IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
 
 
Mr. Justice Umar Ata Bandial, CJ 
Mr. Justice Ijaz ul Ahsan 
Mr. Justice Jamal Khan Mandokhail  
 
 
Civil Petition No.2242 of 2022 
Against a short order of the Lahore High Court, 
Lahore dated 30.06.2022 passed in Writ Petitions 
No.30456 of 2022, etc. 
 
 
Mohammad Sibtain Khan and others  
 
…Petitioner(s) 
Versus 
 
Province of Punjab through its Chief 
Secretary, Lahore and others   
…Respondent(s) 
 
For the Petitioner(s) 
: Dr. Babar Awan, Sr.ASC 
Mr. M. Azhar Siddique, ASC 
Ch. Faisal Fareed, ASC 
Mr. Imtiaz Rashid Siddiqui, ASC  
(via video link from Lahore) 
Syed Muhammad Ali Bukhari, ASC 
Mr. Amir Saeed Rawn, ASC 
Mr. Mazhar Siddique, ASC 
Mr. Shehryar Kasuri, ASC  
(via video link from Lahore) 
Mr. Imdad Hussain Chandio, Adv. 
Barrister Abdullah Babar Awan, Adv. 
Mr. Rai Muhammad Ali, Adv.  
 
 
 
On Court’s Call 
: Mr. Shahzad Shaukat, AG Punjab.  
(via video link from Lahore) 
Barrister Qasim Ali Chohan, Addl. AG 
Ch. Pervaiz Ellahi, Speaker Punjab Assembly  
(via video link from Lahore) 
Mr. Hamza Shehbaz Sharif, CM Punjab  
(via video link from Lahore) 
 
  
For Respondent#5  
: Mr. Mansoor Usman Awan, ASC 
Mr. Khalid Ishaq, ASC  
(via video link from Lahore) 
 
  
Date of Hearing  
: 01.07.2022 
 
O R D E R 
 
 
 
IJAZ UL AHSAN, J-. The petitioners seek leave to 
appeal against an order of the Lahore High Court, Lahore 
dated 30.06.2022 (“impugned order”). Through the impugned 
Civil Petition No.2242 of 2022 
 
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order passed by a majority of four (04) to one (01), writ 
petitions filed by some of the petitioners have partly been 
allowed and it has been directed that a session of the Punjab 
Assembly be resumed on 01.07.2022 (Friday at 4:00 pm) to 
hold a poll in terms of Article 130(4) of the Constitution of 
Islamic Republic of Pakistan, 1973 (“the Constitution”). All 
the functionaries under the Constitution and the law have 
been directed to act jointly and severally to implement the 
directions of the High Court. It has observed that “for clarity it 
is explained that Hamza Shehbaz shall cease to be Chief 
Minister, if he loses the required majority after exclusion of 25 
votes by Presiding Officer and the communication of his being 
elected candidate under Rule 21 alongwith Notification dated 
30.04.2022 shall deem to have been quashed. Accordingly, it 
is directed that the Assembly session so resumed shall not be 
prorogued till the election process is completed and the 
Presiding Officer (Deputy Speaker) intimates the result of the 
elected Chief Minister to the Governor under Rule 21 of the 
Rules of Procedure of the Provincial Assembly of the Punjab, 
1997”. It has further been directed that the Presiding Officer 
shall recount votes after excluding 25 votes (cast by defecting 
members of Pakistan Tehreek-e-Insaf) already cast in the 
election held on 16.04.2022. After excluding the said votes, if 
a majority under Article 130(4) of the Constitution is not 
secured by any candidate, the Provincial Assembly shall 
proceed for a second poll for completing the process of the 
election as required under Article 130(4) of the Constitution.  
Civil Petition No.2242 of 2022 
 
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2. 
 
It may be noted that the Respondents have not 
challenged the impugned order of the High Court. It is only 
the petitioners who have approached this Court through this 
petition inter alia praying that the impugned order dated 
30.06.2022 may be amended/modified to the extent of 
provision of adequate and sufficient time to hold a session of 
the Punjab Assembly enabling the members to participate in 
the proceedings by issuance and proper service of notice upon 
the members of the Provincial Assembly so that they may 
exercise their right to vote for the election of the Chief 
Minister, Punjab in a fair and transparent manner. It has also 
been prayed that the Chief Minister, Punjab may be removed 
pending the election process due to absence of a valid 
notification of his appointment and that the Court may grant 
such time and issue such directions that free and fair election 
to the office of the Chief Minister, Punjab takes place with the 
participation of duly constituted Assembly in accordance with 
democratic norms of the Constitution. By way of interim 
relief, it has been prayed that during pendency of this 
petition, the election process may be suspended.  
 
3. 
 
