FCC Rejects JUI-F Appeal Over Reserved Seat
The Federal Constitutional Court (FCC) on Thursday dismissed the JUI-F appeal in a dispute over a reserved seat, upholding the Election Commission of Pakistan’s (ECP) decision.
A two-member bench comprising Chief Justice Aminuddin Khan and Justice Aamer Farooq heard the case. During the hearing, counsel for JUI-F informed the court that the party had submitted four names for reserved seats. The counsel argued that the ECP could not make changes to the list submitted by a political party for reserved seats.
“This is a unique case in Pakistan’s history,” the JUI-F lawyer said. The counsel maintained that JUI-F had stated that Sadaf Ihsan was not its candidate, but the party was being told otherwise. The counsel further maintained that if a political party had submitted an incorrect list, the ECP could have asked it to make corrections. After hearing the arguments, the FCC upheld the ECP’s decision and dismissed the JUI-F appeal. The Express Tribune reported the ruling on Thursday.
JUI-F challenged its own lawmaker’s election
The JUI-F challenged the election of Khyber-Pakhtunkhwa (K-P) Assembly member Sadaf, elected on the reserved seats for women, in the Supreme Court. Sadaf had been a provincial assembly member of the JUI.
The party filed a petition in the apex court against the Peshawar High Court’s (PHC) decision regarding the election of Sadaf, seeking suspension of the notification for the lawmaker as a member of the K-P Assembly. The JUI adopted the stance that Sadaf’s name was not on the priority list submitted by the party.
It maintained that the name of Sadaf Yasmeen was given on the priority list for reserved seats of women which was submitted to the ECP by the party, adding that Yasmeen did not show her interest in the seat. The party stated that Sadaf obtained Yasmeen’s seat with the alleged complicity of some party members.
It said that when the ECP started an inquiry into the matter, Sadaf approached the PHC, following which the court approved her writ and ordered the issuance of a notification for her as a member of the assembly.
The JUI-F appeal: why the reserved-seat list matters
Reserved seats for women are filled from priority lists that political parties submit to the Election Commission before an election, in proportion to the general seats each party wins. The list, not a direct vote, decides who takes the seat. That is why a dispute over whose name sits on the list, and in what order, can decide who enters the assembly.
In this case the party said one woman’s name was on its list and another woman took the seat. The ECP had already ruled in Sadaf’s favour, and the Peshawar High Court had ordered her notification as a member. The FCC has now settled the matter by dismissing the party’s appeal and upholding the ECP’s decision.
A ruling that lands in a tense week for Fazl
The ruling comes in a week when JUI-F chief Maulana Fazlur Rehman has been at the centre of opposition politics. Opposition leaders met at his residence earlier this week to discuss the emergency and governor’s rule in Khyber-Pakhtunkhwa, and announced committees to organise an all-parties conference and a countrywide movement.
The FCC has been active across several fronts this week. The court earlier ruled on whether its observations bind the Supreme Court, and it has also taken up detention cases from Khyber-Pakhtunkhwa. The reserved-seat ruling adds a third strand: the new court is now deciding disputes that once went straight to the Supreme Court.
The decision also arrives as the Election Commission moves ahead with local government polls in Punjab. The ECP has fixed February 7 for the first phase of the Punjab local government elections, which means parties will soon be drawing up fresh lists for reserved seats at the local level too. The FCC’s ruling is a reminder that those lists, once submitted, carry legal weight and cannot simply be rewritten after the results.
Frequently asked questions
What did the FCC decide in the JUI-F appeal?
It dismissed the appeal and upheld the Election Commission’s decision, so Sadaf remains a member of the Khyber-Pakhtunkhwa Assembly on a reserved seat for women.
Who heard the case?
A two-member bench comprising Chief Justice Aminuddin Khan and Justice Aamer Farooq.
What was JUI-F’s argument?
The party argued that the ECP could not change the priority list it had submitted for reserved seats, and that Sadaf Ihsan was not its candidate.
Why did the party say Sadaf took the seat?
JUI-F said Sadaf Yasmeen’s name was on its priority list but she did not show interest in the seat, and that Sadaf obtained it with the alleged complicity of some party members.
