ISLAMABAD: Over a fortnight after the Supreme Court struck down the ECP’s order to de-seat Adil Khan Bazai from his National Assembly seat, the electoral body has finally restored his legislative membership — declaring Bazai an independent legislator instead of PML-N’s — in pursuit of the top court’s order.
In a notification issued on Monday, the Election Commission of Pakistan (ECP) rescinded its earlier notification from 21st November to de-notify Bazai as Member National Assembly (MNA) from NA-262 Quetta.
Bazai, according to the notification, “shall be treated as independent returned candidate from NA-262 Quetta-I instead of PML-N.”
On 21st November, the electoral entity de-seated Bazai for not voting against the controversial 26th Constitutional Amendment in NA in October — allegedly against the party policy — on a declaration moved by Pakistan Muslim League-Nawaz President Nawaz Sharif.
“The declaration is confirmed and the respondent ceases to be the member of the National Assembly and his seat has become vacant,” read the order from a three-member ECP bench headed by Chief Election Commissioner Sikandar Sultan Raja, and comprising of Nisar Ahmed Durrani and Shah Muhammad Jatoi.
In the final hearing of this case before the verdict was reserved on 12th November, Bazai’s counsel maintained that the lawmaker joined Sunni Ittehad Council (SIC), after winning his NA seat in February general elections, within the stipulated period.
The affidavit submitted to the ECP by the prosecution side claiming that Bazai joined PML-N, and even his computerised national identity card number mentioned on the affidavit, were fake and incorrect, argued Bazai’s counsel.
Following the conclusion of arguments from both sides, the bench reserved its verdict on 12 November, announced on 21st November.
Bazai challenged the ECP order in the top court, and the court ruled against the ECP.
“The impugned judgments passed by the ECP are set aside, and the declarations made by the party head of PML-N that the appellant had defected from the said political party are not confirmed. Accordingly, the appellant’s membership of the National Assembly from seat NA-262 stands restored as an independent member, not as a member of the Parliamentary Party of PML-N,” read the SC order issued on 12 December by a three-member SC bench, headed by senior puisne judge Justice Syed Mansoor Ali Shah and comprising of Justice Ayesha Malik and Justice Aqeel Abbasi.
Article 63A(1) says, if a member of a parliamentary party composed of a single political party in a house— votes or abstains from voting in the house contrary to any direction issued by the parliamentary party to which they belong, in relation to—a money bill or a constitution (amendment) bill, they may be declared in writing by the party head to have defected from the political party, and the party head may forward a copy of the declaration to the presiding officer and the CEC, and shall similarly forward a copy to the member concerned: Provided that before making the declaration, the party head shall provide such member with an opportunity to show cause as to why such declaration may not be made against them.
The Article 63(3) reads, upon receipt of the declaration, the presiding officer of the house shall within two days refer, and in case fails to do so, it shall be deemed that to have been referred the declaration to the CEC who shall lay the declaration before the ECP for its decision confirming the declaration or otherwise within 30 days of its receipt by the CEC.
Copyright Business Recorder, 2024
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