MUZAFFARABAD, July 8: AJK High Court Chief Justice Reaz Akhtar Chaudhry has been appointed AJK’s acting chief election commissioner in addition to his current responsibilities. A notification regarding his appointment was issued by the AJK Supreme Court. The constitutional office was lying vacant after the resignation of former acting CEC, Justice Syed Manzoor Hussain Gillani, a judge of the Supreme Court, in early May. Justice Gillani had been appointed acting CEC on Dec 5, 2003 when he was chief justice of the AJK High Court. He relinquished the office in the aftermath of a controversy over his decision to prepare new electoral rolls on the basis of computerised identity cards. General elections in AJK are due in July 2006.
The AJK Legislative Assembly had also unanimously adopted a resolution in April, demanding reversal of Justice Gillani’s decision and appointment of a permanent CEC.
According to section 50 of the AJK’s interim constitution (Act 1974), the chief election commissioner is appointed by AJK president on the advice of the AJK Council, headed by the prime minister of Pakistan.
However, since the constitution was silent on appointment of an acting CEC, the AJK Council created room for it through a subordinate legislation and enacted “The AJK chief election commissioner (terms and conditions) Act 2000.”
Section 8 of the law says when office of the CEC is vacant or the CEC is absent or unable to perform functions of his office due to any cause, a judge of AJK High Court or AJK Supreme Court, nominated in consultation with the council by the chief justice of Azad Kashmir, shall act as CEC.
Soon after the resignation of Justice Gillani, the AJK President Sardar Anwar Khan had forwarded the former Justice Sardar Ashraf Khan, who belongs to his clan, to the PM of Pakistan for his reappointment as new CEC. Justice Khan had been CEC from 1987 to 1999.
On the other hand, AJK Prime Minister Sardar Sikandar Hayat had also furnished a list of former judges of the AJK superior courts to the prime minister of Pakistan.
