ISLAMABAD: The Supreme Court, on Monday, suspended the Election Commission of Pakistan (ECP)’s verdict to disqualify Pakistan Muslim League-Nawaz (PML-N) MNA Adil Bazai over charges of “floor crossing”.
A three-judge bench, headed by Justice Syed Mansoor Ali Shah and comprising Justice Ayesha Malik and Justice Aqeel Abbasi heard the appeal.
Bazai contested the election from Quetta’s NA-262 constituency. The ECP on November 21 disqualified him over “floor-crossing”. The Commission upheld the two references filed by the Speaker of National Assembly Sardar Ayaz Sadiq, seeking Bazai’s disqualification for violating party’s policy.
During the proceeding, Bazai’s lawyer Taimur Aslam informed that his client had been disqualified by the ECP under Article 63A. Aslam maintained that his client had never joined the PML-N and asserted that a fake affidavit had been submitted in his name with the ECP. He asked for a forensic audit of the affidavit. “The ECP did not properly ascertain the facts, nor did it call Bazai for an inquiry,” he said.
Justice Mansoor questioned how the ECP had any jurisdiction if Bazai’s affidavits were in the civil courts. “Can the Election Commission take notice of what’s happening in civil courts?” “Ejecting someone from the assembly is not a trivial action, so every aspect will have to be looked at,” he added.
Justice Ayesha remarked that Bazai has two affidavits, and according to him, has only signed on the second one. “Can the Election Commission inquire into this fraud?” she asked.
During the hearing, Bazai’s lawyer referred to the decision regarding the reserved seats case.
Justice Mansoor inquired whether the reserved seats verdict had been implemented. However, Justice Ayesha said: “Can you rely on the reserved seats verdict in this case?” “Was Adil Bazai on the list of 81 members in the reserved seats case”, she asked.
“They now say an amendment has been made,” Justice Aqeel said, referring amendment made to Elections Act, which some said was aimed at circumventing the SC’s reserved seats verdict.
In October, the National Assembly Secretariat sent a request to the ECP to unseat Bazai. As per ECP’s record Bazai is part of the PML-N, but is often found on the opposition benches, criticising the government.
The bench issuing the notices to all parties, including the ECP, adjourned the case until December 12.
Copyright Business Recorder, 2024
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