IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
Present: 
 
Mr. Justice Mian Saqib Nisar, HCJ 
Mr. Justice Umar Ata Bandial 
Mr. Justice Ijaz ul Ahsan 
 
 
Constitution Petitions No.37 to 45, 47 to 51 & 54 of 2017 
And  
Civil Miscellaneous Appeal No.244 of 2017  
UNDER ARTICLE 184(3) OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF 
PAKISTAN, 1973 
  
Zulfiqar Ahmed Bhutta 
Petitioner (in CP#37/17) 
Sheikh Rasheed Ahmed  
Petitioner (in CP#38/17) 
All Pakistan Aam Admi Party through its 
Chairman, Ch. Nasir Mehmood 
Petitioner (in CP#39/17) 
 
 
 
Pakistan 
Justice 
Party 
through 
its 
Chairman Muhammad Munsif Malik. 
Petitioner (in CP#40/17) 
 
  
Muhammad Dawood Ghaznavi 
Petitioner (in CP#41/17) 
Abdul Wadood Qureshi 
Petitioner (in CP#42/17) 
Sheikh Ahsan ud Din 
Petitioner (in CP#43/17) 
Pakistan 
Peoples 
Party 
through 
its 
Secretary General 
Petitioner (in CP#44/17) 
 
 
Jamshed Ahmed Khan Dasti 
Petitioner (in CP#45/17) 
National Party 
Petitioner (in CP#47/17) 
Malik Shah Muhammad Wazir 
Petitioner (in CP#48/17) 
Imran Khan 
Petitioner (in CP#49/17) 
Ishtiaq Ahmad Ch 
Petitioner (in CP#50/17) 
Gohar Nawaz Sindhu 
Petitioner (in CP#51/17) 
Amna Malik 
Petitioner (in CP#54/17) 
 
Istiqlal Party through its Chairman & 
others. 
Appellant (in CMA#244/17)  
 
VERSUS 
 
Federation of Pakistan through Secretary, 
Ministry of Law, Justice and Parliamentary 
Affairs and others 
 
Respondents  
(in CP#38-44, 47-50&54/17) 
Federation of Pakistan through Secretary 
Cabinet Division and others 
 
Respondents  
(in CP#45 &37/17) 
Prime Minister of Pakistan through Principal 
Secretary Cabinet Division, Islamabad and 
others 
Respondents  
(in CP#51/17) 
 
Federation of Pakistan through its Secretary, 
Civil Secretariat, Islamabad. 
Respondents  
(in CMA#244/17) 
 
 
For the Petitioner(s): 
In person. 
(in CP#37, 39, 41, 43, 50&51/17) 
 
Dr. Farough Naseem, ASC 
Mr. Faisal Farid Chaudhry, ASC. 
Syed Rafaqat H. Shah, AOR 
(in CP#38/17) 
 
Mr. M. Ikram Chaudhry, Sr. ASC 
(in CP#40/17) 
 
Sardar M. Latif Khan Khosa, Sr.ASC 
Ch. Akhtar Ali, AOR 
Assisted by Sardar Shahbaz Ali Khosa, 
Barrister Afzal Hussain, Malik Javed 
Iqbal, Syed Naz Gul Shah, Sardar Imran 
Rafique, Mr. Arshad Binyamin, 
Advocates.  
(in CP#44/17) 
 
Mr. Saeed Khurshid Ahmed, ASC 
(in CP#45/17) 
 
Mr. Khalid Abbas Khan, ASC 
Mr. Mehmood A. Sheikh, AOR 
(in CP#47/17) 
 
Dr. Babar Awan, Sr. ASC 
(in CP#48 & 49/17) 
 
Mr. Azhar Siddique, ASC. 
Ch. Akhtar Ali, AOR 
(in CP#50 & 54/17) 
 
Malik Munsif Awan, ASC 
(in C.M.Appeal#244/17) 
 
 
For the Respondent(s): Mr. Salman Akram Raja, ASC. 
Raja Zafar-ul-Haq, Chairman PML(N)  
Assisted by Mr. Asad Ladha and Malik 
Ghulam Sabir, Advocates.  
[On behalf of PML(N)] 
 
Nemo. 
(On behalf of Respondent No.4 in CP#38 & 39/17, 
Respondent No.7 in CP#42/17, Respondent No.5 in 
CP#43/17, 
Respondent 
No.2 
in 
CP#44/17 
and 
Respondent No.3 in CP#50/17) 
 
Mr. Kamran Murtaza, Sr.ASC 
Muhammad Usman Ansari,  
Deputy Secretary (Litigation)  
National Assembly. 
On Court’s Notice: 
Mr. M. Waqar Rana,  
Additional Attorney General for Pakistan 
Muhammad Arshad, DG (Law),  
 
Election Commission of Pakistan.  
 
