ISLAMABAD: The Supreme Court on Thursday declared the Election Commission of Pakistan’s decision to de-seat Adil Khan Bazai null and void and reinstated him as a member of the assembly.
Adil Khan Zazai was de-seated by the electoral body on a reference filed by the Pakistan Muslim League Nawaz (PMLN) Nawaz Sharif from his seat NA-262 Quetta-1.
The SC bench headed by Justice Syed Mansoor Ali Shah accepted Adil Bazai appeal against the Election Commission.
In its verdict, the top court remarked that the Election Commission could not satisfy the Supreme Court about its decision to de-seat Adil Bazai. Adil Bazai was elected as an independent candidate and later joined the Sunni Ittehad Council (SIC).
In their remarks, the judges raised questions about the ECP’s authority, asking if it is above all courts in the country.
During the hearing, Justice Ayesha Malik raised questions that whether the Election Commission is above all the courts of the country She remarked that it seemed that it the election watchdog disregarded all institutions and laws.
Justice Mansoor Ali Shah remarked that they [ECP] do not believe even the courts and magistrates, they do not even conduct inquiries themselves. “Does the ECP have the right to conduct trials? They (ECP) do not respect courts, magistrates, and do not even conduct inquiries themselves,” Justice Syed Mansoor Ali Shah remarked.
Justice Ayesha Malik also questioned the ECP’s decision-making process, asking how it had verified the authenticity of affidavits submitted to it.
“You had two affidavits, one from the winner saying it’s mine, and the other saying it’s not mine. Under what authority did you accept one affidavit as true without conducting an inquiry?” – Justice Ayesha Malik asked the ECP.
On November 21, the ECP disqualified Adil Khan Bazai, MNA from Quetta, over floor crossing under Article 63A of the Constitution.
According to the details, the electoral body announced its verdict today on disqualification references filed by the NA Speaker at the request of former prime minister Nawaz Sharif.
PML-N president asked the ECP to de-seat Bazai for violating party policy including not voting during the 26th Constitution Amendment and the finance bill.
Bazai, an independent candidate from NA-262 Quetta, had initially submitted an affidavit joining the PML-N, only to switch allegiance to the Sunni Ittehad Council a few days later.
During the hearing, Bazai’s lawyer claimed that his PML-N membership affidavit was fake.
