The top court sought the comments on a petition filed by Pakistan Muslim League-Nawaz AJK Secretary-General Shah Ghulam Qadir, who had challanged the decision of the AJK High Court, which had ordered the election commission to declare his participation in 2011 elections null and void.
Qadir had lost his seat to Pakistan Peoples Party candidate Main Abdul Wahid in the 2011 elections from Neelum Valley after a petitioner had alleged that Qadir’s wife was not a registered voter and a refugee and the seats reserved for the refugees should be done away with.
The three-member bench headed by Chief Justice Muhammad Azam Khan said in a short order that the appeal which was a consequence of the AJK High Court’s judgment of 29 November 2013 had partially been accepted.
“After hearing the counsel for the parties at some length, we are of the view that legal questions of public importance touching upon the fundamental rights and political structure of Azad Jammu and Kashmir are involved in this petition. The matter also relates to the elections and is pending in the courts for the last three years,” the order stated. The bench declared that the case would be disposed of expeditiously.
The court has asked AJK Prime Minister Chaudhry Abdul Majeed, opposition leader Raja Farooq Haider Khan, Speaker Sardar Ghulam Sadiq and heads of all political parties who had participated in the 2011 elections to file statements regarding the right of refugees to elect their representatives in AJK Legislative Assembly.
Looking at the record we have come to the conclusion that in the writ petition important legal questions relating to the refugees’ right to contest elections is under challenge which is the most important issue in light of the provisions contained in the AJK Interim Act 1974 (AJK Constitution), stated the bench in the short order. The election laws can also affect the status of the government as protected in UNCIP resolutions, read the order.
The court requested former chief justice of AJK Supreme Court, Manzoor Hussain Gilani and senior advocate of Supreme Court, Raja Muhammad Hanif Khan to assist the court as amicus curaie.
The case will be taken up by the Supreme Court circuit bench in Mirpur on June 24.
Source/Fuente: http://tribune.com.pk/story/718889/reserved-seats-ajk-apex-court-seeks-c...
