MUZAFFARABAD (Kashmir English): The Azad Kashmir High Court has sought clarification on the terms and conditions of appointment of the Chief Election Commissioner (CEC) after the court was told that they have not been clarified yet.
Senior Justice Syed Shahid Bihar heard the case on Tuesday regarding the appointment of the Chief Election Commissioner. Advocate General Masood Iqbal Sheikh appeared on behalf of the government, while the petitioner was represented by Advocate Raja Sajjad Khan.
During the hearing, Advocate General once again requested the court to grant time, which was met with skepticism by the court.
Justice Shahid Bihar remarked that the government does not seem to want to comment in writing and has not sent names for the Chief Election Commissioner position. The court questioned the reason behind this delay.
Raja Sajjad Khan, the petitioner’s lawyer, argued that the government is acting in a vacuum and deviating from the Constitution, law, and its responsibility.
During the hearing, it was revealed that the terms and conditions of appointment of the Chief Election Commissioner under Article 50, Sub-section 14 have not been clarified yet. The court asked the Advocate General whether the Chief Election Commissioner could be appointed without terms and conditions.
The Advocate General replied that an appointment cannot be made without terms and conditions. The petitioner’s lawyer argued that the terms and conditions already exist under the Act of 1992, and an appointment can be made under them.
The court adjourned the hearing until the next hearing date and asked the petitioner’s lawyer to file an amendment application regarding the terms and conditions.
The petitioner’s lawyer agreed and filed an amendment application, requesting the court to issue an order to the government and the Legislative Assembly to clarify the terms and conditions of appointment of the Chief Election Commissioner.
