| Case ID |
3866af9b-f496-4f93-b4ad-297f0d780ec9 |
| Body |
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| Case Number |
Presidential Reference No. 1 of 2015 |
| Decision Date |
Oct 21, 2015 |
| Hearing Date |
Oct 12, 2015 |
| Decision |
The Supreme Court addressed several legal questions regarding the appointment and reappointment of the Chief Election Commissioner under the applicable laws. The Court concluded that a person who has served as Chief Election Commissioner cannot be reappointed for the remaining period after retirement as a judge, based on the clear provisions of the Chief Election Commissioner (Terms and Conditions) Act, 2000. The Court further clarified that if a serving judge is appointed as Chief Election Commissioner, they cease to function in that role upon retirement as a judge, and thus cannot continue as Chief Election Commissioner for the remaining term. The Court also examined the legislative competence of the AJ&K Council and Legislative Assembly concerning the Chief Election Commissioner, ultimately determining that the Assembly holds the authority to legislate on this matter. |
| Summary |
This case revolves around the legal framework governing the appointment and reappointment of the Chief Election Commissioner in Azad Jammu and Kashmir. It scrutinizes the Chief Election Commissioner (Terms and Conditions) Act, 2000, and other relevant statutes, addressing the implications of these provisions for a serving judge's eligibility for reappointment. The Supreme Court's ruling emphasized the necessity of adhering to statutory language regarding terms of office, reappointment conditions, and legislative powers between the AJ&K Council and Assembly. The Court's findings establish critical precedents for the governance of electoral oversight in the region, ensuring compliance with constitutional mandates and legislative authority. This case is significant for legal practitioners, policymakers, and scholars interested in electoral law, constitutional governance, and the intricate balance of power within AJ&K's legislative framework. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
AJ&K Legislative Assembly,
AJ&K Council,
President of AJ&K
|
| Judges |
Mohammad Azam Khan, Chief Justice,
Ch. Muhammad Ibrahim Zia, Justice,
Raja Saeed Akram Khan, Justice,
Masood Ahmed Sheikh, Justice
|
| Lawyers |
Abdul Rasheed Abbasi, Advocate,
Mansoor Pervaiz Khan, Advocate-General,
Ch. Shaukat Aziz, Advocate,
Sardar M. R. Khan, Additional Advocate-General,
Raja Muhammad Hanif Khan, Advocate,
Sadaqat Hussain Raja, Advocate,
K.D. Khan, Advocate,
Raja Amjad Ali Khan, Advocate
|
| Petitioners |
Abdul Rasheed Abbasi,
Mansoor Pervaiz Khan,
Ch. Shaukat Aziz,
Sardar M. R. Khan
|
| Respondents |
Raja Muhammad Hanif Khan,
Sadaqat Hussain Raja,
K.D. Khan,
Raja Amjad Ali Khan
|
| Citations |
2016 SLD 2305,
2016 PLD 36
|
| Other Citations |
Messrs Ashraf and Akbar and another v. Kh. Abdul Khaliq and others 1995 SCR 196,
Syed Mumtaz Hussain Naqvi and 9 others v. Raja Muhammad Farooq Haider Khan and 4 others 2014 SCR 43,
Tahir Mehmood and 3 others v. Khalid Sharif and 9 others PLD 2007 SC (AJ&K) 119,
Khalid Mehmood Butt and another v. Managing Director, AKLASC & 4 others 2004 CLC 937,
Raja Muhammad Sohrab v. AJ&K Government and 6 others 2002 PLC(CS) 1138,
Sardar Abdul Rauf Khan and others v. The Land Acquisition Collector/Deputy Commissioner, Abbottabad and others 1991 SCMR 2164,
Ch. Muhammad Siddique and another v. Deputy Collector Excise and Taxation and others 1992 SCR 110,
Federation of Pakistan v. Malik Muhammad Miskeen and others PLD 1995 SC(AJ&K) 1,
Tanveer Hussain v. Divisional Superintendent, Pakistan Railways and 2 others PLD 2006 SC 249,
Justice (R) Muhammad Siddique Farooqi v. Azad Jammu and Kashmir Council and others (Writ Petition No.24 of 2001, decided on 28-2-2001),
Shahid Nabi Malik v. Chief Election Commissioner, Islamabad and 7 others 1997 PSC 10,
Rana Aamer Raza Ashfaq and another v. Dr. Minhaj Ahmed Khan and another 2012 SCMR 6,
Shamas Textile Mills Ltd. and others v. The Province of Punjab and 2 others 1999 SCMR 1477,
Muhammad Younas Tahir and another v. Shoukat Aziz, Advocate Muzaffarabad and others PLD 2012 SC(AJ&K) 42
|
| Laws Involved |
Chief Election Commissioner (Terms and Conditions) Act (IV of 2000),
Chief Election Commissioner (Terms and Conditions) Act (II of 1992),
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
3,
5,
7,
46-A,
43,
50
|