AJK SC orders for summoning fresh LA session for new PM election

Author: APP

MUZAFFARABAD: The Azad Jammu & Kashmir (AJK) Supreme Court on Saturday ordered for issuance of fresh schedule of the election to the new prime minister through summoning of fresh session of AJK Legislative Assembly by the president.

The full court, comprising Chief Justice Raja Saeed Akram, Khan, Justice Khawaja Muhammad Nasim, Justice Raza Ali Khan and Justice Muhammad Younis Tahir, declared that “under Article 16 (3) of the AJK Interim Constitution 1974,  if the prime minister resigns at the time when the assembly is not in session, only the president of the AJK State,  has the power to summon the assembly session for election to the office of the new leader of the house / prime minister of AJK within 14 days after resignation and the speaker has no power to issue schedule for the election to the new prime minister / new leader of the house, independently”.

The court, while disposing off the appeal by Sardar Tanveer Illayas, candidate for the AJK prime minister (belonging to the incumbent ruling Pakistan Tehreek-e-Insaf) declared that after the resignation of Prime Minister Sardar Abdul Qayyum Niazi from office before voting upon the no-confidence motion under article 16 (3), it was only the AJK president who had the authority to summon the LA session within 14 days for election to the new leader of the house.

The SC observed that after the resignation of Sardar Qayyum Niazi from the office, the vote of no-confidence motion against him (Qayyum Niazi) had become infructuous and the session stood adjourned. “And as such, the speaker has no power to issue the schedule for elections of the new prime minister.”

The full court observed that after the adjournment of the AJK LA session, that stood infructuous, the writ petition filed in the High Court  of AJK also became infructuous.

It also directed the AJK PM’s Principal Secretary and the Secretary Law of AJK Government to place the case before the AJK PM, so that the AJK president could summon the LA session under Article 16 [3] of the AJK Interim Constitution for the election of the new prime minister.

It may be added that the AJK High Court on April 15, 2022, on a writ petition filed by leader of opposition in the AJK LA Ch Lateef Akber and member Ch Muhammad Yasin, and President of Pakistan Peoples Party AJK Chapter, issued a stay order restraining the AJK LA speaker not to proceed for election of new PM for which the speaker issued the schedule for election, on the ground that the session of the house, summoned by the Speaker on April 15, was for the voting upon the no-confidence motion against Prime Minister Qayyum Niazi, which had already become infructuous due to the resignation of Qayyum Niazi on April 14 from the office. The High Court had fixed the case to hear on April 18.

Meanwhile, the AJK LA session convened for voting on the no-confidence motion,  was prorogued on Saturday.

Share
Leave a Comment

Recent Posts

  • Pakistan

‘Final call turns out to be missed call’

In a scathing criticism, Information Minister Attaullah Tarar slammed Pakistan Tehreek-e-Insaf (PTI) after the party…

9 mins ago
  • Pakistan

SC rejects suo motu notice plea on fatalities during PTI protest

The Constitutional Bench of the Supreme Court has rejected the PTI plea seeking to take…

11 mins ago
  • Pakistan

Finance ministry sees Nov inflation dropping to 5.8-6.8%

The first four months of the current fiscal year showed better than expected improvement marked…

11 mins ago
  • Pakistan

Govt says Afghans can’t live in Islamabad without NOC after Dec 31

Federal Interior Minister Mohsin Naqvi has announced that from December 31, no Afghan nationals will…

12 mins ago
  • Editorial

Ceasefire & Crossfire

The ceasefire between Hezbollah and Israel, two longstanding rivals, was welcomed by the people of…

21 mins ago
  • Editorial

Stocks & Strife

The Pakistan Stock Exchange (PSX) is witnessing what was predicted, turbulence. The stock gains in…

22 mins ago