MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) High Court on Tuesday directed the government and other constitutional functionaries to immediately appoint the Chief Election Commissioner (CEC) and complete the Election Commission, warning that continued delay amounted to a violation of the Constitution.

The judgment was delivered by Justice Sardar Mohammad Ejaz Khan while accepting a writ petition filed by Chaudhry Ejaz Ahmed Khatana, a former PML-N candidate from Bagh, who had challenged the inordinate delay in filling the key constitutional office.

The petitioner pointed out that the five-year term of the previous CEC expired on January 14, 2025. However, instead of appointing a successor, the government, four days earlier on January 10, appointed only one member of the Commission, leaving it incomplete in violation of Article 50 of the AJK Interim Constitution.

According to Article 50, the Election Commission comprises a Chief Election Commissioner, who serves as its chairman, and two members — one of whom is designated as senior member.

The CEC is appointed by the AJK President on the advice of the Chairman of the AJK Council, namely the Prime Minister of Pakistan.

The nominees for this office are finalized by the AJK Prime Minister in consultation with the Leader of the Opposition. The two members, however, are appointed by the AJK President solely on the advice of the AJK Prime Minister.

The petitioner argued that the absence of a CEC had stalled crucial democratic processes, including local government by-elections on vacant seats, while no senior member had been designated to officiate in the interim as required by law.

In its detailed order, Justice Ejaz Khan held that the non-appointment of a CEC and another member was a clear deviation from the constitutional mandate.

“The office of the Chief Election Commissioner cannot be kept vacant for an indefinite period,” the judge observed, stressing that the executive, legislature and judiciary were equally bound to uphold and preserve the Constitution and the democratic order.

Referring to Article 50, the judge maintained that it was incomprehensible how the duties of the Commission were being performed without a Chief Election Commissioner, adding that the judiciary could not allow state functionaries to remain “stagnant, inefficient or reluctant” in discharging their constitutional obligations.

Published in Dawn, September 24th, 2025