The judge noted that to the extent of those 41 candidates, the ROs “correctly prepared [a] list of contesting candidates while drawing Form-33, showing them as independents” and those 41 individuals then joined the Sunni Ittehad Council (SIC) by exercising their right provided under
Article 51 (6d) of the Constitution.
Justice Mandokhail pointed out that the 41 candidates had declared themselves as independents in their nomination papers submitted by Dec 24, 2023, which was before the January 2024 SC verdict that
revoked the PTI’s bat symbol — the same judgment that PTI argued led to “peculiar circumstances” and therefore the independent declarations.
PTI’s Salman Akram Raja said that the party “administration had decided that the candidates should submit their nomination papers independently to avoid any unwarranted situation”, the note recalled.
“They did not claim to be affiliated with PTI nor showed their intention to leave SIC and join any other party. Under such circumstances, how could it be presumed that their declaration as independent candidates was on account of that judgment?” Justice Mandokhail said.
He added that if Raja’s contention about peculiar circumstances was “believed to be correct, a question arises as to how those 39 returned candidates and the number of others who lost elections, submitted their nomination papers declaring themselves as PTI’s candidates?”
However, about the
39 PTI-backed people who had submitted their party nomination papers, Justice Mandokhail maintained that the ROs and the Election Commission of Pakistan (ECP) had “mis-exercised their jurisdiction by declaring the PTI’s 39 affiliated candidates as independents [and] by refusing to allot reserved seats to PTI on the strength of its affiliated returned candidates”.
Headed by Justice Aminuddin Khan then, the CB, through a short order on June 27, had overturned the July 12, 2024
majority judgment that declared the PTI eligible for reserved seats for women and non-Muslims in the national and provincial assemblies.