role of the officer is very important, before the election, he displays the names of all the candidates with the election symbol of the party, after the election results are released by the RO, the election commission declares them final, women and minorities in the constitution. In his note, the Chief Justice stated that we have examined the nomination papers of 80 candidates who joined the Sunni Ittehad Council, out of which 41 candidates have clearly nominated themselves. Declared as independent candidate, as per the schedule, the date of submission of nomination papers was from 20 December 2023 to 24 December 2023, none of the candidates or PTI leadership had claimed that the independent candidate was a candidate of any party nor anything on record. It is evident that these 41 candidates were forced to become independent candidates, there is nothing on record that any kind of pressure was put on these 41 candidates. A formal procedure is laid down, the Chief Justice stated in his note that we have examined the nomination papers of 80 candidates who joined the Sunni Ittehad Council, 41 of them have clearly declared themselves as independent candidates, schedule According to the date of submission of nomination papers was from 20 December 2023 to 24 December 2023, none of the candidates or the PTI leadership claimed that the independent candidates were candidates of any party and there is nothing on record to show that these 41 candidates were forced to become independent candidates, there is nothing on record that any kind of pressure was put on these 41 candidates. 

A formal procedure is laid down, the Chief Justice stated in his note that we have examined the nomination papers of 80 candidates who joined the Sunni Ittehad Council, 41 of them have clearly declared themselves as independent candidates, schedule According to the date of submission of nomination papers was from 20 December 2023 to 24 December 2023, none of the candidates or the PTI leadership claimed that the independent candidates were candidates of any party and there is nothing on record to show that these 41 candidates were forced to become independent candidates, there is nothing on record that any kind of pressure was put on these 41 candidates.