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Khyber Pakhtunkhwa Chief Minister and senior PTI leader, Ali Amin Gandapur, has approached the Peshawar High Court in a significant legal move to restore Pakistan Tehreek-e-Insaf’s (PTI) entitlement to reserved seats in the provincial assembly. The petition marks yet another chapter in the party’s ongoing legal battle to reclaim what it sees as its rightful place in the parliamentary and political landscape after a series of setbacks following the controversial 2024 elections.
The petition, filed earlier this month, challenges the rulings made by the Peshawar High Court on March 13 and 14, 2024, which had denied PTI access to reserved seats on the basis that the party contested the general elections through independent candidates and failed to conduct valid intra-party elections in accordance with the Election Act.
According to Ali Amin Gandapur, the decision to exclude PTI from the distribution of reserved seats not only violates democratic principles but also undermines the will of millions of voters who supported PTI-backed candidates during the February 2024 general elections. In his petition, Gandapur has argued that the court’s previous decision was made without affording PTI an adequate opportunity to present its case, effectively rendering the process unjust.
The root of the issue lies in a chain of events that began with the Election Commission of Pakistan (ECP) rejecting PTI’s intra-party elections in late 2023. As a result, the party lost its electoral symbol — the iconic “bat” — just weeks before the 2024 general elections. PTI candidates were subsequently forced to run as independents, even though many publicly declared their allegiance to the party and its founding leader, Imran Khan.
Despite this major setback, PTI-backed independents won a significant number of seats, particularly in Khyber Pakhtunkhwa and Punjab. However, the ECP ruled that since these were independent candidates, PTI was not entitled to a share of reserved seats for women and minorities — which are typically allocated to parties in proportion to the number of general seats they secure.
This decision drastically altered the composition of provincial assemblies, weakening PTI’s influence despite its strong performance at the ballot box. In Khyber Pakhtunkhwa, where PTI-backed independents formed the majority, this exclusion was seen as a direct attempt to limit the party’s parliamentary power.
Gandapur’s petition makes several legal and constitutional arguments. First, it challenges the legality of denying a political party its share in reserved seats when its affiliated candidates have secured the majority of general seats — even if those candidates were technically independent due to the loss of a party symbol.
Second, it argues that the previous judgments lacked due process, as PTI was not given a fair opportunity to present its defense. The petition claims that the court’s rulings have effectively punished voters and undermined the essence of representative democracy.
Moreover, Gandapur is asking the court to declare PTI a legitimate political party in all respects, fully entitled to the privileges and representation that come with that status — including access to reserved seats and recognition in legislative procedures.
This legal battle holds significant implications for Pakistan’s democracy and electoral integrity. At its core is a question of whether procedural technicalities — such as disputes over intra-party elections — should override the electoral will of the people. PTI maintains that the Election Commission’s decisions were politically motivated and designed to curtail the party’s power ahead of the general elections.
The Supreme Court had earlier declined to restore PTI’s electoral symbol in January 2024, and the ECP maintained its stance on the party’s internal electoral violations. Now, Gandapur’s move is seen as part of a wider legal strategy to gradually reclaim lost political ground.
Observers note that if the Peshawar High Court rules in PTI’s favor, it could have a domino effect across other provinces, possibly opening the door for PTI to demand its share of reserved seats in the National Assembly and the Punjab Assembly as well.
Reactions to the petition have been mixed. PTI supporters hail it as a rightful step to correct what they view as systematic disenfranchisement. On social media and in public rallies, PTI leaders have consistently framed the party as the victim of a state-led conspiracy to erase its political identity.
On the other hand, critics argue that PTI must take responsibility for failing to follow the legal requirements of the Election Act, particularly regarding intra-party elections and documentation. They claim that legal shortcuts and defiant political posturing will not replace institutional compliance.
As the Peshawar High Court prepares to hear the case, the stakes are high not just for PTI, but for Pakistan’s electoral system as a whole. The petition by Chief Minister Ali Amin Gandapur underscores a broader struggle over constitutional rights, electoral fairness, and political legitimacy in a deeply polarized environment.
Whether the court sides with PTI or upholds its earlier rulings, the verdict will likely set a precedent for future electoral and constitutional disputes. For now, PTI’s leadership remains resolute in its pursuit of justice — both in the courts and in the court of public opinion.
Reference: پی ٹی آئی کو سیاسی جماعت ڈکلیئر کیا جائے : وزیر اعلیٰ علی امین گنڈاپور کی پشاور ہائیکورٹ میں درخواست
