| Case ID |
321bbe4c-bd39-4e0e-93c4-b8ad94289511 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 2740 of 2015 |
| Decision Date |
Jan 12, 2016 |
| Hearing Date |
|
| Decision |
The High Court ruled that the provision for the appointment of an Acting Chief Election Commissioner through subordinate legislation was unconstitutional. It determined that the office of Acting Chief Election Commissioner could only be created through a constitutional amendment, not by amending existing legislation. The court highlighted that the advice tendered by the Chairman of the Azad Jammu and Kashmir Council for the appointment of the Chief Election Commissioner was also found to violate constitutional provisions. The court emphasized the need for adherence to the constitutional framework for appointments in such critical positions, particularly in the context of upcoming elections. |
| Summary |
This case revolves around the constitutional validity of Section 6-A of the Azad Jammu and Kashmir Chief Election Commissioner (Terms and Conditions) Act, 1992, which allowed for the appointment of an Acting Chief Election Commissioner. The petitioners challenged the legality of this provision, arguing that such an office could only be established through a constitutional amendment. The High Court analyzed various legal frameworks, including the Azad Jammu and Kashmir Interim Constitution Act, and determined that the impugned section was unconstitutional. The judgment underscores the importance of maintaining the integrity of electoral processes by ensuring that appointments to key positions are made in accordance with established constitutional protocols. The ruling is significant for the legislative and electoral framework in Azad Jammu and Kashmir, particularly with respect to upcoming elections, ensuring that all actions taken comply with constitutional mandates. Keywords: constitutional law, election commission, legal framework, judicial review, electoral integrity. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Azad Jammu and Kashmir Legislative Assembly,
,
Azad Jammu and Kashmir Council
|
| Judges |
M. Tabassum Aftab Alvi,
Ch. Jahandad Khan,
Azhar Saleem Babar,
Muhammad Sheraz Kiani
|
| Lawyers |
Raja Muhammad Hanif Khan,
Barrister Humayun Nawaz Khan,
Ch. Shoukat Aziz,
Sadaqat Hussain Raja
|
| Petitioners |
,
Chaudhary Tariq Farooq
|
| Respondents |
,
Azad Jammu and Kashmir Government through Chief Secretary, Muzaffarabad
|
| Citations |
2017 SLD 42,
2017 PLD 1
|
| Other Citations |
PLD 1996 SC 324,
1992 MLD 2083
|
| Laws Involved |
Azad Jammu and Kashmir Chief Election Commissioner (Terms and Conditions) Act (II of 1992),
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974),
Azad Jammu and Kashmir Civil Servants Act (VI of 1976)
|
| Sections |
6-A,
5,
4,
44,
42-B,
50,
Preamble
|