๐๐ก๐ ๐๐ฎ๐ฉ๐ซ๐๐ฆ๐ ๐๐จ๐ฎ๐ซ๐ญ ๐ก๐๐ฌ ๐๐๐ฅ๐๐๐ฌ๐๐ ๐ญ๐ก๐ ๐๐๐ฌ๐๐ซ๐ฏ๐ ๐๐๐๐ญ๐ฌ ๐๐ฎ๐๐ ๐ฆ๐๐ง๐ญ:
The detailed reasons have been released by the Supreme Court in the reserve seats case wherein the Court has dismissed the petition filed Sunni Ittihad Council. The majority judgment by 8 judges states that the SC being the highest court of the land cannot close its eyes to what wrong is being done. The Court decided this case irrespective of the parties which were standing before the Court. The Court stated that an election matter is not an individual matter. Rather, the actual aggrieved person in election disputes is the relevant constituency as a whole. The Court has looked into this case from the perspective of a guardian of fundamental rights.
Further, the Court has also stated that if a wrong has been done by a public body, the aggrieved person should not suffer it and it should be corrected as far as possible. And the aggrieved person should be put in place where he was before the wrong was done to him. Similarly, the ECP has done wrong with PTI and has treated it unfairly, unjustly and illegality which compelled the PTI backed candidates to act irresponsibly, thus this wrong should be corrected by taking the clock back and put the candidates in theย position as they were before.
The Court has also stated that right to vote is an extended form of right to free speech. No, penal statute should be interpreted to take away a fundamental right if two interpretations are possible. Taking away an election symbol from a party does not imply that the party is no more a political party and its candidates cannot contest election on its manifesto and tickets. Candidates of such party cannot be declared as independent candidates because their party do not have election symbol. Such reading in and extended interpretation of a penal statute is not permissible.
c.a.333_2024_23092024
