PTI regains AJK assembly seat after reinstatement of its lawmaker
MUZAFFARABAD: The PTI regained a seat in the Azad Jammu and Kashmir (AJK) Legislative Assembly on Wednesday after the region’s Supreme Court reinstated Chaudhry Maqbool Gujjar as an MLA by accepting his appeal against his unseating.
A full court bench headed by Chief Justice Raja Saeed Akram announced the short order in open court, declaring Mr Gujjar the returned candidate from LA-35, Jammu-II. The bench said detailed reasons would be recorded later.
Gujjar had been unseated following a protracted legal battle stemming from the July 25, 2021 elections. Having contested the polls on a PTI ticket, he was initially declared the returned candidate, but his rival Chaudhry Muhammad Ismail of the PML-N challenged his victory before the election tribunal.
In October 2023, the tribunal ruled against him and directed the Election Commission to hold fresh elections in the constituency.
Top court’s verdict has raised party’s strength in the house to six and reduced PML-N’s tally to eight
Gujjar immediately challenged the tribunal’s decision in the apex court and secured interim relief.
Meanwhile, Ismail also filed an appeal in the apex court against the tribunal’s order, praying that instead of fresh elections he be declared the returned candidate.
Both appeals were clubbed together, and a recount was agreed upon between the parties.
In the final recount, held on January 20, 2024, Ismail was declared the returned candidate. He was administered the oath as an MLA on January 22, 2024.
Gujjar later challenged the outcome before the election tribunal, which dismissed his petition on June 19, 2025, prompting him to assail the verdict before the Supreme Court on multiple legal and factual grounds.
In his appeal, filed through Barrister Humayun Nawaz, Gujjar contended that the decision was “patently illegal” and based on a “misapplication of election laws”.
He argued that the returning officer (RO) had no legal authority to entertain an appeal against the presiding officer’s decision during the recounting process, rendering subsequent proceedings and the declaration of his rival as returned candidate without lawful basis.
He further maintained that a substantial number of ballot papers bearing “irrelevant code stamps” had been wrongly counted in favour of Ismail in violation of the Elections Act, 2020, and relevant rules.
He also alleged that both the returning officer and the election tribunal failed to properly examine disputed ballot papers, thereby undermining the integrity of the recounting process.
With the apex court’s short order restoring him as the returned candidate, the detailed judgement is now awaited to clarify the legal reasoning behind the verdict.
The verdict has raised the strength of the PTI in the house to six and reduced the PML-N’s tally to eight.
Published in Dawn, April 23rd, 2026
