The Supreme Court of Pakistan turned down the Election Commission of Pakistan’s decision to de-seat MNA Adil Bazai on Monday.
ECP Pakistan deseated Adil Bazai on November 21st, 2024. A three-member bench headed by Justice Mansoor Ali Shah heard the case and passed the decision. Justice Aisha Malik and Justice Aqeel Abbasi were also members of the bench.
Taimur Malik fought the case of Adil Bazai. During the case, Malik referred to the decision of the reserved seats case by SCP. He argued that ECP de-seated Bazai under Article 63-A. Malik argued that the election commission neither conducted the a proper review of the facts nor summoned Bazai for inquiry.
Justice Mansoor Ali Shah, smiling, engaged in a conversation with Taimoor Aslam, saying, “Oh, are you really relying on the decision regarding the reserved seats?” Justice Aqeel Abbasi commented, “Now, they’re saying there has been an amendment.”
Justice Mansoor Ali Shah, with a smile, remarked, “Has the decision regarding the reserved seats been implemented? Well, let’s move on.”
Justice Ayesha Malik asked, “Can you rely on the decision regarding reserved seats in this case? Was Adil Bazai part of the list of 81 members with reserved seats?”
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Justice Shah questioned whether the ECP had the authority to take notice of the issue already pending in the civil court.
Justice Aisha Malik also questioned whether the ECP could initiate an inquiry into allegations of fraud, suggesting that the scope of the ECP’s authority needed clarification before proceeding further. The regular bench observed that the Election Commission cannot issue a declaration. The court was further told that determining the political affiliation of the candidate is the responsibility of the civil court.
PMLN has accused Adil Bazai of floor-crossing and siding with the opposition on the 26th Amendment. The court has now adjourned the next hearing till December 12th, 2024.