1. Short Order Today, at the verge of conclusion, one of the Hon'ble members of the larger Bench (Mr. Justice Salahuddin Panhwar) for certain reasons, recused to continue his sitting in this Bench and contributed his separate note, therefore, the Bench was reconstituted with all the available members of the Constitutional Bench. Initially this Constitutional Bench was constituted for hearing of the aforesaid review petitions by 13 Hon'ble Judges of this Court but two of them (Justice Ayesha A. Malik and Justice Aqeel Ahmed Abbasi) on the first date of hearing have dismissed all the review petitions.
2. For detailed reasons to be recorded later, subject to amplification or elucidation as may be deemed appropriate, by majority of 7 (Justice Amin-ud-Din Khan, Senior Judge, Justice Musarrat Hilali, Justice Naeem Akhter Afghan, Justice Shahid Bilal Hassan, Justice Muhammad Hashim Khan Kakar, Justice Aamer Farooq and Justice Ali Baqar Najafi), all Civil Review Petitions are allowed and the impugned majority judgment dated 12.07.2024 is set aside, as a consequence thereof, Civil Appeal Nos. 333 of 2024 and 334 of 2024 filed by the SIC are dismissed and the judgment rendered by the Peshawar High Court, Peshawar is restored.
3. Whereas, Justice Jamal Khan Mandokhail, for reasons to be recorded later, partly allowed the review petitions and maintained his original order with regard to 39 seats but reviewed the majority judgment to the extent of 41 seats.
4. Whereas Justice Muhammad Ali Mazhar and Justice Syed Hasan Azhar Rizvi, for reasons to be recorded later, also reviewed the judgment and allowed the review petitions with the rider that since the factual controversy or disputed questions of facts neither could be resolved by the Peshawar High Court nor this Court in original or review jurisdiction, therefore, directions are issued to the ECP to examine and consider the nomination papers/declaration and other relevant documents of all 80 returned candidates by means of de novo exercise with regard to their affiliation and take appropriate decision in accordance with law and applicable rules for allocation of reserve seats within 15 days from receiving the copy of this Short Order.