IN THE SUPREME COURT OF PAKISTAN 
 
 
 
(Appellate Jurisdiction) 
 
 
 
 
PRESENT: 
 
 
MR. JUSTICE MIAN SAQIB NISAR, CJ 
 
 
MR. JUSTICE SH. AZMAT SAEED 
 
 
MR. JUSTICE MUSHIR ALAM 
 
 
MR. JUSTICE SARDAR TARIQ MASOOD 
 
 
MR. JUSTICE MAZHAR ALAM KHAN MIANKHEL 
 
 
CIVIL APPEALS NO.56-L & 57-L OF 2018, CIVIL MISC. 
APPLICATION NO.1503-L OF 2018 IN CIVIL MISC. 
APPLICATION NO.64-L OF 2013 IN CONSTITUTION 
PETITION NO.87 OF 2011, CIVIL MISC. APPLICATION 
NO.4823 OF 2018 IN C.P. NIL OF 2018, CIVIL MISC. 
APPLICATION NO.4825 OF 2018 IN C.P. NIL OF 2018, 
CIVIL MISC. APPLICATION NO.4827 OF 2018 IN C.P. 
NIL OF 2018 AND CONSTITUTION PETITIONS NO.30 
AND 31 OF 2018 
  
 
 
CA.56-L/2018 
 Speaker, National Assembly 
of Pakistan, Islamabad Vs. 
Habib Akram, etc. 
 
  
CA.57-L/2018 
 Election 
Commission 
of 
Pakistan 
Vs.Habib 
Akram, 
etc. 
 
  
CMA.1503-L/2018 
in 
CMA.64-L/2013 in 
Const.P.87/2011 
 Workers Party and others Vs. 
Federation of Pakistan and 
others 
 
  
CMA.4823/2018 in 
CP.Nil/2018 
 Federation 
of 
Pakistan 
through M/o Parliamentary 
Affairs and others Vs. Habib 
Akram and another 
 
  
CMA.4825/2018 in 
CP.Nil/2018 
 Federation 
of 
Pakistan 
through M/o Parliamentary 
Affairs and others Vs. Aitzaz 
CA Nos.56-L-2018 etc. 
2 
 
Aslam Chaudhry and another 
 
  
CMA.4827/2018 in 
CP.Nil/2018 
 Federation 
of 
Pakistan 
through M/o Parliamentary 
Affairs 
and 
others 
Vs. 
Muhammad Ahmed Kamal 
and others 
 
  
Const. P.30/2018 
 Dr. Muhammad Zubair Khan 
and others Vs. Federation of 
Pakistan, Islamabad for the 
purposes of service through 
Secretary, Law and Justice 
Division, Islamabad  
 
  
Const. P.31/2018 
 Saad Rasool Vs. Federation of 
Pakistan and others 
 
 
For the Appellant (s) 
(in CA.56-L/2018) 
: Mr. Shahid Hamid, Sr. ASC 
 
  
For the Appellant (s) 
(in CA.57-L/2018) 
: Raja M. Ibrahim Satti, Sr. ASC 
 
  
For the Applicant (s) 
(in CMA.1503-L/18) 
: Mirza Mahmood Ahmad, ASC 
 
  
For the Applicant (s) 
(in 
CMAs.4823 
and 
4825/2018) 
: Mr. Sajid Ilyas Bhatti, 
Additional Attorney General  
assisted by Barrister Minaal 
Tariq 
 
  
For the Petitioner (s) 
(in Const.P.30/2018) 
: Mian Abdul Rauf, ASC 
 
  
For the Petitioner (s) 
(in Const.P.31/2018) 
: Barrister 
Saad 
Rasool, 
Advocate 
 
  
 
  
M. Ayub Malik, 
President, National Party 
 
  
On Court Notice 
: Mr. Ashtar Ausaf Ali,  
CA Nos.56-L-2018 etc. 
3 
 
Attorney General for Pakistan 
assisted 
by 
Barrister 
Asad 
Rahim 
 
Mr. Babar Yaqoob Fateh, 
Secretary,  
Election Commission of 
Pakistan  
 
Mr. M. Arshad,  
Director General (Law), 
Election Commission of 
Pakistan 
 
  
Date of Hearing 
: 06.06.2018 
 
ORDER 
 
 
 
