SC overturns ECP decision to disqualify MNA Adil Bazai

ISLAMABAD: The Supreme Court (SC) of Pakistan on Thursday overturned the Election Commission of Pakistan’s (ECP) decision to disqualify Adil Bazai, a Member of the National Assembly (MNA) from NA-262 Quetta-I.

The SC bench headed by Justice Syed Mansoor Ali Shah reinstated Adil Bazai as a member of the National Assembly, marking a major victory for the politician who was elected as an independent candidate and later joined the Sunni Ittehad Council (SIC).

The apex court was not satisfied with the ECP’s reasoning for disqualifying Adil Bazai, leading to the overturning of the decision. In its short order, the SC overturned the ECP decision and reinstated Adil Bazai as MNA.

Judges remarks

In their remarks, the judges raised questions about the ECP’s authority, asking if it is above all courts in the country.

“Is the ECP above all courts in the country?” – Justice Ayesha Malik asked, adding it seemed that it the election watchdog disregarded all institutions and laws.

Justice Syed Mansoor Ali Shah also expressed concerns, asking if the ECP has the right to conduct trials. He questioned the source of the ECP’s power, stating that it seemed to have taken on the role of a trial court.

“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. She expressed concerns that the Election Commission may be selectively accepting or rejecting affidavits.

“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.

Justice Aqeel Abbasi remarked,” Can the ECP just disqualify someone on basis of a letter from Baray Sahib,”

Read More: ECP disqualifies Adil Bazai over floor crossing

It may be noted here that the ECP, on a reference filed by Pakistan Muslim League-Nawaz (PML-N) President Nawaz Sharif, disqualified the MNA over ‘floor crossing’.

Adil Bazai, according to the ECP , 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, the MNA’s lawyer claimed that his PML-N membership affidavit was fake. Nawaz Sharif’s lawyer argued that Bazai’s actions violated the constitution, particularly in the finance bill and constitutional amendment voting.

Contesting as an independent candidate Bazai was declared winner from NA-262 (Quetta) and later displayed on the National Assembly’s website as joining the PML-N.

Adil Bazai repeatedly denied about joining the PML-N on social media accounts.

The PML-N reference read that the party’s lawmaker, the MNA has become dissident. Nawaz Sharif in his reference asked the electoral body to de-seat Bazai from his seat.