Achakzai's opposition role challenged in FCC

Petition questions nomination by jailed Imran Khan

ISLAMABAD:

A petitioner has challenged the appointment of Mahmood Khan Achakzai as leader of the opposition in the National Assembly—nominated by PTI founder Imran Khan—in the Federal Constitutional Court (FCC).

Justice (retd) Shaukat Aziz Siddiqui, counsel for PTI founding member Akbar S Babar, filed a constitutional appeal contending that declaring Achakzai as opposition leader violates relevant constitutional provisions and laws.

The appeal argues that the procedure adopted for appointing the opposition leader was neither independent nor in accordance with the rules.

It further states that the legally required process to ascertain the free will and consent of the concerned National Assembly members was not completed, resulting in violations of constitutional guarantees under Articles 4 and 17 of the Constitution.

The petition maintains that the notification of Achakzai's appointment reflects a serious constitutional breach. It asserts that the opposition leader was nominated by an individual—Imran Khan—who is currently in jail and has been declared disqualified from holding public office.

Therefore, the nomination lacks legal validity.

The appeal also claims that the notification is unlawful because it violates Rule 39(3) of the National Assembly Rules of Procedure and Conduct of Business, 2007, as the mandatory requirements under that rule were not fulfilled.

According to Rule 39(3), the speaker may declare a member the leader of the opposition only after verifying the signatures of NA members supporting the nomination and determining that the nominee represents the largest numerical strength among opposition members.

The petition emphasizes that verifying members' signatures is not a mere formality or discretionary act but a mandatory legal requirement. It entails independently confirming the authenticity of the signatures and the voluntary consent of the members concerned.

The appeal argues that the speaker's authority to announce the appointment of the opposition leader is conditional upon such verification and cannot be exercised in a vacuum.

The FCC has been requested to declare null and void the notification appointing Mahmood Khan Achakzai as leader of the opposition in the National Assembly.

The appeal further states that under Articles 62 and 63 of the Constitution, a disqualified individual cannot be permitted to directly or indirectly interfere in the political process.

It notes that, according to public statements, the opposition leader was nominated by a constitutionally disqualified individual.

On January 12, 2026, PTI's Amir Dogar told the media outside Parliament that the PTI founder had nominated Mahmood Khan Achakzai as leader of the opposition.

Months after their predecessors, Omar Ayub and Shibli Faraz, were de-notified as lawmakers following their convictions in May 9 rioting cases, the National Assembly and the Senate notified new opposition leaders in January: Mahmood Khan Achakzai and Allama Raja Nasir Abbas.