IN THE SUPREME COURT OF PAKISTAN 
 
       (Original Jurisdiction) 
 
 
 
 
PRESENT: 
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, CJ 
MR. JUSTICE JAWWAD S. KHWAJA 
MR. JUSTICE SH. AZMAT SAEED 
 
 
CONSTITUTION PETITION NO.39 OF 2013. 
 
 
Raja Muhammad Zafar-ul-Haq, Senator, 
Senate of Pakistan, Parliament House, 
Islamabad  
 
 
     … Petitioner 
 
 
 
 
 
    VERSUS  
 
Election Commission of Pakistan, Election 
House, Constitution Avenue, Islamabad 
through its Secretary and two others  
 
 
    … Respondents 
 
 
 
For the petitioner: 
Ch. Muhammad Ashraf Gujjar, ASC 
Ch. Naseer Ahmad Bhutta, ASC 
Dr. Rana Shamim Ahmed, ASC  
with petitioner  
 
On Court Notice:  
Mr. Muneer A Malik, A.GP 
For respondents No.1 & 2: 
Syed Sher Afgan, Addl. Secretary, ECP 
 
For respondent No.3: 
N.R. 
 
Date of hearing: 
24.07.2013 
 
ORDER 
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ.- This Petition has been 
instituted by Raja Muhammad Zafar-ul-Haq, Senator/one of the elector for the 
Election of the Office of the President of the Islamic Republic of Pakistan, 
Const.P.No.115/2012. 
 
2
which has been scheduled following the mandate of Article 41(4) of the 
Constitution of the Islamic Republic of Pakistan, 1973, with the prayer that a 
direction be issued to the Election Commission of Pakistan (hereinafter referred 
to as “ECP”) to change its Schedule by holding Presidential Election, 2013 on 
30th July, 2013 (20th Ramazan, 1434) instead of 6th August, 2013 (27th Ramazan, 
1434). It is to be noted that, inter alia, the following grounds have been 
mentioned in the memo of petition to persuade this Court to grant the relief as 
noted herein below:- 
 “(i) 
that the last 10 days of Ramadan are normally the 
days of extensive spiritual and religious activity/worship 
and quite a number of the legislators may either be in 
Aitekaf or proceed for Umrah to Saudi Arabia during this 
period.  
 
(ii) 
that 6th August, 2013 shall fall on one of the last 
three days of Ramadan, probably on 27th day of Ramadan. 
This would be too close to Eid-ul-Fitr and many 
Parliamentarians may like to proceed their home-towns by 
then. 
 
(iii) 
That the Constitution guarantees that “ the Muslims 
shall be enabled to order their lives in the individual and 
collective spheres in accordance with the teachings and 
requirements of Islam as set out in the Holy Quran and 
Sunnah” 
 
(iv)……………………………………………. 
 
(v)……………………………………………. 
 
(vi) That if the Presidential elections are held on 6th 
August, 2013 (27th Ramadan), the fundamental rights of 
the Parliamentarians shall be infringed as they will not be 
able to participate in the Presidential elections in view of 
their engagements towards spiritual and religious plans in 
the last ten days of the Holy month of Ramadan.  
 
(vii) 
That the impugned schedule is also violative of the 
fundamental rights of the Petitioner as well as other 
Parliamentarians that if they opt to exercise their right of 
vote then they will have to give-up their spiritual and 
religious plans i.e. (1) Umrah, (2) Aitekaf in Pakistan or at 
Harman Sharifan, KSA” 
 
2. 
 
In response to the notice, the learned Attorney General for Pakistan 
alongwith the Additional Secretary, ECP appeared. With their assistance, we 
Const.P.No.115/2012. 
 
