Chief Election Commissioner

  1. AJ&K Rules of Business, 1985 — Rule 11(1) Schedule V — Entry No.20 — AJ&K Council Rules of Business, 1983 — schedule V — Entry No.18 — appointment of Chief Election Commissioner — mode of intimation of process for appointment — argument that approval has to be granted by the President for appointment of Chief Election Commissioner, therefore, process has to be initiated from the office of the President and the President has the right to propose the penal of suitable persons and Council has to issue advice only from the penal sent by the President — argument repelled — Reasons — the mode for initiation of process for appointment of Chief Election Commissioner is not prescribed in the Rules of Business, 1985 or Council Rules of Business, 1983 — Schedule V of Rules of Business, 1985 provides the list of cases submitted before the President for approval — Entry No.20 provides the appointment of  Chief Election Commissioner, leave, removal and related matters — Rule 11(1) of the Rules of Business provides that no order shall be issued without approval of the President in the cases enumerated in schedule V — schedule V of Rules of Business 1983 provides the cases which have to be submitted to the Prime Minister of Pakistan/Chairman AJ&K Council for orders — Entry No. 18 of said schedule provides the Chief Election Commissioner — a combined reading of Entry No.18 of schedule v of AJ&K Council Rules of Business, 1983 and Entry No.20 of AJ&K Rules of Business, 1985 shows that the procedure for intimation of process is not provided in both the Rules, it is only provided that the file shall be placed before the Chairman AJ&K Council for appointment of Chief Election Commissioner and orders for appointment of Chief Election Commissioner shall not be issued without approval of President — Held: there is no concept of consultation in the appointment of Chief Election Commissioner, therefore, there is no concept of issuance of advice from the penal suggested by the President — Further held: when there is no concept of consultation, the seeking of advice by the President means that the office of the President shall intimate the Council that the Office is vacant, the advice of eligible person be issued — A penal may be proposed but it is not mandatory to issue advice from the said penal. AJ&K Council v. AJ&K  Govt. & 8 others 2016 SCR 145 (F,G &H)
  2. Interim constitution Act, 1974 — section 50 — Constitution of Islamic Republic of Pakistan, 1973 — Art. 213 — Chief Election Commissioner — appointment of — High Court observed that in Article 213, it is provided that Chief Election Commissioner shall be appointed with consultation of the Leader of House and the Leader of Opposition, therefore, President shall send panel of the suitable persons after consultation with the Leader of House and the Leader of   Opposition — Held:  no such provision exists in Act, 1974, thus, the findings for sending the panel by the President are not maintainable. AJ&K Council v. AJ&K  Govt. & 8 others 2016 SCR 145 (I) 
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