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 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.