Date of Hearing: 
21.02.2018 
 
 
 
SHORT ORDER 
 
 
 
MIAN SAQIB NISAR, CJ-. The Preamble to the 
Constitution of the Islamic Republic of Pakistan, 1973 (the 
Constitution) provides that, “sovereignty over the entire Universe 
belongs to Almighty Allah alone, and the authority to be exercised 
by the people of Pakistan within the limits prescribed by Him is a 
sacred trust”; .… “wherein the State shall exercise its powers and 
authority through the chosen representatives of the people; 
wherein the principles of democracy, freedom, equality, tolerance 
and social justice as enunciated by Islam shall be fully observed”; 
…. “wherein shall be guaranteed fundamental rights, including 
equality of status, of opportunity and before law, social economic 
and political justice, and freedom of thought, expression, belief, 
faith, worship and association, subject to law and public morality”.  
 
2. 
 
Article 17 of the Constitution grants to every citizen 
the fundamental right to form associations subject to any 
reasonable restrictions imposed by law in the interest of 
sovereignty or integrity of Pakistan, public order and / or morality.  
 
3. 
 
An elected Parliament, adorned with the chosen 
representatives of people on the one hand and the rule of law on 
the other hand are the foundations of democracy under the 
Constitution. Articles 62, 63 and 63-A of the Constitution create 
an integrated framework for ensuring that business of the 
Parliament is conducted by persons of probity, integrity and high 
moral character. These conditions are enforced by Articles 62 & 63 
of 
the 
Constitution 
by 
prescribing 
qualifications 
and 
disqualifications for membership to the Parliament.  
 
 
4. 
 
All laws pertaining to the election to Parliament and to 
participation in the proceedings thereof are to be read subject to 
such constitutional provisions in the exercise of the rights 
guaranteed by Article 17 of the Constitution.  
 
5. 
 
Under Article 63-A of the Constitution, the position of 
a Party Head of a political party that has representation in, inter 
alia, the Parliament has a central role in the performance of duties 
by the Members of the Parliament. For rendering such a role, a 
Party Head must necessarily possess the qualifications and be free 
of the disqualifications contemplated in Articles 62 & 63 of the 
Constitution.  
 
6. 
 
The Election Act, 2017 empowers a Party Head to 
perform multifarious functions that have direct nexus with the 
process of elections to the Parliament and to matters relating to the 
affairs of political parties having parliamentary presence.  
 
7. 
 
Therefore for detailed reasons to be recorded later, 
these Constitutional Petitions are allowed. It is held and declared 
that provisions of Sections 203 and 232 of the Election Act, 2017 
are liable to be read, construed and interpreted subject to the 
provisions of Articles 62, 63 and 63-A of the Constitution. 
 
8. 
 
As a consequence, it is declared that any person who 
suffers 
from 
lack 
of 
qualification 
under 
Article 
62 
or 
disqualification under Article 63 of the Constitution is debarred 
from holding the position of ‘Party Head’ by whatever name called 
and prohibited from exercising any of the powers provided in 
Article 63-A of the Constitution, as ‘Party Head’ or any other power 
in the said capacity under any law, rule, regulation, statute, 
instrument or document of any political party. Such bar and 
prohibition shall commence from the date of disqualification and 
 
continue 
till 
such 
time 
that 
the 
lack 
of 
qualification/disqualification of such person continues in terms of 
the provisions of Articles 62 and 63 of the Constitution.  
 
9. 
 
As a result of the above declaration, all steps taken, 
orders passed, directions given and documents issued by 
Respondent No.4 as Party Head after his disqualification on 
28.07.2017 are also declared to have never been taken, passed, 
given or issued in the eyes of the law. The Election Commission of 
Pakistan is accordingly directed to remove the name of Respondent 
No.4 (Mian Muhammad Nawaz Sharif) as President/Party Head of 
Respondent No.3 (Pakistan Muslim League (N) from all relevant 
record(s).             
 
Chief Justice 
 
 
 
Judge 
 
 
 
Judge 
 
ISLAMABAD, THE 
21st of February 2018. 
ZR/* 
APPROVED FOR REPORTING 
 
 
