MUZAFFARABAD (Kashmir English): The High Court of Azad Jammu and Kashmir has directed the AJK government to submit a reply by Friday regarding a writ petition filed against the non-appointment of the Chief Election Commissioner (CEC). Justice Sardar Ijaz Khan heard the petition.
The petitioner’s counsel, Raja Sajjad Khan Advocate, alleged a constitutional violation due to the deliberate delay in appointing the Chief Election Commissioner.
The petition has been filed by former PML-N candidate Chaudhry Ijaz Khatana, through prominent advocates Raja Sajjad and Faisal.
He argued that the post of Chief Election Commissioner cannot remain vacant, but it has been vacant since last year.
Additionally, an objection was raised that the terms and conditions for forming the Election Commission have not been formulated yet.
In the previous hearing, the court had accepted the writ petition for a formal hearing after hearing the petitioner’s position.
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.
Earlier last month, the High Court had 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 of Local Government.
