IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
 
 
 
PRESENT: 
 
 
 
Mr. Justice Umar Ata Bandial, CJ 
Mr. Justice Ijaz ul Ahsan 
Mr. Justice Munib Akhtar   
 
  
 
CONSTITUTION PETITION NO. 9 OF 2023 
(Holding General Elections of National Assembly and 
Provincial Assemblies on same date) 
 
 
Sardar Kashif Khan  
…Petitioner(s)  
 
 
Versus 
Federation of Pakistan, Law and 
Justice Division through its Secy. to 
the Law and Justice Division and 
others  
 
 
 
…Respondent(s) 
 
 
For the Petitioner(s) 
:  Mr. Shah Khawar, ASC 
 
  
Respondent(s) 
: Not represented.  
 
  
 
  
Date of Hearing 
: 19.04.2023 
 
O R D E R 
 
 
 
 Mr. Shah Khawar, learned ASC represents a 
concerned citizen who has approached the Court to highlight the 
alternate means of a political dialogue for ending the impasse on 
the issue of holding General Elections to the Punjab and KP 
Provincial Assemblies. Whereas the Court vide its judgment dated 
04.04.2023 had directed the General Elections to Punjab 
Provincial Assembly to be held on 14.05.2023, there is resistance 
to compliance with the said direction by the Election Commission 
of Pakistan, Federal Government and the Ministry of Defence. The 
grounds of their reservations are not germane to the present 
petition.  
Const.P.9 of 2023 
 
 
 
 
2
2. 
 
Learned counsel has argued that for ensuring 
peaceful, honest, just and fair elections there must be 
understanding and mutual respect among the political parties 
that participate in the general elections. He contends that 
historically the holding of simultaneous elections to the National 
Assembly and four Provincial Assemblies has secured a more 
durable outcome than the staggered elections held in 1970 and 
1977 as are being envisaged presently for the said two Provincial 
Assemblies.  
3. 
 
Prima facie, the submission made by the learned 
counsel appears to have substance because elections are 
contested in the political arena and these can be best conducted 
with the feedback and input of all electoral political forces in the 
country would contest in such elections. However, the Court 
considers that the alternative route proposed by the learned 
counsel cannot operate to negate or erase the date fixed by the 
Court in its judgment dated 04.04.2023 for the holding of General 
Elections to the Punjab Provincial Assembly which is in line with 
the dictates of the Constitution. This is for the reason that 
political dialogue must not be made a means for avoiding the 
imperative obligation under Articles 112 and 224 of the 
Constitution 
of 
Islamic 
Republic 
of 
Pakistan, 
1973 
(“Constitution”) to hold a general election to a provincial 
assembly with 90 days of its dissolution. Therefore, time is of the 
utmost essence in exploring the course suggested by the learned 
counsel. Correspondingly, we appreciate the initiative taken by 
the petitioner to propose the initiation of a political dialogue as a 
means for settling a practical and feasible date on which general 
Const.P.9 of 2023 
 
 
 
 
3
elections, that satisfy the requirement of Article 218(3) of the 
Constitution, are held.  
4. 
 
Keeping the time constraint in view, notice is issued 
to the respondents No.3 to 12 in this petition as well as to the 
Jamat-e-Islami 
through 
its 
Ameer 
for 
arranging 
their 
representation through their duly authorized and instructed 
senior office bearers of the respective parties to appear in-person 
before the Court tomorrow. Notice shall also be issued to the 
Federation of Pakistan, the Election Commission of Pakistan and 
the Attorney General for Pakistan under Order 27A of the CPC. 
Office shall send the notices through the various modes provided 
in law including special messenger and shall request the 
electronic and print media to convey the Court’s order to the 
respective political parties.  
5. 
 
To come up tomorrow i.e. 20.04.2023 at 11:00 am. 
 
 
 
 
Sd/- 
Chief Justice 
 
 
 
 
Sd/- 
Judge 
 
 
 
 
 
 
 
Islamabad 
19.04.2023 
 
Sd/- 
Judge 
 
