Muzaffarabad/Kashgil News
A major constitutional petition has been filed in the High Court against the delay in holding presidential elections in Azad Jammu and Kashmir.
This constitutional writ petition has been filed under Article 44 of the Interim Constitution of 1974, in which it has been taken a stand that after the office of the President of the state falls vacant, it is mandatory to hold elections within thirty (30) days as per Article 9 of the Constitution, however, this constitutional requirement has not been complied with by the concerned authorities.
The petitioners include renowned lawyers Raja Zulqarnain Abid Khan Advocate High Court and Syed Fakhar Kazmi Advocate High Court, who are members of the Central Bar Association Muzaffarabad.
In this constitutional petition, the petitioner’s lawyer, Syed Zulqarnain Raza Naqvi, Advocate Supreme Court, has taken the position that the supremacy of the Constitution and the rule of law are mandatory for every state institution and if the law has ordered that a work be done in a specific manner and within a specific period, then it is inevitable to do it in that manner, otherwise that action will be considered contrary to the Constitution.
The petition has made the Speaker of the Legislative Assembly, the Chief Election Commissioner and other relevant authorities parties and the honorable court has been requested to issue an appropriate order and direct the relevant authorities to ensure the election of the President of Azad Jammu and Kashmir within the constitutional period.
The petitioner’s lawyer, Syed Zulqarnain Raza Naqvi, Advocate Supreme Court, has taken the position that since no alternative effective legal remedy is available in this matter, the honorable High Court’s immediate intervention is indispensable in exercising its constitutional power so that the spirit of the Constitution and democratic requirements can be protected.
The petitioners and their counsel have reiterated their resolve to continue their struggle to uphold the Constitution, the rule of law, and protect democratic values ​​at all levels.
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