ISLAMABAD: The Supreme Court on Monday suspended the Election Commission of Pakistan’s (ECP) decision and reinstated Adil Bazai’s membership in the National Assembly.
A three-member bench, headed by Justice Mansoor Ali Shah, along with Justice Aqeel Abbasi and Justice Ayesha A Malik, issued the verdict and deferred further proceedings until December 12.
The ECP had disqualified Bazai, a lawmaker from Quetta, on November 21, following a request from National Assembly Speaker Sardar Ayaz Sadiq. In response, Bazai approached the Supreme Court to challenge the disqualification.
The ECP’s action stemmed from an accusation by PML-N President Nawaz Sharif, who alleged that Bazai had violated party policy by supporting the opposition during the passage of the 26th Constitutional Amendment.
Bazai was de-seated by the ECP under Article 63-A of the Constitution, according to Taimoor Aslam, Bazai’s lawyer. Aslam argued that the election commission had failed to properly review the facts or summon Bazai for an inquiry.
He also raised concerns about the ongoing civil court case regarding Bazai’s affidavits, questioning the ECP’s jurisdiction to intervene in a matter already under judicial review.
Justice Shah asked whether the ECP had the authority to take action on an issue that was pending in a civil court. He noted that Bazai had submitted two affidavits, asserting that he had only signed one of them.
Justice Ayesha Malik also queried whether the ECP had the mandate to investigate allegations of fraud, suggesting that the scope of its authority needed clarification.
Justice Shah emphasized the seriousness of de-seating an elected representative, underscoring the need for a thorough examination of all relevant factors before making such a significant decision. Bazai had contested the ECP’s decision to remove him as the National Assembly member from NA-262 Quetta.
