ISLAMABAD: The electoral entity is scheduled to announce its verdict today (Thursday), reserved last week, in a case moved by Pakistan Muslim League Nawaz (PML-N) President Nawaz Sharif seeking disqualification of Member National Assembly (MNA) Adil Khan Bazai from his legislative seat - for not voting against the controversial 26th Constitutional Amendment last month - allegedly against the party policy.
An ECP bench, headed by Chief Election Commissioner Sikandar Sultan Raja, heard this case, and is scheduled to announce the verdict Thursday.
The related cause list for the case announcement was issued by the Election Commission of Pakistan (ECP) on Wednesday.
In the final hearing of the case before the verdict was reserved on 12 November, Bazai’s counsel challenged the maintainability of the ECP bench on the grounds that the declaration of defection to be sent to speaker NA under Article 63A of the Constitution was required to be moved from the party head. But in this case, he said, the same was sent by PML-N Parliamentary Leader in NA Khawaja Asif instead of party Sharif, the party chief.
Bazai joined Sunni Ittehad Council (SIC), after winning his NA seat in February general elections, within the stipulated period, the defence side contended.
The affidavit submitted to ECP affirming Bazai’s PML-N membership is fake, said Bazai’s counsel.
CEC Raja, in 12 November’s hearing, inquired from the defence lawyer as to why did they not raise the issue of fake affidavit earlier.
“We remained silent and did not raise this matter earlier because this issue never surfaced before,” the counsel argued.
Following the conclusion of arguments from both sides, the bench reserved its verdict that is being announced today.
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