Islamabad: Adil Bazai’s membership in the National Assembly was restored after the Supreme Court suspended the decision of the Election Commission of Pakistan (ECP).
A three-judge bench comprising Justice Aqeel Abbasi and Justice Ayesha A Malik along with Justice Mansoor Ali Shah decided the fate of the appeal against the ECP decision.
The Supreme Court adjourned further proceedings till December 12.
On November 21, the Election Commission disqualified Bazai, Member of Assembly from Quetta, on the request of Speaker National Assembly Sardar Ayaz Sadiq. Bazai then approached the Supreme Court to challenge the disqualification.
Earlier, the commission had acted after PML-N President Nawaz Sharif accused Bazai of violating party policy by siding with the opposition during the passage of the 26th constitutional amendment.
Today’s hearing
According to the petitioner’s counsel Taimur Aslam, Bazai was removed by the ECP under Article 63-A. He said that the Election Commission neither examined the facts properly nor called Bazai for enquiry.
Aslam argued that the issue of Bazai’s affidavits is already pending in the civil court, raising questions over the jurisdiction of the ECP in the matter.
Justice Shah asked whether the ECP has the authority to take notice of the matter pending in the civil court. He highlighted that Bazai had two affidavits and claimed that he had signed only one of them.
Justice Ayesha also questioned whether the ECP could initiate an inquiry into allegations of fraud, stating that the scope of the ECP’s authority needed clarification before proceeding.
Emphasizing the seriousness of de-seating an elected representative, Justice Shah said that it is not an uncommon matter and a thorough examination of all aspects is required. Bazai had challenged the decision of ECP to de-seat the Member of National Assembly from NA 262 Quetta.