Petition challenging Election Act 2017 submitted in Supreme Court

E-Paper | October 01, 2026

Petition challenging Election Act 2017 submitted in Supreme Court

Haseeb Bhatti Published October 3, 2017

The Election Act 2017, which paved the way for Nawaz Sharif to promptly be re-elected president of the ruling PML-N, was challenged in the Supreme Court on Tuesday.

A petition, filed under Article 184/3 of the Constitution, states that the bill "is against the basic spirit of the Constitution".

"A party leader controls voting in the National Assembly, as Article 63A of the Constitution states that an MNA can be disqualified if he or she votes against the official party line," the petition argues.

Until the bill stands as law "a disqualified person will continue to control the basic business of the National Assembly", which can be dangerous for the country, the petitioner, Advocate Zulfiqar Bhutta, has argued.

He has urged the SC to declare the bill null and void and without legal effect.

The government on Monday had bulldozed an amended Election Bill 2017 through the Lower House of parliament despite strong protests from opposition lawmakers.

The bill, subsequently signed into law, features a controversial amendment that will allow politicians disqualified from holding public office to head a political party.

Opposition lawmakers had protested loudly against the bill's passage, seeing it as a law designed to accommodate a single individual — ousted prime minister Nawaz Sharif.

Sharif was on Tuesday elected unopposed as PML-N president.

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monier

Oct 03, 2017 05:53pm

That is good news.

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Amjad

Oct 03, 2017 06:00pm

So that means you are not eligible to be a member of the parliament but can control all those elected as parliamentarians and can decide on future parliamentarians including those elected directly through ballot and those nominated on reserved seats. Logically such a law shouldn't hold any ground. Also it is clearly a person specific law. Should not hold ground.

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Zubair

Oct 03, 2017 06:06pm

Thought provoking. Law making & custodianship.

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N Narasimhan

Oct 03, 2017 06:23pm

• I welcome the petition filed by Advocate Zulfiqar Bhutta in Pakistan’s Supreme Court, to nullify the amendment passed by the National Assembly, and disable eligibility of a person to hold any position in a political party, once he is disqualified by a court. The manner in which the disqualified and convicted erstwhile Prime Minister Nawaz Sharif was “reelected” as the President of his party within a day of the passing of the above amendment, renders absurd, the historic legal action itself, since the voting on any issue, by those elected from his party to parliament must be as per his direction. I hope the Supreme Court of Pakistan will again step in to defeat manipulation and distortion of its earlier judgement. N.Narasimhan

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Bashir

Oct 03, 2017 06:24pm

In democratic and honorable countries, every law or amendment is made for the interest of common man. My simple question is how a common man is benefited with this Law?

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Lahori kid

Oct 03, 2017 08:16pm

To even consider this law is mind bending, much less passing it. How can a court even consider going against our constitution, I don't care what the majority says. These political parties need to be dealt with with an iron hand for even considering trying to pull a fast one,if we are going to make any progress. Isn't it obvious what the PML-N's motive is here?

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Alien

Oct 03, 2017 11:06pm

It Looks like there is only Jungle Law in Pakistan...

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jamshed

Oct 03, 2017 11:36pm

The man is getting ready for open confrontaion but someting still can be done about it to stop him from his new adventure. This PM has taken Pakistan to the brink and how unfortunate we are to have such man at the helm who is now declared an accomplished money launderer ? This is not funny ?

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RIZ

Oct 03, 2017 11:57pm

If Pakistani people really want to see improvement and peace in their lives they have to get rid of Nawaz and Zardari

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Spells of think-tank

Oct 03, 2017 11:58pm

The Election Act 2017 is against all norms of natural justice. A person already facing cases, already disqualified, cannot be reinstated on such an important post. Besides clearly this act is malafide as it's personal specific. The SC will certainly trash this.

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Nasir

Oct 04, 2017 01:09am

This amendment was first introduced by Ayub Khan when he introduced Ebdo to keep the unwanted politicians out, later in 1975 was taken out by ZA Bhutto and again introduced in 2002 by Musharraf to keep B.B. and NS out of politics.

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Saeed Ahmed

Oct 04, 2017 01:50am

What a shameless action at the part of so called parliament. This is unthinkable in any civilized world but any thing is possible in Pakistan. And so sad to see general public is silent. This nation must stand up for itself. By passing such a law and supporting it in public is not less than raping the national interests.

