ISLAMABAD: The electoral body has begun defection proceedings against Member National Assembly (MNA) Adil Khan Bazai, who is alleged to have not voted for the controversial 26th Constitutional Amendment against the party policy, on a declaration moved by Pakistan Muslim League Nawaz (PML-N) chief Nawaz Sharif.

In the hearing of this case, Sharif’s lawyer informed an ECP bench on Tuesday that Bazai contested the February general elections as an independent candidate from NA-262 Quetta, and later joined PML-N within the stipulated time period.

Bazai did not vote in favour of the 26th Constitutional Amendment, which, the prosecution lawyer said, was in violation of the party policy and attracted defection clause under Article 63A of the Constitution of Pakistan.

Bazai’s NA membership be denotified under this Article, Sharif’s counsel argued.

Heading the Election Commission of Pakistan (ECP) bench, Chief Election Commissioner Sikandar Sultan Raja inquired from Bazai’s counsel the reason to vote against the party policy.

In response, the defence side denied that Bazai joined PML-N, contending that he joined Sunni Ittehad Council (SIC). Bazai is a member of Pakistan Tehreek-e-Insaf (PTI) who had to join SIC after PTI was not allowed to contest the general elections, the defence lawyer said.

The ECP bench was of the view that the matter needed to be looked into thoroughly, and adjourned the case till coming Tuesday (12 November).

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