| Case ID |
223f797b-e3df-4e68-b51c-694f3b5b48e2 |
| Body |
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| Case Number |
Civil PLA No. 168 of 2016 |
| Decision Date |
May 02, 2016 |
| Hearing Date |
May 11, 2016 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the decision of the High Court which had earlier dismissed the writ petition challenging the notification for the elections of the Azad Jammu Kashmir Council. The court held that the Chief Election Commissioner had the lawful authority to issue the election schedule under the provisions of relevant laws. The petitioners were found to lack locus standi as they were not aggrieved persons, and the court emphasized that the elections must be conducted as per the constitutional provisions to ensure the right of the elected members to vote. |
| Summary |
In the case of Raja Ikhlaq Hussain Kiani Advocate Supreme Court vs. Chief Election Commissioner Azad Jammu & Kashmir, the Supreme Court examined the legality of a notification issued for elections to the Azad Jammu Kashmir Council. The petitioners argued that the elections were unconstitutional due to the imminent expiration of the Legislative Assembly's term. The court clarified that the Chief Election Commissioner acted within his rights as per the Azad Jammu Kashmir Council (Election) Act, 1976, and the Azad Jammu Kashmir Interim Constitution Act, 1974. The decision emphasized the importance of adhering to constitutional mandates to uphold democratic processes in Azad Jammu Kashmir, reinforcing the right to vote as a fundamental aspect of governance. This ruling underscores the necessity of conducting timely elections to maintain the legitimacy and continuity of the legislative framework in the region. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMAD AZAM KHAN, C.J,
CH. MUHAMMAD IBRAHIM ZIA,
RAJA SAEED AKRAM KHAN, JJ
|
| Lawyers |
Raja Muhammad Hanif Khan,
Sardar Karam Dad Khan,
Mansoor Pervaiz Khan,
Ch. Shaukat Aziz
|
| Petitioners |
Raja Ikhlaq Hussain Kiani Advocate Supreme Court, Ex-President Central Bar Association Azad Jammu & Kashmir
|
| Respondents |
Chief Election Commissioner Azad Jammu & Kashmir Civil Secretariat Muzaffarabad
|
| Citations |
2016 SLD 1915,
2016 SCAJK
|
| Other Citations |
Syed Mumtaz Hussain Naqvi 9 others v/s Raja Muhammad Farooq Haider Khan 4 others [2014 SCR 43],
Haider Ali another v/s Qurat-ul-Ain Latif 9 others [2014 SCR 196]
|
| Laws Involved |
Azad Jammu Kashmir Council (Election) Act, 1976,
Azad Jammu Kashmir Interim Constitution Act, 1974
|
| Sections |
10,
21,
22,
4-C
|