Case Details

Citation(s)
2016 SLG 1826 2016 SLD 1826 2016 SCAJK 6
Supreme Court (AJ&K)
Civil Appeal No. 7 of 2016 Civil Appeal No. 8 of 2016 CivilAppeal No. 11 of 2016, 25.01.2016
MOHAMMAD AZAM KHAN, C.J. CH. MUHAMMAD IBRAHIM ZIA, RAJA SAEED AKRAM KHAN, AND MASOOD A. SHEIKH, JJ

Azad Jammu And Kashmir Council Through Secretary, Azad Jammu And Kashmir Council Secretariat, Having Office At Kashmir Council Secretariat, Sector F5/2, Islamabad. 1-Chaudhary Tariq Farooq, Member Legislative Assembly Azad Jammu And Kashmir, Deputy Oppo

Law:

Section:

Keywords: Appointment Of Person, Consideration, Federation, National Assembly, Scope Of Reference, Armed Forces, Constitution Of Pakistan, Fundamental Rights, Parliamentary System, Stop-Gap Arrangement, Advisory Jurisdiction, Chief Executive, Disposed Of, Independence Of Judiciary, Question Of Law, Ultra Vires, Appointment Of Chief Justice, Conditions Of Service, Exercise Of Powers, Locus Standi, Scheme Of The Constitution, Acting President, Chief Election Commissioner, Discretionary Powers, Impugned Judgment, Public Importance, Terms And Conditions, Appointing Authority, Condition Precedent, Executive Authority, Legislative Competence, Right To Information, Written Arguments, Amendment Of Constitution, Competent Authority, Election Commission, Legal Maxims, Reserved Seats, Writ Jurisdiction, Acting Chief Justice, Binding Nature, Contingent, High Court, Petition, Tenure Of Office Result: JUDGMENT: Mohammad Azam Khan, C.J.- Through short order dated 25th January, 2015 the titled appeals were disposed off. The operative part of the short order is as under:- "4. Since the matter is of public importance therefore, the appeals are being disposed of through the following short order for the reasons to be recorded later:- (a) There is no procedure prescribed for initiation of the process for appointment of the Chief Election Commissioner. The advice issued by the Azad Jammu and Kashmir Council on 16th November, 2015 of an eligible person who qualifies to be appointed as Chief Election Commissioner under the Act, 1992 is a valid advice. (b) Under Section 50 of the Constitution Act, the Chief Election Commissioner has to be appointed by the President on the advice of the Council and section 6-A of the amending Ordinance XIX of 2015, provides appointment of Chief Election Commissioner without the 11 advice of Council, therefore, this provision offends the Section 50 of Constitution Act. (c) Since we have drawn the conclusion that the advice issued by the Council on 16th November, 2015 is valid and legal which is holding the field, therefore, in view of the conclusion reached at in civil appeal No.7/2016 titled AJ K Council vs. AJ K Govt. others, in presence of the advice…
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