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ISLAMABAD: The Supreme Court on Monday suspended the Nov 21 order of the Election Commission of Pakistan (ECP) to de-seat member of the National Assembly (MNA) Adil Khan Bazai for floor-crossing by abstaining from voting in favour of 26th amendment against the PML-N’s parliamentary party decision.
Only a day ago, the ECP completed the nomination process for the by-election on NA-262 (Quetta-I) seat that had fallen vacant following the ‘disqualification’ of Mr Bazai due to his ‘defection’. He had joined the PML-N after winning the Feb 8 elections as an independent candidate.
Headed by Justice Syed Mansoor Ali Shah, the SC regular bench that had taken up a set of appeals by Mr Bazai against ECP’s decision suspended the ECP order to de-seat him and postponed further proceedings until Dec 12.
The bench also comprised Justice Ayesha A. Malik and Justice Aqeel Ahmed Abbasi.
Lawyer argues Bazai was de-seated by ECP ‘without examining the facts’
The ECP decision came in response to the reference moved by National Assembly speaker in terms of Article 63A on ‘defection’ from PML-N parliamentary party and allegedly joining the Sunni Ittehad Council and thus violating the clear directions of the PML-N issued on Oct 19, besides abstaining from voting on the 26th amendment bill, and failing to respond to the show-cause notice issued by the ruling party.
In the reference, the NA speaker also attached a declaration from the PML-N party head under Article 63A (1) of the Constitution that Mr Bazai had joined the PML-N.
The ECP in its order had held that Mr Bazai had made admission during the hearing before it that he had not given vote during the Finance Bill 2024 (Money Bill) from the PML-N side, while the record of the commission as well as the NA show his status as still affiliated with PML-N, it said.
When Mr Bazai’s appeals were taken up by the SC bench, petitioner’s counsel Taimur Aslam referred to the July 12 decision of the apex court regarding reserved seats in the National Assembly.
At this, Justice Shah wondered whether the counsel really wanted to cite the decision on the reserved seats.
However, Justice Aqeel Abbasi reminded about the Second Amendment in the Elections Act, 2017.
Justice Shah remarked if the July 12 decision on the specific seats had been implemented, but hastened to add, “Let’s move forward anyway.”
Justice Malik, however, wondered whether Mr Bazai was among the 81 members who the court had declared as PTI members.
The petitioner’s lawyer argued that the ECP de-seated Mr Bazai under Article 63A, ‘without examining the facts’.
On the other hand, as many as 23 independent and political party contenders filed their papers for the NA-262 (Quetta-I) seat, as the ECP had set Jan 16, 2025 as the date of by-election.
According to the ECP schedule, the scrutiny of nomination papers was to be completed on Dec 12; the day when the Justice Shah-led bench would resume proceedings in the case.
Published in Dawn, December 10th, 2024