 
 
 
Mr. Shahid Hamid, learned Sr. ASC who 
appeared on behalf of the Appellant in Civil Appeal 
No.56-L of 2018 has been heard. The question of 
the maintainability of the instant appeals against 
the judgment of the learned Single Bench of the 
Lahore High Court, Lahore filed in the absence of 
Intra Court Appeals having been filed in terms of 
Section 3 of the Law Reforms Ordinance, 1972 is in 
issue. The question of the locus standi of the 
Appellant, who is the Speaker, National Assembly of 
Pakistan also needs to be determined. 
2. 
 
The lis  in the instant cases primarily 
revolves 
around 
the 
Nomination 
Forms 
for 
CA Nos.56-L-2018 etc. 
4 
 
candidates of the National Assembly and Provincial 
Assemblies issued in terms of Elections Act, 2017 
and the omissions therein when compared with the 
such Nomination Forms issued in  terms of 
Representation of the People Act, 1976 (ROPA) 
(since repealed). The adjudication in this behalf 
requires interpretation of various provisions of the 
Constitution of the Islamic Republic of Pakistan, 
1973 including Articles 62, 63, 218 to 222, 
therefore, notice is issued to the learned Attorney 
General for Pakistan in terms of Order XXVII-A 
CPC. 
3. 
 
Today, the question of interim relief needs 
to be examined. On the last date of hearing, while 
granting leave to appeal, operation of the impugned 
judgment was also suspended without hearing the 
opposite side. With regard to the information 
omitted from the Nomination Papers and Form A & 
B, as issued in terms of Elections Act, 2017, when 
examined in juxtaposition with the requirement of 
the Nomination Forms previously in vogue under 
the ROPA, 1976, it appears that the information, no 
CA Nos.56-L-2018 etc. 
5 
 
longer required to be disclosed, prima facie, would 
facilitate the determination of the qualification or 
disqualification of a candidate and would lead to 
greater transparency regarding the credentials of a 
candidate facilitating the electorate in making a 
more informative choice. 
4. 
 
In the above backdrop, on Court query, 
the learned Sr. ASC for the Appellant stated that 
neither his client (Speaker of the National Assembly) 
nor the Political Party to which his client belonged 
has any objection to the disclosure of said 
additional information and the leadership of such 
political party has come on record in this behalf. 
However, as per his contentions, some of such 
information previously required in the Nomination 
Forms is not really necessary. With his assistance, 
we examined each and every omitted clause of the 
Nomination Forms issued under ROPA, 1976, The 
learned counsel, at this stage, could not persuade 
us that such disclosure in any manner would 
prejudice any candidate. At best, some information 
may perhaps be unnecessary or surplus. 
CA Nos.56-L-2018 etc. 
6 
 
5. 
 
As an interim measure, we believe that 
such additional information, which was required to 
be disclosed through the Nomination Papers & 
Forms under ROPA, 1976 and now omitted through 
Nomination Papers contemplated by the Elections 
Act, 2017 must be disclosed by a candidate. Such 
disclosure is necessary to ensure the sanctity and 
integrity of the General Elections, 2018, as if the 
instant appeals eventually fail, complications in this 
behalf may arise. The learned counsel for the ECP 
also supports such interim measures.  
6. 
 
Mr. 
Babar 
Yaqoob 
Fateh, 
Secretary, 
Election Commission of Pakistan present in the 
Court was directed to prepare a draft Affidavit to be 
submitted by a Candidate disclosing the requisite 
information omitted by the Elections Act, 2017. 
Such draft affidavit was made available and is 
reproduced herein below, which shall form  part of 
this order:- 
AFFIDAVIT BY THE CANDIDATE FOR  
ELECTION TO THE ASSEMBLIES IN GENERAL 
ELECTIONS 2018 
 
