IN THE SUPREME COURT OF PAKISTAN 
(APPELLATE JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE TASSADUQ HUSSAIN JILLANI, HCJ 
MR. JUSTICE AMIR HANI MUSLIM 
MR. JUSTICE EJAZ AFZAL KHAN 
 
C.M.A. 7679 OF 2013 IN  
C.R.P. NO. 191 OF 2012 IN  
CONSTITUTION PETITION NO. 87 OF 2011 
(Application on behalf of Mr. Saifullah Nyazee, Additional 
Secretary PTI for recount of votes in 4 constituencies, after 
verification of thumb impressions) 
 
Workers Party Pakistan through Akhtar Hussain 
… Petitioner 
VERSUS 
Federation of Pakistan and others 
… Respondents 
 
For the Petitioner:  
Mr. Hamid Khan, Sr. ASC 
 
 
 
 
Mr. M.S. Khattak, AOR 
 
 
 
 
Mr. Imran Khan, Chairman, PTI 
 
For the Respondents: 
N.R. 
 
Date of Hearing:  
16.12.2013 
 
ORDER 
 
 
 
TASSADUQ HUSSAIN JILLANI, CJ.- Through this 
application, applicant who heads a political party makes a 
grievance that the directions given by this Court in the judgment 
reported at Workers Party Pakistan Vs. Federation of Pakistan 
(PLD 2012 SC 681) have not been complied with; that in the said 
judgment this Court had made certain declarations/observations 
and issued certain directions/instructions to ensure that the 
General Elections are free, fair and transparent; that there had 
been massive rigging in elections held on 11.5.2013 and the major 
victim of the said rigging has been applicant’s party while. While 
arguing the application, learned counsel in particular referred to 
various incidents / irregularities in four constituencies and 
submitted that a direction be issued for recounting of the votes 
CMA No. 7679/2013 in CRP No. 191/2012 in Constitution Petition No. 87/2011 
2
cast as it would give a broad / general idea as to the extent of 
rigging, which according to him has eroded the sanctity of the 
Elections. 
2. 
 
On Court query with regard to the maintainability of 
this application in view of the bar contained in Article 225 of the 
Constitution and in terms of Article 184(3) of the Constitution 
under which this application has been filed, learned counsel for 
the applicant referred to para 32 at page 719 of the afore-
mentioned judgment wherein this Court inter alia adverted to the 
jurisdiction of this Court in terms of Article 184(3) and had 
observed that the Court would have jurisdiction if the issue raised 
(a) relates and affects the Fundamental Rights provisions of the 
Constitution which in the instant case are Articles 17 & 25, (b) if it 
is public interest litigation; and (c) the proceedings are not 
adversarial rather are more than in the nature of being 
inquisitorial.  
 
 
At this stage Mr. Imran Khan sought permission to 
speak. However, this Court apprised him of the practice of this 
Court and the fact that he is represented by an able Member of the 
Bar. He requested for a few minutes and was allowed to speak. 
According to him the issue raised is not party specific rather it 
relates to the functioning of democracy which under the 
Constitution is not possible unless the electoral process is free, fair 
and transparent and the allegations leveled, according to him, 
indicate that there was massive rigging. He, however, added that 
he is conscious and appreciates the concern of this Court qua its 
jurisdiction but only prays that the Election Petitions pending 
before various Tribunals qua constituencies subject matter of this 
CMA No. 7679/2013 in CRP No. 191/2012 in Constitution Petition No. 87/2011 
3
application 
be 
directed 
to 
be 
decided 
expeditiously 
as 
notwithstanding the mandate of law that Election Petitions are to 
be decided within 120 days, those have not been decided. Mr. 
Hamid Khan referred to two cases in which despite direction of this 
Court the Tribunal did not decide the Election Petition and in yet 
another case the Tribunal did not comply with the order of the 
Election Commission wherein direction was issued to decide the 
application for comparison of thumb impressions within a certain 
period.  
3. 
 
We would not like to comment at this stage on the 
merits of the issues raised. However, in the interest of justice, we 
direct the Secretary, Election Commission of Pakistan to submit 
parawise comments. A report shall also be called from Election 
Tribunals Lahore and Multan to report about the non-compliance 
of the orders to which reference has been made in constituency 
numbers NA-125 (Lahore) and NA-154 (Lodhran). The report shall 
be submitted within a fortnight and the case shall be listed 
thereafter.  
 
 
CHIEF JUSTICE 
JUDGE 
JUDGE 
Islamabad, the  
16th of December, 2013 
