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Presidential Election dilemma in Azad Kashmir; notification dispute between Election Commission and Assembly Secretary raises fears of Constitutional crisis

Muzaffarabad: Despite the passage of one month since the death of the President of Azad Jammu and Kashmir, Barrister Sultan Mahmood Chaudhry, the failure to issue an official notification declaring the office 'vacant' has turned into a major constitutional question. Statements by the Election Commission and the Acting President have further complicated the situation.Secretary of the Azad Jammu and Kashmir Election Commission, Raja Muhammad Shakeel Khan, stated that until a formal notification regarding the President's death and the vacancy of the office is provided by the Legislative Assembly, the Commission is not authorized to issue an election schedule. According to the Commission, this document is of fundamental importance for initiating constitutional proceedings.On the other hand, Acting President Chaudhry Latif Akbar claimed in an interview on February 24 that the Election Commission had already been informed regarding the presidential election. The contradictory statements have created an impress ion that 'delaying tactics' may be intentionally employed to postpone the electoral process.Under the Interim Constitution of Azad Kashmir, 1974, a new presidential election must be held within 30 days of the office becoming vacant. The fact that no formal process has begun even after a month is considered contrary to the spirit of the Constitution.Even if the notification is issued today, the Election Commission would have to go through several stages: issuance of the election schedule, including dates for submission, scrutiny, and withdrawal of nomination papers; Publication of the final list of candidates, a process that typically takes 10 to 15 days; and Voting by the Electoral College, comprising members of the Legislative Assembly and the Council.If the government and the Election Commission act in good faith, the process could technically be completed within the next 30 days. However, this would require urgent measures. Otherwise, the delay could lead to serious legal and political deadlock in th e region.On Sunday, a press release signed by Raja Muhammad Shakeel Khan, Secretary of the Azad Jammu and Kashmir Election Commission, acknowledged the ongoing crisis. According to the statement, the Election Commission has initiated constitutional and legal proceedings regarding the election of the new President. In this regard, the Commission has written to the Secretary of the Legislative Assembly seeking clarification on certain matters and requesting the provision of the formal notification.According to the Commission's spokesperson, under Article 9 of the Azad Jammu and Kashmir Interim Constitution, 1974, in the event of the President's death and vacancy of the office, the Speaker of the Assembly is bound to hold an election for the new President within 30 days. The Commission emphasized that the official notification is essential for issuing the election schedule. Therefore, clarification has been sought from the Assembly Secretary to ensure the process begins in accordance with constitutional and legal requirements.The Commission further stated that completion of the constitutional procedure is indispensable before issuing the election schedule. As soon as the required clarification and necessary formalities are completed, the election process for the President of the State will proceed in accordance with the law. The Azad Jammu and Kashmir Election Commission has reaffirmed its commitment to fulfilling its constitutional responsibilities with complete neutrality, transparency, and adherence to the rule of law.