Azad Jammu & Kashmir Supreme Court on Friday directed the Election Commission of AJK to revisit the schedule of holding of the local bodies elections in AJK by extending the time till 30th of November this year in the interest of justice.
Earlier on the recent orders of the apex court of AJK, the Azad Jammu Kashmir Election Commission had announced the schedule of holding of the civic polls in AJK on September 28.
A full bench of the Supreme Court of Azad Jammu Kashmir headed by Chief Justice Raja Saeed Akram Khan, with Justice Raza Ali Khan and Justice Khawaja Muhammad Naseem, announced the unanimous decision on the case titled ‘Robkar-e-Adalat VS Azad Govt. of the State of Jammu & Kashmir’, over an application seeking grant of extension in time for conducting the local bodies elections, filed on behalf of the government of AJK praying to allow an extension of time to conduct the LB polls till March next year (2023). The petitioner had also prayed for grant of any other relief which the learned apex court deem fit to be granted to the applicants”, according to the judgment announced here on Friday.
Earlier, after hearing the learned Advocate General and Raja Sajjad Ahmed Khan, Advocate, the learned counsel representing the applicants, the time was given to them to consult with the Azad Jammu Kashmir Prime Minister and the other concerned quarters to come with a definite stance in clear terms that what is the real intention of the Government and how much time is required to arrange the requisite amount demanded by the Chief Election Commissioner because the main thrust of the counsel for the applicants was that presently the Government of Azad Jammu and Kashmir as well as Pakistan is facing the financial crisis.
After seeking instructions from the AJK Prime Minister and other concerned quarters, the learned Advocate General stated that it would be convenient for the Government to hold the elections in May, 2023, however, Raja Sajjad Ahmed Khan, Advocate insisted for holding of the elections after the month of Ramadan ul Mubarak.
” It is very amazing that in the application, they have prayed for grant of time till March, 2023, however, the stance taken by them in the Court is even against their own prayer”, the learned court remarked in the judgment.
Haroon Riaz Mughal, Advocate President AJK High Court Bar Association, and Raja Amjad Ali Khan, Advocate, appeared and stated that the Court has already taken lenient view while extending the time more than once. There is no justification for further extension. It appears that the Government is not serious in holding the elections, however, if the Court comes to the conclusion that some further time is required then the extension should not be granted according to the wishes of the Government.
Raja Ayaz Ahmed Khan, Advocate, who represents the Vice Chairman of AJ&K Bar Council stated that the Government has come totally with a new stance which reflects that it has no intention to hold the elections rather it is an attempt to escape from its responsibilities. The application for extension in time has been filed at the stage when all the process has been completed, the election schedule has been announced and the public is mentally prepared to choose its representatives, hence, grant of further time will create an unrest in the society.
As far as the third argument pertaining to pendency of cases before the High Court, is concerned, to verify the position we have summoned the Registrar of the High Court, who appeared in Chamber and submitted the details of the cases. He apprised the Court that all the election cases pending before the High Court have almost been decided and only few newly instituted cases, which are not more than 2 to 4 in number, are pending and there is possibility that the same will be disposed of expeditiously. In this state of affairs, this argument of learned counsel for the applicants has also no substance, the judgment by the learned apex court of AJK said.
Over the matter of request for extension of time for holding of the elections as stated herein above, the learned Advocate General as well as Raja Sajjad Ahmed Khan, Advocate, after seeking instructions from the Prime Minister and the other concerned quarters requested for holding of elections in May, 2023 or after the month of Ramadan next year.
The learned court remarked in its judgment as saying “however, amazingly their stance is against their own application wherein they have prayed for extension of time till March, 2023.
