MUZAFFARABAD: A constitutional petition has been filed in the Azad Jammu and Kashmir (AJK) High Court here on Tuesday, seeking revocation of an AJK election commission’s notification about holding of by-election in Mirpur on Nov 24.
On Oct 7, the AJK election commission secretariat issued a notification for holding by-election in LA-III Mirpur-3 after the AJK Supreme Court disqualified cabinet member Chaudhry Mohammad Saeed on Sept 25 under contempt of court charges.
The petitioners, Syed Ahsan Ali Hamdani and Waleed Kashif, both members of the Central Bar Association, Muzaffarabad, through their counsel Fayyaz Ahmed Janjua alleged that the election commission’s notification had been issued against the spirit of constitutional law, rules and various judgments of the superior courts.
According to the election commission’s website, the former chief election commissioner (CEC) Justice Ghulam Mustafa Mughal had completed his 3-year term on Feb 19 this year and commission’s senior member Justice retired Abdul Rasheed Suleria had assumed the charge of acting CEC the same day.
However, Mr Suleria was formally appointed as acting CEC on April 15 for six months, a term that stood expired on Oct 15.
According to Article 50 (9) of the AJK constitution, the senior member, duly designated at the time of appointment, shall act as CEC for a period not exceeding six months.
Mr Janjua said even though the impugned Oct 7 notification was issued eight days before the expiry of the April 15 notification, the constitutional requirement to conduct elections under the supervision of the CEC lacked in the instant case.
Therefore, the impugned Oct 7 notification was void ab initio and liable to be set aside, he pleaded.
The counsel contended that the constitution did not allow illegal exercise of powers by any person and protected the basic structure doctrine and fundamental rights of the citizens of state.
He further contended that there was no such provision in the election rules that authorised the senior member in the absence of a permanent CEC to notify and conduct elections.
However, nevertheless, a law-knowing person who had remained a judge of the high court had issued the impugned notification in contravention of constitutional provisions, he said of Justice retired Suleria.
The counsel prayed that the respondents — AJK government, election commission and administrative officers concerned — should be restrained from conducting by-election in Mirpur.
The court would take up the petition for preliminary arguments on Wednesday.
Published in Dawn, October 30th, 2019
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