Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44, 50(2)(3)(4)(5)

PLJ 2026 AJ&K 21 Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Arts. 44 & 50(2)(3)(4)(5)--Election of L.A.--Expiry of Chief Election Commission--Function of Chief Election Commission--Holding of election--Composition of Election Commission--Qualification Chairman Election Commission--Writ petition--Direction to--No person should be appointed as Commissioner unless he had been a Judge of Supreme Court or High Court or had been a civil servant of BPS-21 and above, in service of Azad Jammu & Kashmir rather members of Commission possessing qualification as mentioned for Commissioner in sub-Article (5) above, should be appointed by President on advice of Prime Minister--Court is legally bound to protect relevant provisions of Constitution, supra, by any means--Executive, legislature and judiciary could not avoid and depart from their Constitutional duties--They, thus, essentially had to take positive steps for preservation of Constitution and democratic order in State--Nutshell of foregoing reasons is that instant writ petition is accepted and respondents, jointly and severally, are hereby directed to appoint Chief Election Commissioner & Member under command of Constitution, Ibid, in light of observations made hereinabove expeditiously--Petition accepted.                                                                           [Pp. 26 & 27] A, B & C Raja Sajjad Ahmed Khan, Advocate for Petitioner. A.A.G. for Official Respondents No. 1, 3, 4, 6 & 7. Order The captioned amended writ petition has been addressed under Article 44 of the Azad Jammu & Kashmir Interim Constitution, 1974 whereby the following relief has been implored by the petitioner: “It is, therefore, very humbly prayed on behalf of the petitioner that by accepting this amended…