Islamabad, January 20, 2025: Justice Ayesha Malik, in her additional note on the appeal involving MNA Adil Bazai, raised serious concerns about the Election Commission of Pakistan’s (ECP) failure to uphold its constitutional responsibilities during the 2024 General Elections.
Justice Malik emphasized that under the Constitution, a government’s authority stems solely from the will of the people, expressed through their right to vote and active participation in the electoral process. She highlighted that elections are the cornerstone of democracy, enabling registered voters to choose their representatives. However, in this case, the ECP’s inability to fulfill its constitutional mandate was evident.
Referring to the specifics of the case, Justice Malik noted that Adil Bazai joined the Sunni Ittehad Council on February 20, 2024, as per his oath. The council’s chairman informed the ECP about Bazai’s membership the same day. Despite this, a ruling in the Sunni Ittehad Council case left Bazai as an independent member of the National Assembly.
She pointed out that Bazai never submitted an affidavit dated February 16, 2024, which was central to the case. Instead, he filed a civil suit and a criminal complaint alleging that the affidavit was forged. On November 2, 2024, a Senior Civil Judge in Quetta suspended the affidavit, and the SHO’s investigation in the criminal complaint also declared the document fabricated.
Justice Malik criticized the ECP for disregarding the evidence provided by Bazai and uncritically accepting the claims made by the Pakistan Muslim League-Nawaz (PML-N) leadership in allegations of defection. “These actions clearly demonstrate the ECP’s bias in favor of a political party and the government,” she stated.
She reminded the ECP that elections are the backbone of democracy and that the commission serves as the guarantor of electoral integrity. She stressed that the ECP’s independence is fundamental to the electoral process, warning that any deviation risks undermining the foundations of democracy.
Justice Malik further cautioned against political interference in the ECP’s functions, stating that favoritism towards the government compromises the legitimacy of the political system. She emphasized the necessity of an independent constitutional body to ensure that the people’s will is reflected through fair elections.
In her concluding remarks, Justice Malik expressed regret that despite clear directives from the court, the ECP continues to act contrary to its constitutional obligations.
