The Supreme Court of Pakistan on Thursday annulled the Election Commission of Pakistan‘s (ECP) decision to disqualify Adil Bazai, a Member of the National Assembly (MNA) representing NA-262 Quetta-I.
A three-judge bench, led by Justice Mansoor Ali Shah, ruled in Bazai’s favor, declaring the ECP’s decision invalid and raising concerns about the commission’s procedural shortcomings during the disqualification process.
The case originated when Bazai was disqualified from his NA-262 seat following allegations of affiliation with the Pakistan Muslim League-Nawaz (PML-N).
During the proceedings, Justice Ayesha Malik questioned the thoroughness of the ECP’s investigation, asking whether a comprehensive inquiry had been conducted. Justice Aqil Abbasi criticized the reliance on a letter from a higher authority as the basis for disqualification, emphasizing the need for substantial evidence. Justice Mansoor Ali Shah underscored that stricter criteria are required when disenfranchising voters.
Bazai’s counsel, Sardar Timur, argued that the ECP acted with undue haste, initiating proceedings just a day after receiving the complaint. He also highlighted that the documents supporting the disqualification, including an affidavit claiming Bazai’s PML-N membership, were not properly verified.
Justice Malik expressed doubts about the authenticity of the documents and questioned why the ECP accepted one affidavit while disregarding another. The bench further noted that Bazai was neither issued a show-cause notice nor given an opportunity to defend himself.
Justice Abbasi pointed out discrepancies in the affidavits, particularly differences in signatures, and criticized the ECP’s handling of the matter. The court concluded that such decisions require meticulous scrutiny and cannot be made arbitrarily.
