ADIL KHAN BAZAI vs ELECTION COMMISSION OF PAKISTAN arts — 2025 PLD 319 SUPREME-COURT

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ADIL KHAN BAZAI VS ELECTION COMMISSION OF PAKISTAN arts. 63a(1), 63a(2), 63a(3) & 63a(5)---Declaration of defection---Disqualification--- affidavit of consent---Genuineness--- appellant/ Member of National assembly contested election as an independent candidate and after winning the election submitted affidavit of consent to join respondent political party---Party Head of respondent political party invoked defection clause against appellant, and resultantly Election Commission disqualified him---Contention of appellant was that his affidavit of consent was a forged document and he did not give any such consent to join respondent political party---Validity---appellant was not shown to have ever acted as member of respondent parliamentary party, but had consistently conducted himself as member of another political party---Election Commission should have proceeded on the assumption that appellant was not member of respondent political party---Election Commission's finding on genuineness and validity of consent affidavit were contrary to the weight of the material on record and was legally unsustainable---appellant was not found to be member of respondent political party and declarations made by Party Head of respondent political party regarding appellant's defection from that party and confirmation thereof by the Commission through orders in question were without jurisdiction---Supreme Court set aside orders passed by Election Commission and declarations made by respondent political party regarding defection of appellant---Supreme Court restored membership of appellant as an independent member and not as member of respondent political party---appeal was allowed.

ADIL KHAN BAZAI vs ELECTION COMMISSION OF PAKISTAN arts — 2025 PLD 319 SUPREME-COURT

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