| Citation(s) |
|---|
| 2016 SLG 1492 2016 SLD 1492 2016 PLJ 33 |
High Court (AJ&K)
W.P. No. 2010 of 2013, decided on 6.3.2015. Date of hearing:6.3.2015.
M. TABASSUM AFTAB ALVI, J.
Sardar Abdul Sammie Khan, Advocate for
Respondents.
W.P. No. 2010 of 2013, decided on 6.3.2015. Date of hearing:6.3.2015.
M. TABASSUM AFTAB ALVI, J.
Sardar Abdul Sammie Khan, Advocate for
Respondents.
Raja SAJJAD AHMED KHAN, ASC, Ex-VicEChairman, AJ&K Bar CouncilVSAZAD GOVERNMENT OF THE STATE, J&K through Chief Secretary & others--Respondents
Law:
Section:
AJ&K Local Government Act, 1990-- ----Ss. 3, 17, 18, 79(2)(b) & 99(1)--AJ&K Interim Constitution Act, 1974, S. 44--Scope of--Duties for smooth running of local bodies--Statutory obligation of Govt. to appoint election commissioner--Responsible for organization, conduct and supervision of local Govt.--Govt. cannot escape from its responsibility to hold election on pretext of non-availability of funds for framing electoral rolls--Political justice--Validity--It is binding obligation of Government to make necessary arrangements for elections of local councils in order to ensure that elections were conducted honestly, justly, fairly and without corrupt practices--Right to be governed by chooser representatives through free will of members is constitutionally reality--Life of representative of democracy cannot be envisaged within its political dimensions to participate in political life of nation without freedom to exercise political choice, right of choice a political leader and elect Government of his/her choice--Holding of a free, fair and transparent local councils elections, therefore, is a command of law which is statutory obligation of Govt. jointly and severally. AJ&K Local Government Act, 1990-- ----S. 18--Right to vote--Every person enrolled as voter on electoral roll shall have a right to vote is a fundamental right of every person. Political Justice-- ----Principle of one man one vote falls from concept of political justice. AJ&K Interim Constitution Act, 1974 (VIII of 1974)-- ----S. 44(2)--Enforcement of law--Aggrieved party--CEC was not appointed by Govt.--It is binding obligation of Govt. to appoint election commissioner for purpose of organization, conduct and supervision of elections of Local Government institutions and matters connected therewith, hence, necessary direction for appointment of election commissioner was part of . PLJ 2014 AJ&K 217, ref. JUDGMENT The supra titled writ petition has been addressed under Section 44 of the Azad Jammu & Kashmir Interim Constitution Act, 1974, whereby following relief is solicited by petitioner:-- "It is, therefore, most humbly prayed that while accepting the captioned writ…