 
I, 
………………………………………….s/o, 
d/o, 
w/o…………………………………, being a candidate for election to the National Assembly 
/ Provincial Assembly of ………………………………  (name of province) from 
CA Nos.56-L-2018 etc. 
7 
 
constituency No…………………………………………………  filed / am filing my 
nomination papers  on ……………………………………and in addition to Form A and 
Form B, I do hereby solemnly affirm and declare  to the best of my knowledge and belief 
that,— 
A. I am registered as a voter at serial number …………… in the electoral 
roll 
of 
electoral 
area………………………………………………………… 
of 
Tehsil/Taluka 
………………………………………… 
District 
…………………………………… 
B. No loan for an amount of two million rupees or more is obtained from 
any bank, financial institution, cooperative society or corporate body 
in my own name or in the name of my spouse or any of my dependents, 
or any business concern mainly owned by me or the aforesaid, stands 
unpaid for more than one year from the due date, or has got such loan 
written off; and 
C. I, my spouse or any of my dependents or a business concern mainly 
owned by me or the aforesaid, is not in default in payment of government 
dues or utility charges, including telephone, electricity, gas and water 
charges of an amount in excess of ten thousand rupees, for over six 
months, at the time of filing of nomination paper.  
D. The names of my spouse(s) and dependents are given hereunder which 
is correct and no name has been left out.  
Sr.No. 
 
Name of dependent 
 
Relation with the candidate 
1 
 
 
2 
 
 
3 
 
 
4 
 
 
5 
 
 
6 
 
 
Note-I: Use additional sheet if required. 
E. Neither I nor my spouse(s) nor any of my dependents mainly owns any 
business/firm/company except the following:  
__________________________________________________________ 
__________________________________________________________ 
__________________________________________________________ 
Explanation.— For the purpose of these declarations, the 
expression — 
(i) 
 “loan” shall mean any loan, advance, credit or finance 
obtained or written off on or after the 31st day of December, 
1985, but shall not include the loan the recovery of which has 
been stayed or suspended by any order of a court or tribunal, 
including the High Court and the Supreme Court; 
 (ii) 
“mainly owned” shall mean holding or controlling a 
majority interest in a business concern; 
 (iii) 
“taxes” include all taxes levied by Federal Government, 
Provincial Government or a local government, but shall not 
include taxes the recovery of which has been stayed or 
suspended by any order of a court or tribunal; 
(iv) 
 “government dues and utility charges” shall, inter alia, 
include rent, charges of rest houses or lodges owned by 
the Federal Government, Provincial Governments, local 
governments or corporations established or controlled by 
such governments, but shall not include the government dues 
and utilities charges the recovery of which has been stayed 
or suspended by any order of a court or tribunal. 
 
CA Nos.56-L-2018 etc. 
8 
 
F. No case of criminal offences was pending against me, six months prior 
to filing of my nomination papers.  
AND 
The following cases of criminal offences were pending against me, six 
months prior to filing of this nomination: 
Title and number of case 
Name of the Court 
 
 
 
 
 
 
G. My educational qualification is ………………………………………….. 
H. My present occupation is ………………………………………………. 
I. 
My passport number is ………………………………………………….. 
J. 
My National tax number, if any, is………………………………………. 
K. The income tax paid by me during the last three assessment years/ 
financial years is given hereunder:— 
Total Income 
*Source of income 
Tax Year 
Total Income Tax paid 
 
 
 
 
 
 
 
 
 
 
 
 
Note-II: Attach copies of income tax returns of the years mentioned above.  
*If more than one income resource, attach detail. 
L. Detail in respect of my travel abroad during last three years and cost 
incurred thereon is as under: (attach complete copy of the passport and 
detail of expenditure). 
Year 
Detail of countries visited 
Period of stay 
Cost Incurred 
Remarks  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
M. The agricultural income tax paid by me during the last three years is 
given below:  
Tax Year 
Land Holding 
Agricultural Income 
Total Agricultural Income Tax Paid 
 
 
 
 
 
 
 
 
 
 
 
 
Note III: Attach copies of agricultural tax returns of the last three years mentioned above or the 
certificate issued by the authority concerned in this behalf.  
N. Being elected as Member of National Assembly/Provincial Assembly 
from 
Constituency 
No……………………………………………………… in the year(s) 
…………………………………  I made important contributions for the 
benefit of my constituency the details of which are as follows: 
……………………………………………………………………………
…………….  
……………………………………………………………………………
…………….  
……………………………………………………………………………
…………….  
O. I have paid a sum of Rs…………. by way of contribution to the political 
party which has awarded me party ticket for this election. (Attach detail, 
if any).  
P. I have received a sum of Rs…………. from the party which has 
awarded me the party ticket (Attach detail, if any). 
Q. I shall make all election expenditures out of the money deposited in the 
exclusive account opened for the purpose detail of which has been 
mentioned in the nomination form and I shall not make any transaction 
towards the election expenses through an account other than the above 
account 
CA Nos.56-L-2018 etc. 
9 
 
