Voting for President in Pakistan-administered Kashmir Amid Ongoing Unrest

Lawmakers in Pakistan-administered Kashmir are voting on Thursday to elect a president, filling the region’s last vacant constitutional office nearly eight months after the position became vacant, exceeding the deadline set by its constitution. Najeeb Naqi Khan, the candidate from the ruling Pakistan Muslim League-Nawaz (PML-N), is expected to win. The PML-N and its allies hold 32 of the 46 occupied seats in the 53-member Legislative Assembly, surpassing the 27 votes required for election. The Pakistan People’s Party (PPP) holds 14 seats. However, questions regarding months of unrest remain, as seven seats are still vacant due to two districts at the center of the protests not having voted. Members of the legislative assembly are voting at the assembly secretariat in Muzaffarabad between 10 AM and 1 PM local time. Under the interim constitution, the president is elected by a majority of the assembly’s total membership, meaning 27 votes are needed regardless of how many seats are occupied. Khan, 62, is a former assembly member from Palandri in Sudhnoti district, where he has won multiple elections and held several ministerial portfolios. The PPP has nominated Chaudhry Latif Akbar, 78, a former assembly speaker who served as acting president from January until August. The constitution stipulates that the president cannot be a member of the assembly. President Sultan Mehmood Chaudhry died in Islamabad on January 31 at the age of 71. He was elected in 2021 on a Pakistan Tehreek-e-Insaf (PTI) ticket. The PTI is led by former Prime Minister Imran Khan, who has been jailed for over three years but remains popular. The region’s constitution requires the speaker to hold an election within 30 days of the office becoming vacant. The speaker at the time was Akbar, who was also performing the president’s functions. No election was held. In late February, a petition was filed in the region’s High Court to direct the vote, naming the speaker, the chief election commissioner, and the Election Commission as respondents. The election still did not occur. Ershad Mahmud, author of the book, Poonch: Identity, Politics and Resistance, stated, "Legally, according to the constitution, they should have held the presidential election. But because the federal government at the time was PML-N’s, they had it delayed." He added that the delay was strategically calculated to allow the PML-N to install their own president. The region’s legislative election occurred in three phases on July 27, August 2, and August 10. Polling in seven of the 11 constituencies in Poonch division was postponed before the final phase, including five in Poonch district and two in Sudhnoti. Six weeks later, no new date has been set. Chief Election Commissioner Justice (retd) Ghulam Mustafa Mughal stated, "So far, no dates have been given for polls in the constituencies where election was not possible due to security situation. We need safety and security to be a priority." The PML-N won 25 of the 38 directly contested seats, while the PPP won 12. The PML-N also secured six of eight reserved seats. Voter turnout was 48 percent, down from 61 percent in 2021. The Jammu Kashmir Joint Awami Action Committee, a grassroots organization, was banned on June 5 under antiterrorism legislation. Its central demand is the abolition of 12 seats reserved for Kashmiri refugees living elsewhere in Pakistan. Internet services were cut across the region on the same day. Broadband was restored on September 13 after 99 days, although mobile data remains restricted in parts of the region. Residents and rights groups report that the death toll from the unrest exceeds 50, while the government has not provided an overall figure but states that at least seven police and paramilitary personnel have been killed. Mughal asserts that the absence of legislators does not affect the election process. He stated, "While morally one may say it is not adequate, but legally and constitutionally, it is no bar and elections will go ahead tomorrow." He added, "The people of Poonch division, particularly in Rawalakot and Sudhanoti, are being subjected to collective punishment for demanding their rights and refusing to surrender to power."