| Case ID |
22f8fbf3-395a-4126-bcf6-0d7360ea4fec |
| Body |
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| Case Number |
Civil Appeal No. 7 of 2016 |
| Decision Date |
Feb 09, 2016 |
| Hearing Date |
Jan 25, 2016 |
| Decision |
The Supreme Court ruled that the appointment of the Chief Election Commissioner must be made by the President on the advice of the Azad Jammu and Kashmir Council, as outlined in Section 50 of the Azad Jammu & Kashmir Interim Constitution Act, 1974. The court found that the advice issued by the Council on November 16, 2015, for the appointment of Mr. Justice Ghulam Mustafa Mughal as Chief Election Commissioner was valid. The court also ruled that the provisions of Section 6-A of the Amending Ordinance XIX of 2015, which allowed for the appointment of an Acting Chief Election Commissioner without the Council's advice, were ultra vires the Constitution. The court emphasized that the Chief Election Commissioner plays a crucial role in ensuring the integrity of the electoral process and that the process for appointing such an important office must be carried out according to the law. Thus, the appeals were accepted, and the previous judgment of the High Court was modified accordingly. |
| Summary |
This case involves the appointment of the Chief Election Commissioner in Azad Jammu and Kashmir and the legal challenges surrounding the process. The Supreme Court emphasized the importance of following constitutional provisions for such appointments. The court ruled that the President must act on the advice of the Azad Jammu and Kashmir Council as stipulated in Section 50 of the Azad Jammu & Kashmir Interim Constitution Act, 1974. The case highlighted issues related to the legality of appointments made under Ordinance XIX of 2015, particularly concerning the role of the Acting Chief Election Commissioner. The court's decision reinforces the principle of adherence to constitutional processes in the appointment of key electoral officials, ensuring the independence and integrity of the electoral commission. Keywords: Chief Election Commissioner, Azad Jammu and Kashmir, constitutional law, electoral process, legal challenges, judicial review. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Azad Jammu And Kashmir Council,
Azad Jammu And Kashmir Government
|
| Judges |
Mohammad Azam Khan, C.J.,
Ch. Muhammad Ibrahim Zia,
Raja Saeed Akram Khan,
Masood A. Sheikh, JJ
|
| Lawyers |
Mr. Sadaqat Hussain Raja, Advocate,
Barrister Humayun Nawaz Khan, Advocate,
Ch. Shoukat Aziz, Additional Advocate General,
Mr. Mansoor Pervaiz Khan, Advocate-General,
Raja Muhammad Hanif Khan, Advocate
|
| Petitioners |
Azad Jammu And Kashmir Council
|
| Respondents |
Azad Jammu And Kashmir Government,
Ch. Tariq Faruq and others
|
| Citations |
2016 SLD 1781,
2016 SCAJK 6
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Azad Jammu & Kashmir Interim Constitution Act, 1974,
Chief Election Commissioner (Terms and Conditions) Act, 1992,
Ordinance XIX of 2015
|
| Sections |
50,
6-A
|