MUZAFFARABAD (Kashmir English): The Azad Kashmir High Court has taken notice of the non-appointment of the Chief Election Commissioner (CEC) in the state and issued notices to the President, Prime Minister, Law Minister, Chief Secretary, and Secretary Local Government.
During the hearing today, the court directed all parties to file their replies by August 6.
The court announced the decision in the petition filed by former PML-N candidate Chaudhry Ijaz Khatana, represented by prominent advocates Raja Sajjad and Faisal.
The petitioner argues that the non-appointment of the Chief Election Commissioner is a constitutional deviation, and action should be taken against the Prime Minister and other responsible persons.
The petition noted that the term of the former CEC ended on January 14, 2025, and no permanent or acting Chief Election Commissioner has been appointed since then.
The Prime Minister has allegedly violated Article 50(2) of the Interim Constitution of 1974 by deliberately delaying the appointment, the petition added.
The petitioner’s lawyer told the court that over 30 seats in municipal bodies are vacant, including 9 local members, 7 UC chairmen, and 5 UC vice chairmen, due to the absence of the Chief Election Commissioner.
The petition further added that local body by-elections are stalled, putting democratic representation in danger.
The petitioner requested the court to direct the Prime Minister to immediately consult the opposition leader and finalize the nominees for appointment.
“The Chairman of the Kashmir Council and President of Azad Kashmir be directed to perform his constitutional obligation as per provisions of the Azad Jammu & Kashmir Interim Constitution, 1974,” it added.
The petition further requested the court to direct the Chairman of the Kashmir Council to issue a constitutional advisory. The court should intervene to ensure the appointment of a Chief Election Commissioner within the constitutional timeframe, it stated.
The petitioner made a position that the Supreme Court has made it mandatory to appoint a constitutional post within 30 days in its decision.
The next hearing will be held on August 6, where all parties are expected to file their responses.
