The Election Commission of Pakistan (ECP) has raised objections to comments made by retired Supreme Court judge, Mansoor Ali Shah, regarding the 2023 Supreme Court ruling on elections in Punjab and Khyber Pakhtunkhwa (KP) and the case involving reserved seats for the Pakistan Tehreek-e-Insaf (PTI).
Controversial Remarks at International Event
Judge Shah shared his views during an event hosted by the Community Alliance for Peace and Justice in the United States on October 29. He was questioned about his dissenting opinion on the 2023 Supreme Court decision that ordered provincial elections to be held within 90 days in Punjab and KP. The court’s decision was made following a suo motu notice.
In the ruling, two judges, including Shah, dissented, arguing that the suo motu proceedings initiated by then-chief justice Umar Ata Bandial were “wholly unjustified” and conducted with “undue haste.” Shah described the situation as a “one-man show” and criticized the formation of “like-minded benches” by the ex-chief justice.
ECP’s Response to Shah’s Statements
The ECP issued a statement condemning Shah’s remarks, asserting that they misrepresented “basic constitutional and legal facts related to the election matters and judicial decisions.” The commission emphasized that Shah’s interpretation of the ruling as a 4-3 decision was misleading, asserting that it was a minority decision prohibiting elections.
Regarding the reserved seats case, Shah defended the 2024 verdict that declared PTI eligible for seats reserved for women and minorities. However, the ECP highlighted that PTI had failed to conduct intra-party elections by the deadline of June 30, 2021, and had not submitted a preferred list of candidates for the reserved seats.
The ECP reiterated that political parties must win at least one seat in general elections to qualify for reserved seats, a requirement PTI did not meet, according to the commission.
Judicial Resignation and Broader Implications
Judge Shah, along with Justice Athar Minallah, resigned from the Supreme Court in November 2025, following the enactment of the 27th Constitutional Amendment, which altered the judicial system and created the Federal Constitutional Court. Shah’s resignation letter criticized the amendment for undermining judicial independence and integrity.
He expressed concern that remaining in the court would imply silent approval of constitutional violations, further stating that the amendment had diminished the court’s constitutional authority.
Source: Dawn (English)
