SC reinstates Bazai as independent MNA

The Supreme Court on Thursday reversed the Election Commission of Pakistan's (ECP) decision to de-seat Adil Bazai and restored him as an independent member of the National Assembly (MNA), observing that the measure for disenfranchising the people of a constituency must be very strict.

A three-member regular bench, headed by Justice Mansoor Ali Shah and comprising Justice Ayesha Malik and Justice Aqeel Abbasi, accepted Bazai's appeal, who represents NA-262 Quetta. The court said that a detailed verdict will be issued later.

Bazai, who had joined the PML-N after his election victory, had not attended the final days of the National Assembly session when the government had planned to pass the 26th Constitutional Amendment. He was also absent during the approval of the budget 2024-25.

The PML-N sent a reference to the NA speaker against Bazai, seeking termination of his membership for violating the party policy. The Speaker's Office forwarded the reference to the ECP for de-seating the lawmaker under Article 63 of the Constitution.

The ECP then issued a notification on November 21 de-seating Bazai, which was challenged in the apex court. On December 9, the regular bench suspended the ECP decision, while issuing notices to the ECP and others for Thursday.

In its short order, the bench stated that the ECP decision to terminate Bazai's membership was null and void, as the declaration of his disqualification given by the PML-N could not be confirmed. It further stated that Bazai was being reinstated not as a PML-N member but as an independent MNA.

During the hearing, Justice Shah remarked that any measure to disenfranchise people of a constituency should be very strict. Justice Abbasi said that this matter should not be taken lightly, because the effects of a false statement could reach the party chief.

Sardar Taimur Aslam, Bazai's lawyer, argued before the court that the ECP acted hastily, initiating action the day after receiving the matter. He added that he sought the affidavit regarding his client's affiliation with the PML-N.

Justice Shah said there was a picture of him taking oath in the National Assembly, but it was not clear who was signing it. Justice Malik asked the lawyer to show any document that proved that Bazai had joined the Sunni Ittehad Council (SIC).

Sardar Taimur said that there was a document dated February 20, in which Bazai had joined the SIC. However, Justice Shah pointed out that the Constitution stipulated that an independent member could join a party within three days of his election but Bazai's joining was late.

Justice Abbasi said that there was a difference in the signatures on the affidavits. He added that the Speaker's Office was not a mere forwarding agency. The ECP law officer said that under the relevant provision of Article 63A, the ECP confirmed the declaration.