We have heard learned counsel for the parties at 
considerable length and gone through the material available 
on record.  
 
4. 
 
During the course of hearing, we directed personal 
appearance of Mr. Muhammad Hamza Shehbaz Sharif 
(“Mr.Sharif”) who had secured 197 votes in the election held 
on 16.04.2022 and has since been notified as the Chief 
Civil Petition No.2242 of 2022 
 
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Minister, 
Punjab 
vide 
notification 
No.SO(CAB-II)2-
12/2018(Vol-I) dated 30.04.2022 and Ch.Parvez Ellahi 
(“Mr.Ellahi”), who is presently the Speaker, Punjab Assembly 
and was also a contesting candidate for the office of Chief 
Minister, Punjab in the election held on 16.04.2022.  
 
5. 
 
When Mr. Ellahi appeared before us he stated that 
some of the members who support him were out of the 
country for the performance of Hajj or for other reasons and 
would not be able to participate in the election process. Five 
(05) members on reserved seats who represent the minorities 
and women and also support him have not so far been 
notified by the Election Commission of Pakistan (“ECP”) 
despite orders passed by the Hon’ble Lahore High Court will 
also not be able to vote. Further, the seats of 20 members of 
the Provincial Assembly who had been de-seated on account 
of defection are vacant and bye-elections to such seats have 
been announced for 17th of July, 2022. He therefore 
maintained that presently the House was not complete and it 
would be in the spirit of the Constitution as well as 
democratic norms that the election of the Chief Minister, 
Punjab be held when the House is complete and all eligible 
members are given an opportunity to cast their votes in 
accordance with law.  
 
6. 
 
On our query, he initially took the position that till 
the time that the Chief Minister, Punjab is duly elected in 
accordance with law and the Constitution, the notification of 
Mr. Sharif may be set aside, he may be removed from the 
Civil Petition No.2242 of 2022 
 
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office of the Chief Minister, Punjab and some alternate and 
impartial arrangement may be made to ensure that the 
election is conducted in a free, fair and transparent manner.  
 
7. 
 
On the other hand, Mr. Sharif took the stance that 
he had no objection if the fresh election for the position of the 
Chief Minister, Punjab was held after 17th of July, 2022. 
However, he submitted that he still held a numerical majority 
in the House and could show such majority if the second poll 
in terms of Article 130(4) of the Constitution is held today as 
directed by the High Court. He further submitted that if he is 
allowed to continue as the Chief Minister, Punjab till the fresh 
poll is held, he would have no objection to the arrangement 
proposed by Mr. Ellahi.  
 
8. 
 
The parties before us and their respective learned 
counsel were given time to confer and seek instructions from 
the top leadership of their respective parties. An agreement 
was reached between them for a political solution with the 
consensus of their respective political parties involved in the 
instant election process, namely, Pakistan Muslim League (N), 
Pakistan Muslim League (Q) and PTI who are before us.  
 
9. 
 
Mr. Babar Awan, learned ASC, who represents the 
Leader of the Opposition in the Punjab Assembly earlier took 
a different stance but subsequently after consultation with 
the Leader of the Parliamentary Party of PTI in the Punjab 
Assembly as well as the Party Head agreed to the consensus 
which was earlier arrived at between Mr. Sharif of PML(N) and 
Civil Petition No.2242 of 2022 
 
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Mr.Ellahi who represents PML(Q), the coalition partner of PTI 
in the Provincial Assembly but without prejudice to their 
respective legal and constitutional positions in the interest of 
resolving the present constitutional impasse. 
 
10. 
 
Based on the unqualified consent of all parties 
before this Court and the assurances obtained by the Court 
from Mr. Sharif, the following order is passed which would 
amend and modify and to that extent override the impugned 
order of the Lahore High Court dated 30.06.2022: 
i) 
The second poll for election of the Chief 
Minister, Punjab in terms of the proviso to 
Article 130(4) of the Constitution shall be 
held on Friday, 22.07.2022 at 4:00 pm in the 
Punjab Assembly Building as suggested by 
Mr. Ellahi, the Speaker, Punjab Assembly 
and consented to by Mr. Sharif as well as 
Mr. Babar Awan, learned ASC representing 
the Leader of the Opposition in the Punjab 
Provincial Assembly.  The session in which 
such poll takes place will be chaired by the 
Deputy Speaker of the Assembly. The 
Speaker/Deputy 
Speaker 
shall 
issue 
a 
formal notification convening the session in 
this regard after fulfilling all legal and 
procedural formalities within one week from 
today; 
ii) 
Till such time that the poll as directed above 
is held in accordance with the Constitution, 
Mr. Sharif has undertaken before the Court 
that he and his Cabinet shall exercise the 
powers and function their offices strictly in 
fiduciary capacity as envisaged by the 
Constitution and the law to support the 
Civil Petition No.2242 of 2022 
 
