Full Court Bench Formed by AJK High Court to Hear Writ Petition on Registration of Political Parties

Muzaffarabad (Azadi Times) March 20, 2023 – The High Court of Azad Jammu and Kashmir has constituted a full court bench to hear a writ petition filed regarding the registration of 08 political parties established in Azad Kashmir. The court has issued notices to the parties involved, and the next date of hearing has been fixed for 29th March.

The writ petition was filed in the name of the Election Commissioner of Azad Kashmir by Councilors Wahidashraf, Rizwan-ur-Rashid Mughal, Zahoor Ahmed, Abdul Qayyum, Malik Inayat Hussain, etc., who were elected on party tickets in the recent local elections.

The preliminary hearing of the writ petition took place in a Divisional Bench, presided over by Chief Justice of the High Court, Justice Raja Sadaqat, and Justice Sardar Muhammad Ejaz. Sardar Tahir Anwar Advocate, Syed Zulqarnain Naqvi Advocate, Khawaja Junaid Pandit Advocate, Raja Zarif Hussain Khan Advocate, and others appeared in the High Court on behalf of their respective parties.

During the hearing, Sardar Tahir Anwar Advocate raised concerns about the registration of these political parties under the Political Parties Act, stating that it is doubtful. He argued that it is not competent to send notices to these councilors, as the records of the political parties were taken into custody by the Election Commission.

The court approved the writ for regular hearing, during which three points will be raised:
1. Whether the political parties that sent notices to their elected councilors are registered under the constitution and the law, and whether they were eligible to send notices.
2. The status of the elected councilors who were elected on the ticket of these parties and whether they will send references to the Election Commission in this regard, and if the references are legally valid.
3. Notices have been issued to the presidents and general secretaries of the parliamentary parties to present their stand by themselves or through a lawyer.

Among the political parties involved are Pakistan Muslim League-N Azad Kashmir, Pakistan Peoples Party Azad Kashmir, All Jammu and Kashmir Muslim Conference, MQM Pakistan and Azad Kashmir, Jammu and Kashmir People’s Party, Jamiat Ulema Islam Jammu Kashmir, and Jamaat-e-Islami Jammu and Kashmir.

It should be noted that the Political Parties Act, under which political parties are registered, specifies punishments for wrong registration. Therefore, it is necessary that the person registering the political party should be a state subject. Additionally, the Act fixes the tenure of office bearers for three years.