Constitutional Provisions Relating To Election Commission of AJK

[50. Election Commission

1. There shall be an Election Commission for Azad Jammu and Kashmir, hereinafter referred to as “the Commission”.
2. The Commission shall consist of the Chief Election Commissioner, who shall act as the Chairman and two Members.
3. The Chief Election Commissioner, hereinafter referred to as the Commissioner, shall be appointed by the President on the advice of the Chairman of the Council.
4. The Prime Minister after consultation with the Leader of Opposition in the Assembly shall finalize the nominees for the appointment as Commissioner.
5. No person shall be appointed as the Commissioner unless he has been a Judge of the Supreme Court or High Court or has been a civil servant of BPS-21 and above, in the service of Azad Jammu and Kashmir.
6. The members of the Commission possessing the qualification as mentioned for Commissioner in sub-Article (5) above, shall be appointed by the President on the advice of the Prime Minister.
7. It shall be duty of the Commission to organize and conduct the election for the office of the President, the Assembly, the Council and local government bodies and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with the law.
8. The Commission shall have such powers and perform such functions as are conferred on it under the Constitution and Act of the Assembly.
9. At any time when the office of Commissioner is vacant or the Commissioner is absent or unable to perform the functions of his office due to any cause, the senior member of Commission duly designated at the time of appointment shall act as Commissioner for a period not exceeding six months.
10. Before entering upon office, the Commissioner shall make oath before the Chief Justice of Azad Jammu and Kashmir and the members before the Commissioner in the form set out in the First Schedule.
11. Subject to this Article, the Commissioner and each member, as the case may be, shall hold office for a term of five years from the day he enters upon his office: Provided that the Chief Election Commissioner appointed before the commencement of the Azad Jammu and Kashmir Interim Constitution (Thirteenth Amendment) Act, 2018 shall be deemed to have been appointed under this Article for remaining period of his term.
12. The Commissioner and members shall not be removed from their office except in the manner prescribed in Article 42-E.
13. The Commissioner or the member may, by writing under his hand addressed to the President, resign from his office.
14. The terms and conditions, other than mentioned hereinabove, for the office of the Commissioner and member shall be such as may be prescribed by an Act of Assembly.
15. The Commissioner or a member shall not, hold any other office of profit in the Service of Azad Jammu and Kashmir or Pakistan; or occupy any other position carrying the right to remuneration for the rendering of such services.
16. A person who has held office as Commissioner or the member shall not hold any office of profit in the Service of Azad Jammu and Kashmir or Pakistan before the expiration of two years after he has ceased to hold that office.
17. The Commission shall perform such functions as may be determined by Act of Assembly.
18. It shall be the duty of all executive authorities in the state to assist the Commission in the discharge of its functions.
19. Until Assembly by law otherwise provides, the Commission may, on the advice of the Prime Minister and with the approval of the President, make rules providing for the appointment of officers and servants to be employed in connection with the functions of the Commission and for their terms and conditions of employment.