MUZAFFARABAD (Kashmir English): The Azad Jammu and Kashmir (AJK) High Court has approved the petitions filed regarding the 13th Constitutional Amendment and the presidential election for regular hearing and issued an order to issue a schedule.
A larger bench comprising senior judges of the AJK High Court, Justice Syed Shahid Bihar, Justice Sardar Muhammad Ijaz Khan, and Justice Chaudhry Khalid Rashid, rejected the plea for a stay order in the petition filed against the presidential elections.
The High Court ruled that no evidence has been presented on the basis of which the presidential election process can be stopped, and a stay order cannot be issued.
However, the court has approved the central writ petition against the delay in the presidential election for hearing and directed the relevant authorities to issue notices and schedule the case for regular hearing.
According to legal experts, the presidential election process will continue after this decision of the court, while a detailed hearing on the constitutional points will be held on a later date.
What does the Constitution say about the election of the AJK President?
As the office of the President has become vacant following the death of former President Barrister Sultan Mehmood Chaudhry, several questions have arisen regarding the constitutional position of the election of the President of Azad Kashmir.
According to Clause 1 of Article 5 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President of AJK shall be elected by the Azad Kashmir Legislative Assembly with a two-thirds majority.
It further added that the election of the office of President should be conducted under the supervision of the Chief Election Commissioner (CEC). The Constitution clarifies that the President should be 35 or older.
In case the office of the President falls vacant due to death, Clause A of Article 9 states that “the Speaker of the AJK Legislative Assembly shall perform the functions of the President till the election of a new President.”
Moreover, Clause B clarifies that “an election to the office of President is to be held within a period of 30 days from the date on which the office falls vacant.”
The Constitution further clarifies that the new President should be elected only to complete the remaining term, and not for a new five-year term.
Since President Barrister Sultan Mehmood was elected on August 25, 2021, his constitutional term will complete on August 24, 2026. So, the newly elected President will serve only till August 24, 2026.
