The Election Commission of Pakistan decided against the Sunni Ittehad Council and refused to allocate it the seats it would merit after the PTI-backed independents. In a 3-1 decision, it decided that the vacants seats would be allocated to the other parties. Even the dissenting member decided that the PTI in its SIC avatar could not be allocated reserved seats, but indicated that if Parliament chose to amend the Constitution and election laws, it could do so. He seemed all right with the idea of those seats remaining vacant until then. The failure of the SIC to have given a priority list in time (well before the election) seems to have been insurmountable. It should be remembered that parties have to file a priority list of women and minorities with the ECP, which notifies those women and minorities according to the priority list. In fact, there are not by-elections on these seats, for if there is a vacancy, the seat is automatically filled according to the priority list.
The PTI/SIC is going to appeal the decision to the Supreme Court. A quick decision is needed, for the women and minority members have already missed the elections for the Speaker and Deputy Speaker and Prime Minister, and there is a Senate by-election looming ahead, as well as a presidential election and a Senate general election, in all of which MNAs will vote. If the new members do not take oath by these, they will suffer an irremediable loss. At the same time, the PTI, even in its SIC avatar, will be deprived of the reserved seats. Its leaders have been repeating that the House is not complete without reserved seats being allocated. They will likely not be very pleased if the ECP allocates the 29 seats it claims as its share to other parties, based on a calculation excluding the PTI.
The process is designed to ensure that parties control who is on a reserved seat. Such members are MNAs in every sense, being eligible for induction in the Cabinet, and though no such case has occurred yet, to become Leader of the House. It also meant to ensure that no party is unfairly advantaged, which is what will apparently happen if the seats are filled. It is also worth noting that the PTI legal team seems to have slipped up, for joining a party which had explicitly refused to provide a priority list at the appropriate time.
