Pakistan’s opposition leader's appointment challenged in constitutional court

A petition was filed on Monday in the Federal Constitutional Court (FCC) challenging the appointment of Khan-led Pakistan Tehreek-e-Insaf's (PTI) ally Mahmood Khan Achakzai as the Leader of the Opposition in the National Assembly.

The petition was submitted by PTI dissenter Akbar S. Babar, through Advocate Shaukat Aziz Siddiqui, seeking the annulment of the notification appointing Achakzai to the key parliamentary position.

Babar also requested the court to suspend the notification of his appointment until a final decision is reached in the case.

According to his plea, the Speaker of the National Assembly failed to verify whether the nomination of the Opposition Leader was made independently and in accordance with parliamentary rules. The petition argued that under Rule 39(3) of the National Assembly Rules, the Speaker was required to independently authenticate the signatures of the members supporting the nomination. But he did not fulfill this obligation.

The petition further states that there was no evidence on record to show that independent members formally authorized Aamir Dogar to represent them in the process of nominating the Opposition Leader.

The petitioner has raised the question of whether a convicted and disqualified individual can control parliamentary proceedings from jail, asserting that such influence would undermine constitutional norms.

Babar's plea also pointed out that in past instances, the National Assembly speakers personally summoned members to verify resignations, ensuring due process. However, in Achakzai's case, the established procedure was allegedly ignored.

He emphasized that the office of the Leader of the Opposition holds significant constitutional importance, particularly in the appointment processes of the Judicial Commission and the Election Commission. It argues that issuing the notification without proper verification of signatures is not merely an administrative error but a violation of the Constitution.

Akbar S. Babar, described in the petition as "a founding member of PTI who has been striving for constitutional supremacy for over four decades", urged the court to declare the notification void and take appropriate constitutional action.

Babar has previously taken legal action against PTI’s leadership on internal and financial matters. In 2014, he petitioned the Election Commission of Pakistan, alleging that the party had received prohibited foreign funding and concealed bank accounts — a case that culminated in a 2022 ruling by the Election Commission finding that PTI had indeed received unlawful funds.

In 2023, he has also challenged the party’s intra-party elections, questioning their transparency and seeking to have them declared invalid before the Election Commission. The challenge eventually led the party to lose its electoral symbol 'bat' right before the 2024 general elections.