SC suspends ECP’s Decision to Disqualify PML-N Lawmaker Adil Bazai

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The Supreme Court on Monday suspended the Election Commission of Pakistan’s (ECP) decision to disqualify PML-N lawmaker Adil Bazai over alleged floor-crossing.

In October, the National Assembly Secretariat requested the ECP to unseat Bazai, citing discrepancies in his party affiliation. Official records list him as a PML-N member, yet he frequently criticizes the government and is seen on the opposition benches. It remains unclear which party supported his candidacy in the February 8 general election. Bazai contested from Quetta’s NA-262 constituency.

The ECP had reserved its verdict on November 12 regarding two references filed by Speaker of the National Assembly Sardar Ayaz Sadiq, accusing Bazai of violating the party’s policy. On November 21, the ECP disqualified Bazai, citing Article 63A of the Constitution.

Bazai’s counsel, Taimur Aslam, argued before the Supreme Court that the disqualification was unjustified. He claimed Bazai never joined the PML-N and asserted that a fake affidavit had been submitted to the ECP, requesting a forensic audit to verify its authenticity.

A three-member bench comprising Justice Mansoor Ali Shah, Justice Ayesha Malik, and Justice Aqeel Abbasi heard the case. Justice Shah questioned the ECP’s jurisdiction over matters involving affidavits under civil court proceedings. Justice Malik noted the existence of two affidavits and sought clarity on the ECP’s authority to investigate fraud allegations.

Justice Shah emphasized the gravity of disqualifying an elected representative, stating that all aspects must be thoroughly reviewed. The bench also referenced the SC’s previous ruling on reserved seats and its implications for the case, noting potential amendments to the Elections Act.

The Supreme Court issued notices to all relevant parties, including the ECP, and adjourned the hearing until December 12.

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