 
IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
 
PRESENT: 
 
 
 
Mr. Justice Umar Ata Bandial, CJ 
Mr. Justice Ijaz ul Ahsan 
Mr. Justice Munib Akhtar   
 
  
 
C.M.A. NO. 2769 OF 2023  
IN  
C.M.A. 2600 OF 2023  
IN  
CONST. P. NO.5 OF 2023 
(Representation on behalf of Election 
Commission of Pakistan) 
 
C.M.A. NO. 2770 OF 2023  
IN  
C.M.A. 2600 OF 2023  
IN  
CONST. P. NO.5 OF 2023 
(Compliance Report on behalf of 
Election Commission of Pakistan) 
 
C.M.A. NO. 2771 OF 2023  
IN  
C.M.A. 2600 OF 2023  
IN  
CONST. P. NO.5 OF 2023 
(Compliance Report on behalf of the 
State Bank of Pakistan) 
 
C.M.A. NO. 2772 OF 2023  
IN  
C.M.A. 2600 OF 2023  
IN  
CONST. P. NO.5 OF 2023 
(Compliance Report on behalf of 
Finance Division)  
 
C.M.A. NO. 2773 OF 2023  
IN  
C.M.A. 2600 OF 2023  
IN  
CONST. P. NO.5 OF 2023 
(Report by Attorney General on behalf of 
Federation of Pakistan) 
 
Mohammad Sibtain Khan and others  
(in all cases) 
…Applicant(s)  
 
 
Versus 
Election Commission of Pakistan 
through Chief Election 
Commissioner Islamabad and others  
(in all cases) 
 
 
 
…Respondent(s) 
 
CMAs. 2769-2773 of 2023 
In CMA No.2600 of 2023 in 
Const.P.5 of 2023. 
2
 
 
For the Applicant(s) 
(In CMA 2769 of 2023 etc.) 
: Mr. Mansoor Usman Awan, AGP 
assisted by:  
Barrister Maryam Ali Abbasi, Consultant 
Mr. M. Arshad, DG Law ECP 
Mr. Owais Sumra, Spl. Sec. Fin.   
Mr. Omer Hamid Khan, Secretary ECP 
Mr. Tanveer Butt, Addl. Secretary 
(Budget) 
Mr. Aamir Mehmood, Addl. Secretary  
Mr. Habibullah, J.S. Lit (Fin)   
 
 
 
 
 
 
Date of Hearing 
: 19.04.2023 
 
O R D E R 
There are a number of miscellaneous matters before the 
Court in the shape of various CMAs. We first take up CMA Nos. 
2770-2772/2023 since they relate to the compliance required by 
the order dated 14.04.2023 (“Order”), for the release of Rs. 21 
Billion to the Election Commission of Pakistan (“Commission”) for 
the holding of general elections to the Punjab and Khyber 
Pakhtunkhwa Assemblies. 
 
2. 
CMA 2771/2023 is a report filed by the State Bank of 
Pakistan stating that a sum of Rs. 21 Billion from Account No. I of 
the Federal Consolidated Fund (“Fund”) has been allocated for 
purposes of the aforementioned general elections. The Commission 
has however filed a report (CMA 2770/2023) stating that the said 
funds have not yet been made available to it. These CMAs are 
taken on record. 
 
3. 
The Finance Division, Government of Pakistan has also filed 
a report (CMA 2772/2023) in terms of the Order. The report seeks 
to justify why the funds have not been made available. Briefly 
stated, it is reported that the matter of providing the funds was 
placed before the Federal Cabinet which, at its meeting held on 
CMAs. 2769-2773 of 2023 
In CMA No.2600 of 2023 in 
Const.P.5 of 2023. 
3
17.04.2023, decided that a demand for the authorization and 
release thereof be sent to the National Assembly for its 
consideration in terms of Article 82(2) read with Article 84 of the 
Constitution. The following motion was tabled before the National 
Assembly the same day (“Demand No. 64A”): 
 
“That a supplementary grant not exceeding Rs. 21 
billion be granted to the Federal Government to meet 
the expenditure (other than charged) during the 
financial year ending 30th June, 2023 in respect of 
Election Commission of Pakistan (Demand No. 64A)” 
 
 
The Finance Division has reported that this motion was 
rejected by the National Assembly and the necessary funds could 
not therefore be made available to the Commission. 
 
4. 
The first point to note is that, as set out in the Order, it was 
specifically queried from the team from the Finance Division and 
confirmed by them, that Article 84 allows and enables the Federal 
Government to make expenditures from the Fund for, inter alia, 
“expenditure upon some new service not included in the Annual 
Budget Statement” during any financial year. For such expenditure 
the Federal Government obtains ex post facto authorization from 
the National Assembly in the form of a Supplementary Budget 
Statement. The team from Finance Division also stated that the 
normal practice was for the Supplementary Budget Statement for 
the current financial year (as also any previous years) to be laid 
before the National Assembly along with the Annual Budget 
Statement for the succeeding financial year, with both then to be 
approved. There can therefore be no doubt, as noted in the Order, 
that the Federal Cabinet all along itself had the authority and 
power to authorize the expenditure of Rs. 21 Billion from the Fund 
CMAs. 2769-2773 of 2023 
In CMA No.2600 of 2023 in 
Const.P.5 of 2023. 
4
in order to enable the Federation to perform its constitutional 
obligations in relation to the general elections. 
  
