| Citation(s) |
|---|
| 2016 SLG 1776 2016 SLD 1776 2016 SCAJK 51 |
Supreme Court (AJ&K)
Civil Appeal No. 7 of 2016 Civil Appeal No. 8 of 2016 Civil Appeal No. 11 of 2016, 25.1.2016
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 F-5/2, Islamabad. Chaudhary Tariq Farooq, Member Legislative Assembly Azad Jammu And Kashmir, Deputy Opposit
Civil Appeal No. 7 of 2016 Civil Appeal No. 8 of 2016 Civil Appeal No. 11 of 2016, 25.1.2016
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 F-5/2, Islamabad. Chaudhary Tariq Farooq, Member Legislative Assembly Azad Jammu And Kashmir, Deputy Opposit
Azad Jammu And Kashmir Council Through Secretary, Azad Jammu And Kashmir Council Secretariat, Having Office At Kashmir Council Secretariat, Sector F5///2, Islamabad. Chaudhary Tariq Farooq, Member Legislative Assembly Azad Jammu And Kashmir, Deputy Opposi
Law:
Section:
Keywords: Impugned Judgment, Public Importance, Ultra Vires, Disposed Of, Terms And Conditions, Petition, Chief Election Commissioner, High Court ORDER: Mohammad Azam Khan, C.J -. The Chief Election Commissioner of Azad Jammu and Kashmir is appointed under Section 50 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 (hereinafter to be referred as Constitution Act) by the President on the advice of the Council. The Azad Jammu and Kashmir Council issued an advice for the appointment of Mr. Justice (R) Munir Ahmed Chaudhry, former Judge High Court as Chief Election Commissioner on 7.9.2015. The advice was returned by the President. The Chairman AJ&K Council on 16th November, 2015, withdrew the advice relating to the appointment of Mr. Justice Munir Ahmed Chaudhry and issued the advice for appointment of Mr. Justice Ghulam Mustafa Mughal, Chief Justice High Court as Chief Election Commissioner. 2. The Azad Jammu and Kashmir Assembly amended the Chief Election Commissioner (terms and conditions) Act, 1992 (hereinafter to be called as Act, 1992) through the amending Ordinance XIX of 2015 and introduced Section 6-A which reads as follows:- "6-A. Acting Chief Election Commissioner.- At any time when:- (a) the office of Chief Election Commissioner is vacant or; (b) the Chief Election Commissioner is absent or unable to perform the functions of his office due to any other cause; the person eligible under Section 3 shall be appointed by the President in consultation with the Chief Justice as Acting Chief Election Commissioner." 3. The President while acting under section 6-A, of the amending Ordinance, 2015, after consultation with the Chief Justice of Azad Jammu and Kashmir, issued the orders for appointment of Acting Chief Election Commissioner on 29.12.2015. 4. The appellants in civil appeal No.8/2016 filed a writ petition whereby they challenged vires of the amending section 6-A of the Ordinance XIX of 2015 being ultra vires the Constitution and also prayed for setting aside the appointment order of the Acting Chief Election Commissioner and also prayed for issuance of order on the advice issued by the Chairman of the Azad Jammu and Kashmir Council…
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