ANWAR MEHMOOD vs SHAKEEL QADIR, CHIEF SECRETARY AZAD JAMMU AND KASHMIR art — 2022 PLC(CS) 1246 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2022 PLC(CS) 1246 HIGH-COURT-AZAD-KASHMIR
Year: 2022
Reporter: PLC
Parties: ANWAR MEHMOOD vs SHAKEEL QADIR, CHIEF SECRETARY AZAD JAMMU AND KASHMIR art
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ANWAR MEHMOOD VS SHAKEEL QADIR, CHIEF SECRETARY AZAD JAMMU AND KASHMIR art.44---Writ petition---Writ of prohibition---Removal of civil servant by Election Commission---Scope---Petitioner sought issuance of a writ of prohibition directing the respondents not to cancel his appointment notification but he was removed from service during pendency of the petition---Validity---Election Commission was bound to conduct free, fair and transparent elections---Executive was bound to assist the Election Commission in that regard---Election Commission was an independent authority but its powers did not allow it to encroach the jurisdiction of other organs---Notification whereby petitioner was removed from his office clearly amounted to encroachment in the jurisdiction of the High Court and was also ultra vires the Constitution---High Court observed that since the authorities had already withdrawn the impugned notification, therefore, no further deliberation was required---Writ petition was disposed of accordingly.

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