Election-Related Constitutional Matters

Election-related constitutional matters in Pakistan are governed by the Constitution of Pakistan 1973 (Articles 218–226), the Elections Act 2017, and the Rules framed thereunder. The Election Commission of Pakistan (ECP) is the constitutional body responsible for conducting elections, delimiting constituencies, and regulating election campaigns. Disputes arising from elections — including challenges to results, disqualification of candidates, and delimitation of constituencies — are adjudicated by Election Tribunals and, on constitutional questions, by the High Courts and the Supreme Court.

Election petitions challenging the results of an election must be filed within 45 days of the election notification. Grounds for challenge include corrupt practices (bribery, undue influence, impersonation), illegal practices (exceeding campaign spending limits), improper rejection or acceptance of nomination papers, and errors in the conduct of the election. Election Tribunals have the power to declare an election void, order a re-poll, or declare the respondent elected.

Disqualification of candidates under Articles 62 and 63 of the Constitution has been the subject of intense litigation. These provisions require candidates to be of good character, to have adequate knowledge of Islam, and not to have been convicted of certain offences. We advise candidates on qualification requirements, defend disqualification references, and challenge disqualification orders. We also handle matters relating to party defection under Article 63-A and delimitation disputes.