R. I have not ceased to be a citizen of Pakistan nor have I acquired or 
applied for the citizenship of a foreign state  
OR 
I 
possess 
Foreign 
Passport 
No………………… 
issued 
by 
………………………… 
…………………………….. 
[name 
of 
country(s)].  
S. I have no objection if information concerning myself in relation to 
acquisition of citizenship of foreign State or application of such 
citizenship is provided by any foreign state to the Ministry of Foreign 
Affairs of the Government of Pakistan or Election Commission of 
Pakistan.  
T. The detail in respect of my Nets Assets is given as under: 
a. 
Net assets as on 30th June of current Financial 
Year…………………………….. 
b. Net assets as on 30th June of previous Financial 
Year…………………………… 
c. 
Increase/decrease (a-b)………………………………………………… 
U. I acknowledge that failure to give detail regarding any item in respect of 
Form A and Form B shall render my nomination to contest election 
invalid or if any information given therein and hereinabove are found 
incorrect at any time, my election shall stand void ab initio. 
V. I hereby assure that I shall abide by the Code of Conduct issued by the 
Election Commission. 
Signature of candidate 
……………………………………. 
Thumb impression of candidate 
…………………………………. 
     National Identity Card No.  
Address……………………………………………………
…………… 
……………………………………………………………
……  
Contact No. 
………………………. 
Dated………………………………. 
VERIFICATION ON OATH 
              I, 
................................................... 
S/o,W/o,D/o………………………..................... do hereby solemnly declare that, to 
the best of my knowledge and belief, the above contents of this affidavit are correct 
and nothing has been concealed therefrom.  
Signature of the candidate………………………………. 
Date ………………………………………….  
Place…………………………………………….. 
Attested by the Oath Commissioner……………………………………. 
Note: This affidavit is to be provided on stamp paper that will be duly attested by an Oath Commissioner appointed under the Oaths 
Act, 1873 (X of 1873).  
 
7. 
 
All 
candidates 
of 
the 
National 
and 
Provincial Assemblies shall file the said affidavit 
along 
with 
their 
Nomination 
Papers. 
Such 
 
 
 
 
 -  
  
 
 
 
 -  
 
CA Nos.56-L-2018 etc. 
10 
 
candidates who have already filed their Nomination 
Papers, shall file the said Affidavit with the 
Returning Officers by or before 11th June, 2018. The 
Secretary, ECP, has assured us that the aforesaid 
process will not in any manner upset the schedule 
of Elections so as to delay of holding of the General 
Elections on 25.7.2018, as already announced.  
8. 
 
It is clarified that failure to file such 
Affidavit before the Returning Officer would render 
the Nomination Papers incomplete and liable to 
rejection.  If the Affidavit or any part thereof is 
found false then it shall have consequences, as 
contemplated by the Constitution and the law. 
Since the Affidavit is required to be filed in 
pursuance of the orders of this Court, therefore, if 
any false statement is made therein, it would also 
entail such penalty as is of filing a false affidavit 
before this Court.  
9. 
 
The draft of the aforesaid Affidavit will 
immediately be put up by the Election Commission 
of 
Pakistan 
on 
its 
official 
website 
and 
communicated to all the Returning Officers. Such 
CA Nos.56-L-2018 etc. 
11 
 
draft Affidavit would also be publicized by the 
Election Commission of Pakistan in all the leading 
newspapers and the public will be informed through 
the Electronic Media in this behalf. 
10.  
Adjourned to a date in the office.   
 
 
 
 
Chief Justice 
 
 
 
 
 
Judge 
 
 
 
 
 
Judge 
 
 
 
 
 
Judge 
 
 
Islamabad, the 
6th June, 2018 
 
 
 
 
Judge 
Safdar/*