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AJK SC announces opinion on reference about appointment of CEC.

MIRPUR -- The Supreme Court of Azad Jammu and Kashmir (AJK) has empowered the Legislative Assembly of AJK and the government about the appointment of Chief Election Commissioner (CEC) of AJK.

The reference was filed by the AJK President seeking opinion of the apex court about appointment of Chief Election Commissioner (CEC) of AJK.

Full bench of AJK SC comprising Chief Justice Mohammad Azam Khan, Justice Mohammad Ibrahim Zia, Justice Raja Saeed Akram Khan and Justice Masood Ahmed Sheikh, in their unanimous opinion / judgment has acknowledged the competence of legislate authority of the AJK Legislative Assembly regarding framing of terms and conditions in respect of the appointment of the CEC of AJK.

The learned apex court has observed that President of AJK shall appoint the Chief Election Commissioner of AJK on the advice of the government of AJK and the terms and conditions in respect of the office of the CEC of AJK shall be framed by the AJK Legislative Assembly.

The court expressed the opinion that a serving judge of the AJK High Court can be appointed as the CEC of AJK and a person who remained CEC of AJK for some period after seizing from function as such, he cannot be appointed for the remaining period.

A person who remained the CEC, cannot be reappointed till the expiry of two years from the date of his ceasing to function as the Chief Election Commissioner of AJK.

The net result is that the advise already sent by the Chairman of the Azad Jammu and Kashmir Council for the appointment of Justice (Retd) Munir Ahmed Chaudhry, retired judge of the AJK High Court, as Chief Election Commissioner of AJK, has not been approved.

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Publication:The Frontier Star (Northwest Frontier Province, Pakistan)
Date:Oct 22, 2015
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