Adil Khan Bazai vs Election Commission of Pakistan and another
This matter concerns the validity of a declaration of defection made by the Party Head of the Pakistan Muslim League (N) (PML(N)) against the appellant, Adil Khan Bazai, which had resulted in the loss of his National Assembly seat. The core legal question before the Supreme Court was whether the procedural and substantive requirements for declaring a member of a political party as having defected were satisfied in the instant case. The Supreme Court allowed the appeals, setting aside the impugned judgments passed by the Election Commission of Pakistan. The Court held that the declarations of defection made by the Party Head were not confirmed. Consequently, the Court ordered the restoration of the appellant's membership in the National Assembly, specifically clarifying that he holds this seat as an independent member rather than as a member of the PML(N) Parliamentary Party. The decision emphasizes the judicial scrutiny required regarding the process of disqualification based on alleged defection from a political party.
- Can a declaration of defection by a Party Head be set aside if the procedural requirements are not met?
- Does the restoration of a National Assembly seat following a set-aside defection order imply the member retains their original party affiliation?
- Is a member of the National Assembly who is cleared of defection charges entitled to sit as an independent member?
ORDER
Civil Appeals No. 1507 and 1508 of 2024 For reasons to be recorded later, these appeals are allowed. The impugned judgments passed by the Election Commission of Pakistan are set aside, and the declarations made by the Party Head of PML(N) that the appellant had defected from the said political party are not confirmed.
Accordingly, the appellant's membership of the National Assembly from seat NA-262 stands restored as an independent member, not as a member of the Parliamentary Party of PML(N).
CMAs No. 11341 and 11342 of 2024
2. Since the main appeals have been allowed, these applications are also disposed of accordingly.