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Javed

Oct 04, 2017 02:24am

It is true, but there is No Proof.

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alba

Oct 04, 2017 02:36am

" A disqualified person exercising control over the National Assembly is repugnant (to the Constitution). " _ Now there's a thought.

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Amjad Durrani Engineer USA

Oct 04, 2017 02:48am

@Bashir You are absolutely right. It is very disgusting. We are even incomparable to 5th world African countries. Our parliamentarians have acted like zombies with no consideration that their dancing on the whims of a convicted corrupt person can divide the country and cause political turmoil in the near future. NS as usual is playing a political game based on vengeance and Newton very wisely said that every action bring an equivalent reaction. Let us hope that wisdom prevails but chances are that zombies may be sent packing to where they come from. A very depressing and sad day in the history of the country since its creation.

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MALIK

Oct 04, 2017 04:16am

This is also very hasty legislation. I think the bill has to be circulated after its initial publication to members. There are three readings required with respectable gaps between them subject to changes and submission to the house. Here, the whole thing was perhaps done in one week.The Twenty-seventh Amendment (Amendment XXVII) to the United States Constitution prohibits any law that increases or decreases the salary of members of Congress from taking effect until the start of the next set of terms of office for Representatives. It is the most recent amendment to be adopted, but one of the first proposed. It was submitted by Congress to the states for ratification on September 25, 1789. Twenty-seventh Amendment did not get ratified by enough states. The amendment eventually became part of the United States Constitution on May 5, 1992, completing a record-setting ratification period of 202 years, 7 months, and 10 days.

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Waqas Vince

Oct 04, 2017 04:38am

Basically PML-N is behaving exactly what courts had told earlier. In courts word he is the don of strongest mafia in Pakistan.

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shuaib

Oct 04, 2017 05:48am

Courts have no jurisdiction over this whatsoever. Well done Mian sahab. Sazishi tola thought you will just get scared and ride off into the sunset.

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Blitzer

Oct 04, 2017 07:13am

Democracy? This is a farce.

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PAK-OZ

Oct 04, 2017 07:29am

can we put them in jail already?? tired of this drama everyday its not democracy but democrazy

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OzZAK

Oct 04, 2017 08:10am

Indeed SC is the last hope they must not dissapoint and send that lamenting loin back to London.Enough

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thought

Oct 04, 2017 08:13am

A nation of sheep will be ruled by a government of wolves.

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K Khan

Oct 04, 2017 08:14am

This country has been excessively soft since ever. We allowed dishonesty, price increases without justification, religious dominance, corruption, disrespect of courts and constitution. Finally we have to get real tough to save the country

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OzZAK

Oct 04, 2017 08:21am

Well done oppossition you are making fun out of him to disqualify him again and again.

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A voter

Oct 04, 2017 08:37am

Injustice done through technical means has to be countered using technical means. Will of the people should be respected. If the nation does not like Nawaz Sharif as the party head then party will be defeated in the next election. Maybe some people do not respect the decision of voters and always are looking for technical knockouts. No more.

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Mehboob Ali Lalani

Oct 04, 2017 09:10am

This is also against the spirit of the constitution 62 / 63

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Mein Huun Pakistan

Oct 04, 2017 09:53am

Morality or no morality, PML-N wants to be in power at any cost. Something very basic has gone wrong with this nation. Lord have mercy!

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ahmed Syed Waseem

Oct 04, 2017 09:55am

Pakistan Lawless Country every time needs amendment

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Oct 04, 2017 09:56am

@A voter Sir the votes are bought by money not earned in Pakistan. Voting can never give you the true picture unless the selection criteria is changed. this for the same reason why a common man or a poor cannot contest in elections.

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Sadiq

Oct 04, 2017 10:14am

This is so called democracy. Will PML (N) be kind enough to show the 'public' who is not accepting court judgement as our puppet prime minster said yesterday that we have accepted court decision but public is not accepting it. Also what is the rationale of changing close on undisputed oath clause which was nowhere in lime light. The only gratitude I can offer to PML N is 'kuch sharam hoti hay, kuch haya hoti hay.....'

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Sarmad Hassan

Oct 04, 2017 01:10pm

Yes it is true it is designed to secure Nawaz Sharif. We as a whole Nation has to stop this non sense party.i also feel PTI is immature to run Government but I am sure Imran will bring such talented folks at front who will lead from front.

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