M. S Haidri
Muzaffarabad: The High Court of Azad Jammu and Kashmir issued a stay order on the election of new Prime Minister Azad Jammu and Kashmir in the session called on by the Speaker assembly here on Friday.
A two-member bench of the AJK high Court declared today’s session of the Legislative Assembly unconstitutional.
The two-member bench was headed by Justice Shahid Bahar along with Justice Sardar Ijaz Khan.
The court restrained the Speaker Azad Kashmir Legislative Assembly Anwar-ul-Haq from electing the new Leader of the House.
After the resignation of Prime Minister Abdul Qayyum Niazi on April 14th, the joint opposition approached the court under article 44 of the AJK interim constitution 1974.
It was also pleaded by the opposition that PM resigned under Article 16 (1) of Azad Jammu and Kashmir Interim Constitution, and under Article 16 (2) of the Constitution, the incumbent Prime Minister will serve until the election of a new Prime Minister.
The President of Azad Kashmir has to convene a meeting within 14 days of the resignation of the Prime Minister.
The session on 15th April was convened by the Speaker but after the resignation of the PM AJK on 14th april, the session became unconstitutional.
“Under the constitution, only President can convene a session after the resignation of the Prime Minister in view of Article 16(3) of AJK Interim constitution 1974” , the court remarked.
PPP AJK chapter President Ch. Yaseen and others were among the writ petitioners while Speaker AJK Assembly Anwar-ul-Haq and others were among the respondents.
The Court adjourned the hearing of the case till Monday, April 18th, 2022.