ISLAMABAD: The electoral entity has reserved verdict in a case moved by Pakistan Muslim League Nawaz (PML-N) leadership seeking disqualification of Member National Assembly (MNA) Adil Khan Bazai from his legislative seat – for not voting against the controversial 26th Constitutional Amendment – allegedly against the party policy.
In the final hearing of the case, Bazai’s counsel, Tuesday, challenged the maintainability of the case before a three-member ECP bench on the grounds that the declaration of defection to be sent to speaker NA under Article 63A of the Constitution was required to be moved from the party head. But in this case, he said, the same was sent by PML-N Parliamentary Leader in NA Khawaja Asif instead of party President Nawaz Sharif.
Bazai joined Sunni Ittehad Council (SIC), after winning his NA seat in February general elections, within the stipulated period. The affidavit submitted to Election Commission of Pakistan (ECP) affirming Bazai’s PML-N membership is fake, he said.
Chief Election Commissioner Sikandar Sultan Raja, who headed the bench, inquired from the defence lawyer as to why did they not raise the issue of fake affidavit earlier.
The prosecution side also raised this issue that Bazai never contradicted the authenticity of the affidavit earlier, and became a PML-N MNA from NA-262 Quetta.
The defence side contradicted this claim, saying Bazai sided with the opposition benches in NA. The in authenticity of the related affidavit can be gauged from the fact that the computerised identity card number, mentioned on the affidavit as Bazai’s, is incorrect, the defence counsel maintained.
“We remained silent and did not raise this matter earlier because this issue never surfaced before,” the counsel argued.
Following the conclusion of arguments from both sides, the bench reserved its verdict, expected to be announced soon.
Article 63A(1) says, if a member of a parliamentary party composed of a single political party in a house — votes or abstains from voting in the house contrary to any direction issued by the parliamentary party to which they belong, in relation to—a money bill or a constitution (amendment) bill, they may be declared in writing by the party head to have defected from the political party, and the party head may forward a copy of the declaration to the presiding officer and the CEC, and shall similarly forward a copy to the member concerned: Provided that before making the declaration, the party head shall provide such member with an opportunity to show cause as to why such declaration may not be made against them.
The Article 63(3) reads, upon receipt of the declaration, the presiding officer of the house shall within two days refer, and in case fails to do so, it shall be deemed that to have been referred the declaration to the CEC who shall lay the declaration before the ECP for its decision confirming the declaration or otherwise within 30 days of its receipt by the CEC.
Copyright Business Recorder, 2024
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