SC suspends ECP’s decision to de-seat Adil Bazai

ISLAMABAD: The Supreme Court on Monday suspended the Election Commission of Pakistan (ECP)’s November 21 decision to de-seat Adil Bazai, a member of the National Assembly from NA-262 Quetta-I.

The hearing was conducted by a three-member bench headed by Justice Mansoor Ali Shah and comprising Justice Aqeel Abbasi and Justice Ayesha Malik. 

During the proceedings, Adil Bazai’s counsel Taimoor Aslam referenced the precedent set by the ruling on reserved seats.

Justice Mansoor Ali Shah, smiling, questioned whether Aslam truly intended to rely on the contentious ruling, noting recent amendments to the law.

Justice Ayesha Malik also asked whether Adil Bazai’s case could depend on the reserved seats decision and whether Bazai had been part of the list of 81 members related to that ruling. 

The bench was informed that the ECP lacks the authority to issue declarations of this nature and that determining a candidate’s party affiliation falls within the jurisdiction of civil courts. 

Aslam argued that Adil Bazai had been de-seated under Article 63(A) without due inquiry or proper evaluation of the facts. He contended that the ECP neither reviewed evidence adequately nor summoned Bazai to provide his defense. 

Justice Mansoor Ali Shah raised concerns about the ECP’s jurisdiction, questioning how it could act on a matter already under litigation in a civil court.

Justice Ayesha Malik further asked whether the ECP could investigate allegations of fraud, considering Adil Bazai had submitted two conflicting affidavits regarding his party affiliation. 

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The bench emphasized that disqualifying a legislator is a serious matter that requires a thorough review of all aspects. Accepting Bazai’s appeal for initial hearing, the court issued notices to the ECP and other respondents, adjourning the case until December 12. 

On November 21, the ECP declared Bazai’s seat vacant after disqualifying him under Article 63(A) on a reference filed by Speaker Ayaz Sadiq on behalf of Pakistan Muslim League-Nawaz (PML-N) head Nawaz Sharif. The reference accused Bazai of violating party directives during the federal budget session. 

Bazai, who was elected as an independent candidate in the February 8 elections and later joined PML-N, was seen supporting Pakistan Tehreek-e-Insaf (PTI) and Sunni Ittehad Council (SIC) members during key votes. Under the Constitution, independent lawmakers cannot switch party affiliations after submitting loyalty affidavits to the ECP. 

The ECP had reserved its decision on Bazai’s disqualification reference on November 12. The reference was based on a report from the National Assembly Secretariat, which accused Bazai of defying party leadership’s instructions.