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process of bye-election in the Province to be 
conducted in a free, fair and transparent 
manner by the Election Commission of 
Pakistan. That such commitment to act as 
trustees is meant to fulfil the duty of care 
towards citizens of Punjab so that they are 
not deprived of due representation and 
governance, and to avoid any constitutional 
vacuum, anomaly or complication. However, 
such entrustment shall continue only till 
22.07.2022 when a second poll takes place 
in terms of Article 130(4) of the Constitution; 
iii) 
The Lahore High Court shall issue its 
detailed 
reasons 
for 
the 
order 
dated 
27.05.2022 passed in W.P.No.34654 of 2022 
in this regard within one week from today 
which 
shall 
be 
implemented 
by 
ECP 
forthwith by issuing the notification of the 
names of the candidates against reserved 
seats in accordance with the directions 
issued by the Lahore High Court. If any 
person is aggrieved of any such notification, 
he/she shall have the right to agitate such 
grievance before the appropriate forum in 
accordance with law; 
iv) 
Bye-election (due to be held on 17.07.2022) 
against the seats which had become vacant 
on account of defection of members of PTI 
shall be held in a free, fair and transparent 
manner. The process shall be completed as 
per the schedule already announced by the 
ECP. The final result(s) and notification(s) 
shall also be issued accordingly. Any and all 
disputes arising out of or relating to such 
bye-election shall be dealt with by the 
relevant fora, in accordance with law;  
 
Civil Petition No.2242 of 2022 
 
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v) 
The ECP as well as all relevant State 
functionaries including members of the 
Parliament and the Provincial Assemblies, 
Ministers, Advisors, etc shall ensure that all 
parties follow the election laws as well as the 
Code of Conduct issued by the ECP in their 
letter and spirit and refrain from any 
interference, inducement or influence in the 
affairs 
of 
the 
executive, 
the 
local 
administration, the ECP, etc or indulge in 
corrupt and illegal practices, the use of State 
machinery in the process of bye-elections, 
harassment, intimidation or use of law 
enforcement agencies against opponents/ 
candidates or their supporters, etc except to 
restore law and order. 
vi) 
No transfers or postings of officials of the 
local 
administration, 
police, 
Provincial 
Election 
Commission, 
etc 
shall 
be 
undertaken in order to ensure fairness and 
transparency of the election except in 
accordance with specific provisions of the 
Election Act, 2017 and the Code of Conduct 
to meet emergency situations. Further, no 
fresh development schemes and/or financial 
allocations 
shall 
be 
made 
in 
the 
constituencies where the bye-election is to 
be held till finalization of the bye-election. In 
the event of violation of the provisions of the 
Election 
Act, 
relevant 
rules 
framed 
thereunder or the Code of Conduct, the ECP 
shall take appropriate action in accordance 
with law; and 
vii) 
The Speaker, Punjab Assembly has given a 
categoric assurance that all matters relating 
to the business of the Assembly shall be 
handled 
and 
dealt 
with 
peacefully, 
Civil Petition No.2242 of 2022 
 
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impartially and transparently within the 
Assembly Chambers and its relevant offices 
in accordance with the Constitution, the law 
and the rules. In addition, all parties 
including 
Mr. 
Sharif 
have 
categorically 
assured and stated that a peaceful and 
congenial atmosphere will be maintained not 
only during the poll but also in the 
proceedings in the Provincial Assembly held 
thereafter until announcement of the result. 
We expect that such undertakings and 
assurances 
shall 
be 
honoured 
and 
implemented. 
viii) It is unreservedly and categorically agreed 
and undertaken by all parties before us that 
it is the constitutional, legal and moral 
responsibility of all political parties and their 
members/candidates 
involved 
in 
bye-
elections and the subsequent voting in the 
Provincial Assembly to abide by the ECP 
Code of Conduct and the Rules of Procedure 
of 
the 
Provincial 
Assembly 
and 
the 
norms/conventions of the parliamentary 
conduct.  
 
11.  
Before parting with this order, we wish to 
record our appreciation regarding the positive and 
constructive attitude adopted and the role played not 
only by the top leadership of three political parties 
involved in the dispute but also by the respective learned 
counsel.  
 
12.  
This petition is accordingly disposed of and the 
impugned order of the Lahore High Court, Lahore dated 
Civil Petition No.2242 of 2022 
 
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30.06.2022 is modified and amended in the aforenoted 
terms. 
 
 
 
Chief Justice 
 
 
 
 
Judge 
 
 
 
 
 
Judge 
ISLAMABAD, THE  
01.07.2022 
ZR/* 
Not Approved For Reporting  
 
 
 
 
 
 
