MUZAFFARABAD: Azad Jammu and Kashmir (AJK) High Court Chief Justice Ghulam Mustafa Mughal took oath on Friday as the AJK chief election commissioner (CEC).

The new CEC, who was sworn in by AJK Supreme Court Chief Justice Mohammad Azam Khan, faces the uphill task of making foolproof arrangements for elections, including the preparation of voters lists, and has little time to do so as the sitting assembly completes its five years term on July 24.

According to Section 22(4) of the AJK’s Interim Constitution Act 1974, general elections to the Legislative Assembly are required to be held within a period of 60 days immediately preceding the day on which the term of the Assembly expires and the result of the election shall be declared not later than 14 days before that day.

Experts say the elections can be conducted anytime between May 24 and July 10.

Talking to media persons at the swearing in ceremony, Justice Mughal said: “There is very little time left till the elections and I have accepted this position as a challenge.”

Appointment of new CEC ends long controversies and differences over the post between opposition, government and AJK Council

When asked about the objections to the existing electoral rolls a nd the opposition parties’ demand for fresh, computerised lists, he said: “We have to decide on how to make updated lists. There won’t be any problems in AJK but this is an issue in some constituencies in Pakistan”.

Out of 41 constituencies of the AJK Assembly, 29 are located within AJK territory and the rest are in Pakistan. Of these, six are reserved for refugees from Indian-occupied Kashmir and as many for refugees from Indian-held Jammu and other places.

The new CEC said he would soon be calling a meeting of political parties to devise a code of conduct. “Whoever violates it will be disqualified,” he warned.

Mr Mughal’s appointment was notified by the AJK government on February 11 in accordance with the advice of the AJK Council tendered on November 16, 2015. A CEC is appointed by the AJK President on advice from the AJK Council, which is headed by the Prime Minister of Pakistan.

According to a notification by the law department, Justice Mughal will hold the office of CEC in addition to his existing duties for three years, or till his retirement, if that comes earlier.

The appointment of a CEC comes after long differences over the issue between the AJK government, the AJK Council and PMN-L in the courts after the post had become vacant in April of last year.

On January 25, the AJK Supreme Court had declared that the ‘Council’s advice of November (in favour of CJ Mughal) is legal, valid and holds ground’. Just three days after this judgment, the AJK government amended the AJK CEC Terms and Conditions Act, rendering a sitting judge ineligible for appointment as CEC. PML-N had then filed an application for contempt of court proceedings against the government for the non-implementation of the Supreme Court’s judgment. Sensing the mood of the court, the government then issued the notification on February 11, but CJ Mughal had been reluctant to be sworn in till a judgment by the apex court in this regard.

On Thursday, the Supreme Court observed that the amended law that rendered a sitting judge ineligible was not in existence on November 16 or on January 25 and that a piece of subordinate legislation could not nullify its judgment.

Published in Dawn, February 20th, 2016