MUZAFFARABAD, Dec 28: The Supreme Court of Azad Jammu and Kashmir on Saturday granted interim relief to the People’s Party legislator, Chaudhry Maqbool, in the shape of suspension of the order of the election tribunal whereby his election was declared void.
The Chief Justice of Supreme Court, Muhammad Yunus Surakhvi, delivered the brief order in Mirpur, as the apex court is on vacations until Jan 6.
The success of Chaudhry Maqbool from LA 30 Jammu II, on the basis of re-polling in one of the polling stations of his constituency in Gujranwala, was challenged by his electoral rival, Chaudhry Mohammad Ismail of Muslim Conference, in the election tribunal.
On Dec 24, the tribunal set aside the notification of the Chief Election Commissioner issued on July 10, 2001 for the re- polling and declared Ismail as MLA-elect on the basis of initial official counting of votes.
However, Chaudhry Maqbool filed the appeal against the decision in the Supreme Court at its principal seat in the AJK capital on Dec 27. The appeal was to be heard on Jan 7, when the court opens after the vacations.
The counsel for Ismail had pleaded that the chief election commissioner did not have powers to order re-polling. In his short order, the learned CJ said that as far as these powers of the CEC were concerned, prima facie it was his jurisdiction.
But, the learned CJ said, the point needed thorough scrutiny and resolution after proper hearing.
The short order said that the interim relief granted to Chaudhry Maqbool was subject to the objections by the opposite party.