The ECP must maintain Neutrality and avoid Political Biases to protect the Democratic Process --- Supreme Court of Pakistan

Islamabad 21-01-2025: The Supreme Court of Pakistan delivered a landmark decision restoring the National Assembly membership of appellant, an independent candidate from NA-262, Quetta-I. The Court set aside the Election Commission of Pakistan’s (ECP) orders declaring his defection from the Pakistan Muslim League (N) (PML-N), citing a lack of due process and procedural irregularities.

The case arose after the ECP confirmed declarations of defection made by the Party Head of PML-N under Article 63A of the Constitution. These declarations alleged that appellant had defected by sitting with opposition members and abstaining from key votes in Parliament. The appellant challenged the ECP’s decision, arguing that he never joined PML-N and that the affidavit alleging his membership was fabricated. The appellant presented substantial evidence, including a Civil Court order suspending the affidavit and a criminal inquiry report confirming its falsity.

The three-member bench, led by Mr. Justice Syed Mansoor Ali Shah and including Ms. Justice Ayesha A. Malik and Mr. Justice Aqeel Ahmed Abbasi, delivered a unanimous decision emphasizing the following points:

The Court ruled that the ECP overstepped its jurisdiction by making determinations on disputed facts, such as the validity of the affidavit, which fall under the purview of Civil Courts. The ECP’s findings were deemed provisional and subject to judicial review. The ECP failed to scrutinize evidence presented by appellant, including official records showing his independent status and a Civil Court’s suspension of the affidavit. This lack of due process violated the Appellant’s constitutional rights and undermined the integrity of the electoral process.

The Court reaffirmed several legal principles:

1. The ECP must objectively ascertain jurisdictional facts but cannot conclusively determine them in the face of disputes.
2. Arbitrary removal of elected representatives violates voters’ rights under Articles 17(2) and 19 of the Constitution.
3. The ECP must maintain neutrality and avoid political biases to protect the democratic process.

The Supreme Court of Pakistan allowed appellant’s appeals and set aside the ECP’s orders. His membership in the National Assembly was restored as an independent member. The Court clarified that its findings on the affidavit’s validity are subject to final adjudication by Civil Courts.

Powered by Froala Editor