5. 
The learned Attorney General, in our view quite correctly 
and properly, did not attempt to seriously dispute the position as 
just stated. However, the reason why in the present case the 
matter was first referred to the National Assembly was sought to be 
explained. The learned Attorney General submitted that at an 
earlier date, the National Assembly had passed a resolution 
expressing its disapproval of the release of any funds for the 
holding of the general elections. It was this resolution that created 
a certain doubt and uncertainty, and so the Federal Cabinet 
decided to first refer to the National Assembly. On a query from the 
Court the learned Attorney General stated that the earlier 
resolution was not in terms of a specific request for a grant of 
funds for a financial measure. With respect, we were not satisfied 
that the earlier resolution stood in the way of the Federal Cabinet 
exercising its constitutional power under Article 84. The reasons 
for this are set out below. 
 
6. 
To the extent therefore that the report of the Finance 
Division concludes, or proceeds on the basis that, the Federal 
Government did not itself have the requisite constitutional 
authority and power at all times to authorize the expenditure of Rs. 
21 Billion for the general elections, it cannot be accepted. 
 
7. 
The effect of the Federal Cabinet’s decision to refer the 
matter to the National Assembly in terms as noted above, and for 
Demand No. 64A to be rejected when voted upon by that House 
may now be considered. In terms of the system of parliamentary 
CMAs. 2769-2773 of 2023 
In CMA No.2600 of 2023 in 
Const.P.5 of 2023. 
5
democracy envisaged by the Constitution the Government of the 
day must command the confidence of the majority of the National 
Assembly at all times. Furthermore, given that the office of Prime 
Minister has primacy (who is declared by Article 91(1) to be the 
chief executive of the Federation), this also means that the Prime 
Minister must enjoy the confidence of the majority of the National 
Assembly at all times. It follows from the foregoing (and this is an 
important constitutional convention) that the Government of the 
day must be able to secure the passage of all financial measures 
that it submits before the National Assembly. This would be 
certainly true for a financial measure of constitutional importance, 
i.e., one that seeks the release of funds for the holding of general 
elections to two Provincial Assemblies.  
 
8. 
When viewed from this perspective the rejection of Demand 
No. 64A has serious constitutional implications. One possibility is 
that the Government (and also, since the Federal Cabinet is 
appointed on the advice of, and is headed by, him, the Prime 
Minister) have lost the confidence of the majority of the members of 
the National Assembly. The learned Attorney General categorically 
stated that this was not so. The Federal Cabinet and the Prime 
Minister have, and had, at all times the confidence of the majority 
of the National Assembly. For present purposes, we accept this 
statement made by the learned Attorney General. The other 
possibility then is that the putative rejection of Demand No. 64A is 
to be regarded as anomalous, and the resulting situation can be 
rapidly rectified. The learned Attorney General fully appreciated 
the serious constitutional consequences that would flow, were the 
first possibility to reflect the correct position. Furthermore, any 
CMAs. 2769-2773 of 2023 
In CMA No.2600 of 2023 in 
Const.P.5 of 2023. 
6
future to and fro of this matter between the executive and 
legislative branches would not advance or serve any constitutional 
purpose. There would be a serious breach of constitutional duty 
and obligation. It is also to be emphasized that the orders of this 
Court seek only to enforce and effectuate binding constitutional 
obligations. A disobedience and defiance of the orders of the Court 
can itself have serious consequences. The learned Attorney General 
was therefore directed to draw the attention of the Federal Cabinet 
and the Prime Minister to the foregoing so that the matter is 
remedied at the earliest. The Court requires that appropriate 
remedial measures be taken in full measure not later than 
27.04.2023 and, in particular, by that date the sum of Rs. 21 
Billion be provided, in immediately available and realizable funds, 
to the Commission for the holding of the general elections to the 
Punjab and KPK Assemblies.   CMA 2772/2023 is, for the time 
being, dealt with in the foregoing terms. 
 
9. 
CMA 2773/2023 is filed by the Federal Government. It 
seeks to place on record a report, prepared by the Ministry of 
Defence, on the security situation in the country at the present 
time and for the next few months This CMA is moved under Order 
33, R. 6 SCR and the relief sought is for the order dated 
04.04.2023, whereby CP 5/2023 was finally disposed of, be 
recalled. It was pointed out to the learned Attorney General that 
such an application could not be entertained nor relief granted, as 
CP 5/2023 has been decided by final judgment. CMA 2773/2023 
is therefore disposed of as not maintainable. 
 
10. 
The last matter is CMA 2769/2023 which purports to be a 
representation filed by the Commission. It seeks, in essence, for 
CMAs. 2769-2773 of 2023 
In CMA No.2600 of 2023 in 
Const.P.5 of 2023. 
7
the Court to restore the date for the general elections to be 
08.10.2023, which was impugned before the Court in CP 5/2023 
and set aside by the order dated 04.04.2023. The Commission 
seeks restoration of the said date on essentially security grounds, 
which in large measure overlap the concerns expressed in the 
report of the Ministry of Defence appended to CMA 2773/2023. In 
our view the Commission seeks, in the guise of a representation, to 
re-agitate matters that were before the Court when CP 5/2023 was 
heard and decided, and in which two fully instructed learned 
counsel were permitted to make submissions on its behalf. It is 
impermissible to attempt to so reopen issues and questions that 
already 
stand 
finally 
decided. 
The 
representation 
is 
not 
maintainable and CMA 2769/2023 is disposed of accordingly. 
 
 
 
 
 
Sd/- 
Chief Justice 
 
 
 
 
Sd/- 
Judge 
 
 
 
 
 
 
 
Islamabad 
19.04.2023 
 
Sd/- 
Judge 
 
 
 
