Case Details

Citation(s)
2016 SLG 1915 2016 SLD 1915 2016 SCAJK
Supreme Court (AJ&K)
(1) Civil PLA No. 168 of 2016 (2) Civil Misc. No. 108/2016, 11.05.2016
MOHAMMAD AZAM KHAN, C.J, CH. MUHAMMAD IBRAHIM ZIA AND RAJA SAEED AKRAM KHAN, JJ
Raja Ikhlaq Hussain Kiani Advocate Supreme Court, Ex-President Central Bar Association Azad Jammu & Kashmir And 2 Others

Raja Ikhlaq Hussain Kiani Advocate Supreme Court, Ex-President Central Bar Association Azad Jammu & Kashmir And 2 Others

VS

Chief Election Commissioner Azad Jammu & Kashmir Civil Secretariat Muzaffarabad And 53 Others

Law:

Section:

Keywords: Result: Petition dismissed ORDER: Mohammad Azam Khan, C.J.-The Chief Election Commissioner, Azad Jammu Kashmir, on 23rd April 2016, issued a notification setting out therein the schedule for the elections of four seats of the Azad Jammu Kashmir Council under Section 10 of the Azad Jammu Kashmir Council (Election) Act, 1976 (Act I of 1976, to be referred as the Act, 1976 hereinafter). The petitioners and the proforma respondents , herein, challenged the said notification through a writ petition filed on 27th April 2016 and prayed that the notification be declared without lawful authority. The learned High Court dismissed the writ petition in limine through the impugned judgment dated 2nd May 2016, hence this petition for leave to appeal. 2. Raja Muhammad Hanif Khan, advocate, counsel for the petitioners, submitted that the judgment of the High Court is against law and the record. He submitted that the present legislative assembly held its first meeting on 25th July 2011. The term of the Assembly is going to expire on 24th July 2016 and in the light of subsection (3) of Section 22 of the Azad Jammu Kashmir Interim Constitution Act, 1974, on completion of five years from 24th July 2016, the Legislative Assembly shall be deemed to have been dissolved automatically. The elections, under the provisions of subsection (4) of Section 22 of the Azad Jammu Kashmir Interim Constitution Act, 1974, to the Legislative Assembly shall be held within a period of sixty days immediately preceding the day on which the term of the Assembly is due to expire and at least fourteen days' period is required to declare the result of elections before that day. In the aforesaid state of affairs, it is essential that the general elections to the Legislative Assembly shall be held in accordance with the Constitution and law on the subject in the month of June, 2016. The learned counsel submitted that the Chief Election Commissioner has initiated the process of general elections and campaign has been started. The life of the present Legislative Assembly is almost complete. There remain hardly 21/2 months' period. The Legislative Assembly cannot elect the members of the Azad Jammu…
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