Mahmood Khan Achakzai makes his first speech in the National Assembly as Leader of the Opposition on January 19, 2026. SCREENGRAB
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’s founding member Akbar S Babar, filed a constitutional appeal arguing that declaring Achakzai as opposition leader violates relevant constitutional provisions and laws.
The appeal claims that the procedure for appointing the Leader of the Opposition was neither independent nor in accordance with the rules.
It further states that the statutory process to ascertain the free will and consent of the members of the National Assembly concerned was not carried out, resulting in violations of constitutional guarantees under Articles 4 and 17 of the Constitution.
The petition maintains that the announcement of Achakzai’s appointment reflects a grave violation of the Constitution. It claims the opposition leader was nominated by someone – Imran Khan – who is currently in prison and has been declared disqualified from holding public office.
Therefore, the nomination lacks legal validity.
The appeal also contends that the notice is illegal because it contravenes Rule 39(3) of the Rules and Procedures of the National Assembly, 2007, as the mandatory requirements under that rule were not met.
Under 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 greatest numerical strength among opposition members.
The petition emphasizes that checking the members’ signatures is not a mere formality or discretionary act, but a mandatory legal requirement. It involves independent verification of the authenticity of the signatures and voluntary consent of the affected members.
The appeal contends that the Speaker’s authority to announce the appointment of the Leader of the Opposition is subject to such verification and cannot be exercised in a vacuum.
The FCC has been requested to declare the notification appointing Mahmood Khan Achakzai as Leader of the Opposition in the National Assembly null and void.
The appeal further states that under Sections 62 and 63 of the Constitution, a disqualified person cannot be allowed 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 person.
On 12 January 2026, PTI’s Amir Dogar told the media outside Parliament that the PTI founder had nominated Mahmood Khan Achakzai as the Leader of the Opposition.
Months after their predecessors, Omar Ayub and Shibli Faraz, were deregistered as lawmakers following their convictions in May 9 riots cases, the National Assembly and Senate announced new opposition leaders in January: Mahmood Khan Achakzai and Allama Raja Nasir Abbas.
