Election Commission's decision to disqualify Adil Bazai declared null and void

 First, decide the issue of the jurisdiction of the Election Commission. Expelling someone from the assembly is not a trivial action, so the other side has to be looked at; Supreme Court remarks during the hearing

Monday 9 December 2024

Islamabad (News International / Pakistan News - 09th December, 2024) The Supreme Court has suspended the Election Commission’s decision to de-seat Adil Bazai as a Member of the National Assembly. According to the details, a three-member bench headed by Justice Mansoor Ali Shah held a hearing, Justice Aqeel Abbasi and Justice Ayesha Malik were also part of the bench. After the hearing, the court declared the Election Commission’s decision of November 21 to de-seat Adil Bazai null and void.

It has been reported that during the hearing, Adil Bazai’s lawyer Taimur Aslam referred to the decision regarding reserved seats, to which Justice Mansoor Ali Shah smiled and said to Taimur Aslam, “Oh, do you really want to rely on the decision regarding reserved seats?” Justice Aqeel Abbasi said, “Now they say that an amendment has also come.”

Justice Mansoor Ali Shah smiled and remarked, “Has the decision regarding reserved seats been implemented?” Anyway, let's move on', to which Justice Ayesha Malik said, 'Can you make a deduction from the decision on reserved seats in this case? Was Adil Bazai part of the list of 81 members with reserved seats?'.

During the hearing, the bench remarked that 'the court was told that the Election Commission cannot give a declaration, the court was told that it is the job of the civil court to determine which party the candidate belongs to', the lawyer of the petitioner Taimur Aslam said in his arguments that 'Adil Bazai was de-seated by the Election Commission under Article 63A, the Election Commission did not properly examine the facts and did not call Adil Bazai for an inquiry'.

On this occasion, Justice Mansoor Ali Shah raised the question that 'if the matter of Adil Bazai's affidavits was in the civil court, then how is the jurisdiction of the Election Commission? Can the Election Commission take notice of the pending matter of the Civil Court?’, Justice Ayesha Malik said that ‘Adil Bazai has two affidavits and he says he signed the second one, can the Election Commission inquire into the fraud?’, Justice Mansoor Ali Shah remarked that ‘First, let’s settle the issue of the jurisdiction of the Election Commission, expelling someone from the assembly is not a trivial action, so the other side will have to be looked at.’ Later, the court accepted the appeal of Adil Bazai, who was expelled from NA-262 Quetta, for preliminary hearing. The Supreme Court regular bench issued notice to the parties including the Election Commission and adjourned the hearing of the case till December 12.