Supreme Court restores Adil Bazai as PML-N MNA

Supreme Court restores Adil Bazai’s seat, suspends ECP’s disqualification decision in NA-262 case.


News Desk December 12, 2024

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

A three-judge bench, led by Justice Mansoor Ali Shah, ruled in favor of Bazai, declaring the ECP's decision invalid and raising concerns over the commission's procedures during the disqualification process.

The case arose after Bazai was disqualified from his seat in NA-262, Quetta, following a complaint regarding his alleged affiliation with the Pakistan Muslim League-Nawaz (PML-N).

During the hearing, Justice Ayesha Malik questioned the thoroughness of the ECP's investigation, asking whether the commission had conducted a proper inquiry into the facts.

Justice Aqil Abbasi remarked that it was not acceptable to disqualify a member based solely on a letter from a higher authority, stressing that such a decision should be backed by strong evidence. Justice Mansoor Ali Shah added that the criteria for disenfranchising voters should be much stricter.

Bazai’s lawyer, Sardar Timur, argued that the ECP had acted hastily, beginning proceedings the day after the complaint was filed. The lawyer also pointed out that the documents provided to support the disqualification, including an affidavit alleging Bazai's PML-N membership, had not been properly verified.

Justice Malik raised concerns over the authenticity of these documents and questioned the ECP’s decision to accept one affidavit while ignoring another.

The bench further questioned whether the ECP had followed due process, with Justice Malik noting that no show-cause notice was issued to Bazai before the disqualification, nor was he given a chance to present his defense.

Justice Abbasi also highlighted discrepancies in the affidavits, pointing out that the signatures on them were noticeably different. The court expressed dissatisfaction with the ECP's handling of the matter, stating that such decisions should not be made lightly.

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