The Supreme Court of Pakistan on Thursday reversed the Election Commission of Pakistan’s (ECP) decision to disqualify Adil Bazai, reinstating him as the Member of the National Assembly (MNA) from NA-262 Quetta-I.
The ruling, delivered by a bench led by Justice Syed Mansoor Ali Shah, marked a significant victory for Bazai, who was elected as an independent candidate before joining the Sunni Ittehad Council (SIC).
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The SC expressed dissatisfaction with the ECP’s justification for Bazai’s disqualification, noting procedural concerns. In a short order, the court annulled the ECP’s decision, restoring Bazai’s position in the National Assembly.
Judges’ Remarks
During the proceedings, the justices raised critical questions about the ECP’s authority and its handling of the case. Justice Ayesha Malik questioned whether the ECP was operating above other institutions, remarking, “Is the ECP above all courts in the country?” She also criticized the commission for seemingly disregarding legal protocols.
Justice Syed Mansoor Ali Shah challenged the ECP’s trial authority, asking, “Does the ECP have the right to conduct trials? They appear to have taken on the role of a trial court.” He further criticized the ECP for failing to respect courts and magistrates or conducting proper inquiries.
Justice Malik also questioned how the ECP assessed affidavits, pointing out inconsistencies. She asked, “You had two affidavits—one claiming membership, another denying it. Under what authority did you accept one without conducting an inquiry?”
Justice Aqeel Abbasi added, “Can the ECP disqualify someone solely based on a letter from a higher authority?”
Background of the Case
The ECP disqualified Bazai following a reference filed by Pakistan Muslim League-Nawaz (PML-N) President Nawaz Sharif, alleging Bazai had committed ‘floor crossing.’ According to the ECP, Bazai initially submitted an affidavit joining the PML-N but switched allegiance to the Sunni Ittehad Council days later.
Bazai denied the allegations, claiming the PML-N membership affidavit was fake. Nawaz Sharif’s lawyer argued that Bazai’s actions violated the Constitution, particularly regarding votes on the finance bill and constitutional amendments.
Despite being listed as a PML-N member on the National Assembly’s website, Bazai consistently denied joining the party on social media. The PML-N reference alleged Bazai had become a dissident and sought his removal from the assembly seat.
With the SC’s decision, Bazai retains his position as an MNA, challenging the ECP’s authority and procedures in disqualification cases.
