SC Halts EC’s Decision to Remove Adil Bazai from NA-262
Supreme Court Suspends Election Commission’s Decision to Remove Adil Bazai from NA-262 Quetta
The Supreme Court of Pakistan has temporarily suspended the Election Commission’s decision to de-seat Adil Khan Bazai, a National Assembly (MNA) member representing NA-262 Quetta. This decision came after a hearing in which the apex court considered Bazai’s appeal against his removal from the National Assembly.
Court’s Initial Hearing and Legal Proceedings
A three-judge bench of the Supreme Court, led by Justice Mansoor Ali Shah and comprising Justices Aqeel Abbasi and Ayesha Malik, heard the case in an initial hearing. Adil Bazai’s legal counsel, Taimoor Aslam, presented arguments before the bench, challenging the Election Commission’s decision.
During the hearing, Justice Mansoor Ali Shah engaged with Bazai’s lawyer, referring to the legal aspects of the case, mainly focusing on the Election Commission’s reliance on previous rulings regarding reserved seats in the assembly. With a hint of humor, Justice Shah questioned whether Bazai’s legal team was placing their faith in decisions related to reserved seats. Justice Aqeel Abbasi responded with a remark regarding recent amendments, suggesting that the situation might be different than expected.
Justice Ayesha Malik also raised pertinent questions about the relevance of the decision regarding reserved seats, asking whether Adil Bazai was on the original list of 81 members for reserved seats, further complicating the matter.
The Legal Debate: Election Commission’s Role
The central issue in the case was whether the Election Commission had the authority to de-seat Bazai under the provisions of Article 63-A of the Constitution. The petitioner’s lawyer, Taimoor Aslam, argued that the Election Commission had not adequately reviewed the facts of the case or conducted a fair inquiry into the matter.
Justice Mansoor Ali Shah questioned the Election Commission’s jurisdiction, explicitly asking why the matter involving Adil Bazai’s affidavits was not being handled by the civil court instead. This raised a critical point regarding the separation of powers and the Election Commission’s jurisdictional limits in such cases.
Controversy Over Affidavits and Allegations of Fraud
One of the main points of contention in this case was the issue of two affidavits submitted by Adil Bazai. Justice Ayesha Malik noted that Bazai had signed both affidavits but questioned whether the Election Commission had the authority to investigate alleged fraud in this context. This led to a further exploration of the Election Commission’s powers in such cases, especially when the matter was still pending in civil court.
Justice Mansoor Ali Shah remarked that any decision to remove a member of the National Assembly was a serious matter and required thorough examination. Given its far-reaching political and constitutional implications, the court emphasized that such a decision should not be made lightly.
Temporary Suspension and Next Steps
Given these arguments, the Supreme Court accepted Adil Bazai’s appeal for an initial hearing. It suspended the Election Commission’s decision to remove him from his seat in NA-262 Quetta. The court issued notices to the Election Commission and other concerned parties and adjourned the case until December 12, 2024, for further proceedings.
This suspension provides Adil Bazai with temporary relief while the court examines the case’s merits. The outcome of this hearing could have significant implications for the Election Commission’s legal authority and its ability to de-seat elected representatives under the relevant constitutional provisions.
Conclusion
As the legal battle continues, the case underscores the complexities of electoral law and the need to scrutinize decisions made by electoral bodies like the Election Commission. The Supreme Court’s involvement highlights the constitutional checks and balances to prevent the arbitrary removal of elected representatives from office.
Source: The Tribune
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