IN THE SUPREME COURT OF PAKISTAN 
(APPELLATE JURISDICTION) 
 
Present: 
Mr. Justice Sh. Azmat Saeed 
Mr. Justice Ijaz ul Ahsan 
Mr. Justice Munib Akhtar 
 
 
CIVIL PETITION NO.2814  OF 2018  
(On appeal from the judgment dated 
5.7.2018 passed by the Lahore High 
Court, Lahore in W.P.No.223299/18) 
 
Waseem Zafar Jutt 
 
 
…Petitioner (s) 
 
 
Vs.  
 
Mian Muhammad Amjad Joya etc. 
 …Respondent (s) 
 
  
 
 
  
For the Petitioner (s) 
: 
Mr. Abdul Ghaffar, ASC 
Ch. Akhtar Ali, AOR 
 
For Respondent No.1 
 
: 
Mr. Muhammad Munir Peracha, ASC 
 
Date of hearing 
: 
19.07.2018. 
 
 
ORDER 
 
 
  
SH. AZMAT SAEED, J.- In the instant 
case the nomination papers of the private 
respondent 
candidate 
were 
accepted. 
The 
petitioner who is also a candidate, filed an appeal 
before the learned Appellate Tribunal, which was 
rejected on the ground of non-maintainability, 
which order was maintained in the Constitution 
Petition by way of the impugned order dated 
5.7.2018. 
CP 2814/18 
2 
2.   
It is the case of the Petitioner that in 
terms of Section 63 of the Elections Act, 2017, an 
appeal can be filed by a candidate against 
acceptance of the Nomination Papers of an 
opposing candidate and the fora below have 
misconstrued the law. The learned counsel for the 
Respondent has contended that even otherwise the 
Constitutional Petition filed by the Petitioner was 
not maintainable, more particularly, in view of 
Article 225 of the Constitution of the Islamic 
Republic of Pakistan, 1973.  
3.  
Leave to appeal is granted, inter alia, to 
consider the aforementioned questions. 
 
 
 
JUDGE 
 
 
 
JUDGE  
JUDGE 
Islamabad, the 
19th July, 2018 
Not Approved For Reporting 
Nisar/* 
 