3
have gone through the Schedule announced by the ECP for the Election of the 
Office of the President of the Islamic Republic of Pakistan, the contents whereof 
are reproduced herein below:- 
Sl. No. 
Events 
Date 
    1 
2 
3 
(a) 
Filling of nomination papers with the 
Presiding Officers at Islamabad and with  
each of  the Presiding Officers at Lahore, 
Karachi, Peshawar and Quetta 
 
24.07.2013 
(Upto 12:00 noon) 
(b) 
Scrutiny of nomination papers by the 
Returning Officer at Islamabad  
26.7.2013 
(at 10:00 AM) 
(c) 
Withdrawal 
of 
candidature 
before 
the 
Returning Officer at Islamabad  
29.7.2013  
(Upto 12:00 noon) 
(d) 
Publication of the list of validly nominated 
candidates  
29.07.2013 
(at 1:00 p.m.) 
(e) 
Polling day and Polling time  
      06.08.2013 
(from 10:00 AM to  3:00 
PM) 
(f) 
Place of the Poll 
(1) The Parliament House, 
Islamabad. 
 
(2) The 
Provincial 
Assembly, 
Building 
Lahore   
 
(3) The 
Provincial 
Assembly, 
Building, 
Karachi  
 
(4) The 
Provincial 
Assembly, 
Building, 
Peshawar 
 
(5) The 
Provincial 
Assembly, 
Building, 
Quetta  
 
3. 
 
It is pointed out by the Additional Secretary, ECP that the ECP has 
to complete the procedural formalities after publication of the list of the Validly 
Nominated Candidates, therefore, the polling day and time has been fixed 6th of 
August, 2013. When we pointed out to him the reasons on account of which, the 
Const.P.No.115/2012. 
 
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request has been made for ante-dating  the polling, as incorporated in the 
petition, he sought time to seek instructions from the ECP. Accordingly, the 
following statement has been filed by him for consideration:- 
 “The Election Commission has considered the matter regarding 
change of Presidential Election Schedule. The Commission feels 
that it shall require three clear days between withdrawal-day and 
poll-day to complete all necessary arrangements for conduct  of 
poll. Whatever order is passed by this Hon’ble Court keeping this 
requirement in view will be complied with in letter and spirit.”  
 
4. 
 
It may not be out of context to note that the holding of Election of 
the Office of the President of the Islamic Republic of Pakistan is one of the most 
important Constitutional Activity, which has to be undertaken by the ECP, 
therefore, we are of the opinion that at the same time, it is the duty of the ECP to 
facilitate all the voters and electors, enabling them to exercise their right of 
franchise for the Election of the Office of the President of the Islamic Republic 
of Pakistan. Therefore, keeping in view the reasons/grounds put forward and 
also to ensure that the ECP may discharge its functions. We accordingly direct 
the ECP to change its schedule in the following order:- 
Sl. No. 
Events 
              Date 
    1 
2 
                 3 
(a) 
Filling of nomination papers with the 
Presiding Officers at Islamabad and with  
each of  the Presiding Officers at Lahore, 
Karachi, Peshawar and Quetta 
 
  24.07.2013 
 
(b) 
Scrutiny of nomination papers by the 
Returning Officer at Islamabad  
 
 
 
 
   26.7.2013 
(at 10:00 AM) 
(c) 
Withdrawal 
of 
candidature 
before 
the 
Returning Officer at Islamabad  
 
 
 
     27.7.2013  
(Upto 12:00 noon) 
Const.P.No.115/2012. 
 
5
(d) 
Publication of the list of validly nominated 
candidates  
      27.07.2013 
(at 5:00 p.m.) 
(e) 
Polling day and Polling time  
      30.07.2013 
(from 10:00 AM to 3:00 P.M.) 
(f) 
Place of the Poll 
 1.   The Parliament 
House,    
Islamabad. 
 
  2.   The Provincial  
Assembly, 
Building, Lahore   
 
3.     The Provincial 
Assembly, 
Building, Karachi  
 
 4.    The Provincial 
Assembly, 
Building, 
Peshawar 
 
5.     The Provincial 
Assembly, 
Building, Quetta 
 
5. 
 
The ECP may issue/revise Schedule, as it has been directed 
hereinabove, during the course of day.  
6. 
 
This Constitution Petition stands disposed, accordingly.  
 
 
 
 
 
 
 
 
 
    Chief Justice   
 
 
 
 
 
 
 
 
 
 
Judge 
 
 
 
 
 
 
 
 
 
 
Judge 
Islamabad, the 
24th July, 2013 
Not approved for reporting  
M. Safdar Mahmood/*