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Constitutional Challenge Filed Against Mahmood Khan Achakzai’s Appointment as Opposition Leader
Mahmood Khan Achakzai’s appointment as Leader of Opposition is under legal scrutiny. FCC petition claims constitutional violations and improper nomination by disqualified ex-PM Imran Khan.
ND
by News Desk
2026-02-23
Constitutional Challenge Filed Against Mahmood Khan Achakzai’s Appointment as Opposition Leader

The appointment of Mahmood Khan Achakzai as Leader of the Opposition in the National Assembly, following his nomination by Pakistan Tehreek-e-Insaf (PTI) founder and former Prime Minister Imran Khan, has been challenged in the Federal Constitutional Court (FCC).

Justice (retd) Shaukat Aziz Siddiqui, representing PTI founding leader Akbar S. Babar, filed a 55-page constitutional petition on Monday, alleging that the appointment process violated constitutional provisions and the rules of procedure of the National Assembly. Supreme Court lawyer Imran Shafiq and advocate Hanbal Murad Siddiqui will assist in the case.

The petition claims that Rule 39(3) of the National Assembly Rules of Procedure 2007 was ignored, as the mandatory verification of signatures and consent of National Assembly members was not conducted. This, the petition argues, amounts to a violation of constitutional guarantees under Articles 4 and 17.

Babar’s legal team further contends that the appointment constitutes a serious constitutional breach because Imran Khan, who nominated Achakzai, is incarcerated and disqualified from holding public office. Under Articles 62 and 63 of the Constitution, a disqualified individual cannot interfere, directly or indirectly, in the political process.

The petition also challenges the Speaker’s authority in announcing the appointment, arguing it is conditional on confirmation of the free and voluntary opinion of Assembly members, making signature verification a mandatory, not discretionary, requirement.

The FCC has been requested to declare Achakzai’s appointment null, void, and illegal, and to direct the Speaker to initiate a fresh appointment process under Rule 39(3). Meanwhile, the court is also asked to restrain Achakzai from participating in any constitutional proceedings as Leader of the Opposition until a final decision is reached.

This case marks a significant constitutional test for parliamentary procedure in Pakistan, highlighting the tensions between party nominations, legal constraints, and the independent verification process required for key political appointments.
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