 IN THE SUPREME COURT OF PAKISTAN 
 
(Appellate Jurisdiction) 
 
 
PRESENT: 
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, C.J 
MR. JUSTICE IJAZ AHMED CHAUDHRY 
MR. JUSTICE GULZAR AHMED 
 
 
CIVIL APPEAL NO. 427 OF 2013 
 
 
 Moulana Agha Muhammad  
…. Appellant 
Versus 
 
Returning Officer, NA 261 Pishin cum Ziarat & others 
…. Respondents 
 
For the Appellant 
 
Mr. Kamran Murtaza, ASC 
 
For the Respondents  
Nemo 
 
For the Applicant 
 
Mr. Muhammad Ikram Chaudhry, ASC 
(in CMA No.3012/13) 
 
Date of hearing   
 
31.5.2013 
 
 
O R D E R 
 
 
 
In this case petitioner’s nomination papers were 
rejected for the elections from NA 261 Pishin cum Ziarat vide 
order dated 7.4.2013 and against the rejection of nomination 
papers appeal filed by him also failed before the Election 
Tribunal, Balochistan at Quetta on 17.4.2013.  Against both 
these orders petitioner preferred a Constitution Petition before 
the High Court of Balochistan, Quetta, which was dismissed on 
19.4.2013 through a short order followed by detailed reasons 
dated 6.5.2013.  Against the order of the learned High Court 
Civil Petition for Leave to Appeal was filed in which leave to 
CA 427/2013 
2 
appeal was granted on 23.4.2013.  Simultaneously the 
operation of all the three orders dated 7.4.2013, 17.4.2013 and 
19.4.2013 operating against the appellant was suspended.   
2. 
 
Learned counsel for the appellant stated that 
appellant has been declared successful and a notification has 
also been issued.  We have pointed out to him that the result of 
the election shall be subject to the decision of the appeal 
pending before this Court, therefore, in the interest of justice we 
restrain the appellant from taking oath of the office of the 
Member of National Assembly NA 261 Pishin cum Ziarat.  
However, no sooner the appeal is decided the law shall take its 
own course.  At the request of the learned counsel hearing is 
adjourned to 12th June, 2013. 
3. 
 
Mr. Muhammad Ikram Chaudhry, learned ASC has 
submitted 
an 
application 
(CMA 
No.3012/2013) 
for 
impleadment.  Notice of the same be issued to the appellant as 
well as to the respondents.  In the meanwhile notice to the 
learned Attorney General for Pakistan and the Election 
Commission be also issued. 
 
Chief Justice 
 
Judge 
 
Judge 
Islamabad 
31.5.2013 
(Zulfiqar) 
