ISLAMABAD: The Supreme Court will start the year 2018 with the hearing of as many as 13 petitions challenging the Elections Act, 2017, which allowed a disqualified parliamentarian to hold party office and enabled ousted prime minister Nawaz Sharif to re-emerge as president of his own faction of the Pakistan Muslim League.

These petitions had been earlier returned by the registrar’s office on the grounds that the petitioners had directly approached the apex court instead of availing remedies by appropriate forums.

Chief Justice of Pakistan Justice Mian Saqib Nisar, however, overruled the objection during a hearing in his chamber.

Parliament in October passed the Elections Act, 2017, amid a strong protest from the opposition parties.

Mr Sharif resigned as prime minister in July after the Supreme Court disqualified him over unclaimed salary from the company of his own son.

Nawaz Sharif’s opponents Imran Khan, Sheikh Rashid and Jamshed Dasti among petitioners

He was also forced to step down as president of PML-N, though he kept control of the party and installed Shahid Khaqan Abbasi as prime minister. However, after the promulgation of Elections Act, 2017, in October Mr Sharif was re-elected PML-N president.

Most of the petitioners are political opponents of Mr Sharif, including Pakistan Tehreek-i-Insaf (PTI) chairman Imran Khan, Pakistan Peoples Party (PPP), Sheikh Rashid Ahmed of the Awami Muslim League, Jamshed Dasti and some small political parties.

The apex court’s bench comprising Chief Justice Nisar, Justice Faisal Arab and Justice Ijazul Ahsan would hear the petitions on Monday (Jan 1, 2018).

In his petition, Mr Rashid pleaded that the Sharif-specific amendment to the law was mala fide and unconstitutional since it was introduced to accommodate only one person, who had already been disqualified by the Supreme Court under Article 62(1)(f) of the Constitution.

The petition argued that the act of making Mr Sharif head of the PML-N was against Articles 62, 63 and 189 of the Constitution.

He maintained that an individual, who had been disqualified by a five-judge Supreme Court bench, had become head of the largest political party of the country and would now be running the party’s affairs.

This development not only affects the public at large, but also the entire country, since what he cannot do inside the parliament, he will still be able to do while remaining outside parliament.

The counsel highlighted that under the July 28 judgement in the Panama Papers case, the Supreme Court had held that it was the right of the people to be governed by honest leaders.

Meanwhile, the PPP, through its secretary general Sardar Latif Khosa, has sought a declaration from the Supreme Court that the PML-N government should be restrained from governance until the removal and replacement of Mr Sharif with an eligible person.

The petition also seeks directives for the Election Commission of Pakistan to remove the name of Mr Sharif as head of the PML-N from the notified list of enlisted political parties.

Published in Dawn, December 30th, 2017

Opinion

Editorial

Fixing bond markets
Updated 01 Oct, 2026

Fixing bond markets

Pension funds, insurance companies, mutual funds, retail investors, and eventually, foreign investors must become bigger participants in the market.
Call centre rackets
01 Oct, 2026

Call centre rackets

A NUMBER of recent raids conducted by the authorities in different cities point to the growing threat fraudulent ...
Homeward bound
01 Oct, 2026

Homeward bound

FIVE months after Somali pirates captured an oil tanker carrying a 19-member multinational crew, Somali maritime...
Kashmir unresolved
Updated 30 Sep, 2026

Kashmir unresolved

The just solution lies in India addressing the issue through a trilateral dialogue involving the legitimate representatives of the Kashmiri people and Pakistan.
Water shortage
30 Sep, 2026

Water shortage

THAT the country is entering the Rabi season with an anticipated water shortage of nearly 25pc, the lowest carryover...
Young hearts
30 Sep, 2026

Young hearts

THE observance may have passed, but the message of World Heart Day should not fade with it. The occasion is a useful...