Rejects majority decision on 41 reserved seats, maintains that the decision must be revised
Justice Jamal Khan Mandokhail. PHOTO: FILE
Justice Jamal Khan Mandokhail of the Supreme Court’s now-defunct Constitutional Court has upheld his decision on 39 reserved seats, but maintained that the majority decision denying Pakistan Tehreek-e-Insaf-backed Sunni Ittehad Council candidates 41 other seats cannot stand.
In his additional 12-page note, Justice Mandokhail said the order must be reviewed, terming the majority’s intervention as “overreach of authority.” Stating that the court did not have the authority to declare the 41 candidates as independents, he said the decision is not consistent with the constitution or the facts.
Read: PTI loses reserved seats as SC overturns July 12 decision
The seats in question are those reserved for minorities and women in the national and provincial assemblies. The case for the seats has seen several twists and turns after PTI’s internal disputes disrupted the party nominations in late 2023. PTI candidates stood as independents in the February 2024 general election, 80 of whom later joined the SIC.
The Election Commission of Pakistan initially denied PTI-backed independent candidates the seats, arguing that only those candidates are allowed to take reserved seats under a party if they hold its symbol. The key legal issue was that PTI candidates contesting as independents or as part of the SIC could not claim PTI’s reserved seats.
On 12 July 2024, a 13-judge Supreme Court bench ruled in favor of the PTI-backed SIC candidates and awarded them the disputed reserved seats. However, the decision faced criticism and requests for notification were filed in May 2025 by the ruling PML-N and PPP. The Constitution Bench heard these petitions in June 2025, with Justice Mandokhail partially dissenting from the majority.
Read more: PTI loses court battle over reserved seats
In June this year, the Supreme Court set aside the July 12, 2024 verdict and declared it null and void, leading to the PTI losing its reserved seats in the national and provincial assemblies to the ruling coalition. He added that the provision of Article 191A of the Constitution shall prevail over the SCRs of 1980; Rule 8 of Executive Order XXVI cannot therefore be applied in the present case.
In his memo, Justice Mandokhail clarified that the court cannot change a candidate’s political affiliation and reaffirmed that the 41 contested seats are not currently under active judicial process. He also said that the judgment under review in so far as it relates to the 41 candidates exceeds the authority given to the Supreme Court in Article 187 of the Constitution.
Calling the judgment – which declared the 41 candidates to be independents – an error of constitution, law and facts, Justice Mandokhail stated that the judgment under review cannot stand. He was referring to the matter amid an ongoing political turmoil for the PTI. Party founder Imran Khan remains jailed while his sisters were taken into police custody after a 10-hour sit-in outside Adiala jail late on Tuesday night.
