Case Details

Citation(s)
2016 SLG 2144 2016 SLD 2144 2016 YLR 332
High Court (AJ&K)
Writ Petition No. 2010 of 2013, decided on 06-03-2015.
M. TABASSUM AFTAB ALVI, JUSTICE
Sardar Abdul Sammie Khan for
Respondents.

VS

.AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR THROUGH CHIEF SECRETARY AND 6 OTHERSer in person.

Law:

Section:

"----Ss. 79 (3) & 18---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 44---Writ petition---""Aggrieved person""---Scope---Elections of Local Councils---Right of vote---Fundamental right---When Local Council was suspended, fresh election of the same should be held within a period of ninety days after expiry of period of suspension---Government could not suspend local bodies and appoint administrators for an indefinite period---Government was bound to make necessary arrangements for elections of Local Councils in the country to ensure that elections were conducted honestly, justly, fairly and without corrupt practices---Right to be governed by chooser representatives through free will of the member was constitutional reality---Life of representative of democracy could not be envisaged without freedom to exercise political choice, the right of choice of political leader and elect the government of his/her choice---Every person enrolled as voter on the electoral roll should have a right to vote---Right to vote was a fundamental right of every person---Holding of a free, fair and transparent Local Council elections was a command of law---Petitioner who was an advocate had filed present writ petition for enforcement of law, he was a state subject and presumed to be enrolled as a voter, hence he should have the right of vote---Petitioner, therefore, was an ""aggrieved person""---Government was directed to appoint Election Commissioner (Local Bodies) for organization, conduct and supervision of local bodies elections and hold local bodies elections throughout the country within specified period---Writ petition was accepted in circumstances. President Balochistan High Court Bar Association v. Federation of Pakistan and others 2014 SCMR 1 ref. Arshad Mehmood v. Commissioner/Delimitation Authority Gujranwala and others PLD 2014 Lah. 221; Imran Khan and others v. Election Commission of Pakistan and others PLD 2013 SC 120 and Sajjad Hussain Shah and others v. Azad Jammu and Kashmir Council and others PLD 2013 HC (AJ&K) 34 rel. THIS JUDGMENT DELIVERED BY: M. TABASSUM AFTAB ALVI, JUSTICE:----------- The supra titled writ petition has been addressed…
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