IN THE SUPREME COURT OF PAKISTAN 
  
 
(Original Jurisdiction) 
 
 
 
 
PRESENT: 
 
Mr. Justice Umar Ata Bandial, CJ 
 
Mr. Justice Ijaz ul Ahsan 
 
Mr. Justice Munib Akhtar 
 
Mr. Justice Amin-ud-Din Khan  
 
Mr. Justice Jamal Khan Mandokhail 
 
CONSTITUTION PETITION NO.5 OF 2023 
(Re: setting aside order dated 22.03.2023 passed by the Election 
Commission of Pakistan being ultra vires the Constitution) 
 
 
Mohammad Sibtain Khan & others  
…Petitioner(s) 
 
 
  
 
 
 
Versus 
 
Election Commission of Pakistan  
thr. Chief Election Commissioner, 
Islamabad and others    
 
 
…Respondent(s) 
 
 
 
 
 
 
 
For the Petitioner(s) 
: Syed Ali Zafar, ASC.  
Mr. Gohar Ali Khan, ASC.  
 
  
For the Federation  
: Ch. Aamir Rehman, Addl. AGP.  
 
  
Date of hearing 
: 27.03.2023. 
 
O R D E R 
 
 
  
Learned counsel for the petitioners submits 
that the order dated 22.03.2023 issued by the Election 
Commission of Pakistan (ECP) annuls the polling date 
fixed by the President of Pakistan in exercise of his power 
under Section 57(1) of the Elections Act, 2017 read with 
Article 112 of the Constitution of Islamic Republic of 
Const. P. No.5 OF 2023 
2
Pakistan, 1973 (Constitution). It is, inter alia, contended 
that the ECP does not have any power under the law and 
the Constitution to pass such an order. It appears that 
the ECP has in the said order taken refuge behind Article 
254 of the Constitution. The interpretation of that 
provision of the Constitution by this Court, inter alia, in 
Presidential Reference No.1 of 1988 (PLD 1989 SC 75), 
Rashid Ahmed   vs. Government of Punjab (PLD 2010 
SC 573) and Pakistan Peoples Party Parliamentarians 
vs. Federal of Pakistan (PLD 2022 SC 574) envisages 
post facto protection of the validity of the acts performed 
beyond the time fixed therefor by the Constitution. The 
said Article of the Constitution does not confer the prior 
authorization of delay in the execution of obligations 
required to be performed within a specified time 
prescribed by the Constitution. He further urges that the 
grounds given for extending the date of poll to 
08.10.2023 have no backing of law or the Constitution. 
Such grounds may be available in several situations. In 
the 
past 
General 
Elections 
have 
been 
held 
notwithstanding that such factors were present at the 
time of the elections, for instance in 1988 and 2008. 
2. 
 
Timely General Elections held “honestly, justly, 
fairly and in accordance with law” are crucial for the 
Const. P. No.5 OF 2023 
3
democratic system of government mandated by our 
Constitution. Any flaw, deficiency or failing in the holding 
of General Elections is, prima facie, a matter of public 
importance that affects the fundamental rights of the 
voting public.  
3.  
 
In the first instance, therefore, notice is issued 
to the Respondents in this petition. The ECP shall come 
prepared to assist on the legal questions and the factual 
points raised in the petition.        
4. 
 
To come up tomorrow i.e. 28.03.2023 at 
11:30 am for further hearing.  
 
 
 
 
Sd/- 
Chief Justice  
 
 
 
Sd/- 
Judge 
 
 
 
Sd- 
Judge 
 
 
 
Sd/- 
Judge 
 
 
 
Maintainability of this petition also 
requires consideration.  
Sd/- 
Judge  
 
Islamabad 
27.03.2023.