MUZAFFARABAD (Kashmir English): Senior advocate Syed Muhammad Ali explained the appointment process of the Chief Election Commissioner (CEC) of Azad Jammu and Kashmir and other legal matters surrounding the CEC AJK office ahead of the general elections this year in the region.
Talking to a show at Kashmir Digital, Ali said that the appointment of the Chief Election Commissioner follows a three-tier process, including the consultation between the Prime Minister of AJK and the Leader of the Opposition in the AJK Legislative Assembly.
He said that clause 2 of Article 50 of the AJ&K Interim Constitution, 1974, explicit that “the Commission shall consist of the Chief Election Commissioner, who shall act as the Chairman, and two Members.”
Furthermore, the same article stated that the CEC shall be appointed by the President of the state on the advice of the Chairman of the AJK Council, the Prime Minister of Pakistan, based on nominees proposed by the AJK Prime Minister in consultation with the Leader of the Opposition.
“Members, however, are appointed by the President solely on the advice of the AJK Prime Minister,” he said, quoting the constitution.
The criteria for appointment, as stipulated in the Constitution, require the individual to be a retired judge of the AJK superior courts or a civil servant of BPS 21 and above in the AJK government.
In addition to that, he said that if the office of the Chief Election Commissioner falls vacant for any reason, then, as per clause 9 of Article 50, “the senior-most member of the Commission, who was formally designated at the time of appointment, shall act as the Chief Election Commissioner for a maximum of six months.”
