Islamabad, February 23, 2026: A constitutional petition has been filed in the Federal Constitutional Court challenging the appointment of Mehmood Khan Achakzai as the Leader of the Opposition in the National Assembly of Pakistan.
The petition was filed by former judge Shaukat Aziz Siddiqui on behalf of Akbar S. Babar, the founding leader of Pakistan Tehreek-e-Insaf (PTI).
The petition contends that multiple constitutional provisions and statutory requirements were violated in declaring Mehmood Khan Achakzai as the Leader of the Opposition. It argues that the process failed to demonstrate that the nomination reflected the independently formed and freely exercised will of the concerned members of the National Assembly, thereby violating the constitutional guarantees enshrined in Articles 4 and 17 of the Constitution.
According to the petition, the notification was issued in grave violation of the Constitution, alleging that the nomination was finalized under the express directive of Imran Khan, who is described in the plea as constitutionally disqualified from holding public office and currently serving a sentence following conviction.
The petition further maintains that the declaration of the Leader of the Opposition is void as it was issued without lawful compliance with Rule 39(3) of the Rules of Procedure and Conduct of Business in the National Assembly, 2007. It states that the rule mandates independent verification of the signatures of members supporting the nomination, which is a jurisdictional precondition and not a discretionary or procedural formality.
Emphasising the legal requirement of verification, the petition argues that without independent ascertainment of authenticity and voluntariness, the Speaker lacks the jurisdiction to declare a Leader of the Opposition. Any declaration made in the absence of such verification, it claims, is unlawful and without legal effect.
The petitioner has urged the Federal Constitutional Court to declare the notification appointing Mehmood Khan Achakzai as Leader of the Opposition “void ab initio,” ultra vires the Constitution and the Rules of Procedure. The plea also seeks a declaration that constitutional disqualifications under Articles 62 and 63 cannot be circumvented, directly or indirectly, through the de facto exercise of political authority by a disqualified individual.
Additionally, the petition has requested the court to direct the Speaker of the National Assembly to initiate a fresh and transparent process for the declaration of the Leader of the Opposition in strict accordance with Rule 39(3). It also seeks an interim order restraining Mehmood Khan Achakzai from participating in constitutional processes under Articles 175A, 213, and 224A of the Constitution pending final adjudication of the case.
