The Supreme Court on Monday suspended the Election Commission of Pakistan’s (ECP) decision to disqualify PML-N lawmaker Adil Bazai.
In October, the National Assembly Secretariat sent a request to the ECP to unseat Bazai.
Considered an “anomaly”, Quetta lawmaker Bazai is part of the PML-N as per official records but is often found on the opposition benches, criticising the government. It is also unclear which party supported him during the February 8 general election.
According to the National Assembly website, Bazai contested the election from Quetta’s NA-262 constituency.
On November 12, the ECP reserved its verdict on a reference seeking Bazai’s disqualification.
Bazai’s counsel maintained that he had never joined the PML-N and asserted that a fake affidavit had been submitted in his name with the ECP. He asked for a forensic audit of the affidavit.
On November 21, the ECP disqualified Bazai over “floor-crossing”. Announcing its reserved verdicts, the election regulator upheld the two references filed by the Speaker of National Assembly Sardar Ayaz Sadiq, seeking Bazai’s disqualification for violating party’s policy.
Monday’s hearing was taken up by a three member bench headed by Justice Mansoor Ali Shah and comprised justices Ayesha Malik and Aqeel Abbasi.
At the outset of the hearing, Bazai’s lawyer Taimur Aslam told the court that his client had been disqualified by the ECP under Article 63A.
“The ECP did not properly ascertain the facts, nor did it call Bazai for an inquiry,” he said.
Justice Shah wondered how the ECP had any jurisdiction if Bazai’s affidavits were in the civil courts. “Can the Election Commission take notice of what’s happening in civil courts?”
Justice Malik intervened to say that Bazai has two affidavits, and according to him, has only signed on the second one. “Can the Election Commission inquire into fraud?” she asked.
Justice Shah suggested to get back to the matter of the ECP’s jurisdiction. “Ejecting someone from the assembly is not a trivial action, so every aspect will have to be looked at,” he said.
During the hearing, Bazai’s lawyer referred to the decision regarding the reserved seats case.
“They now say an amendment has been made,” Justice Abbasi said, referring to tweaks made to Elections Act, which some said was aimed at circumventing the SC’s reserved seats verdict.
Justice Shah mused whether the reserved seats verdict had been implemented.
“Can you rely on the reserved seats verdict in this case?” Justice Malik wondered. “Was Adil Bazai on the list of 81 members in the reserved seats case?”
The court recalled that it was told the ECP cannot issue a declaration. “The court was told which party the candidate belongs to, determining this is the responsibility of the civil court.”
The court issued notices to all parties, including the ECP.
The hearing was adjourned till December 12.