Mian MUHAMMAD SHAFIQUE vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR S — 2022 PLD 1 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2022 PLD 1 HIGH-COURT-AZAD-KASHMIR
Year: 2022
Reporter: PLD
Parties: Mian MUHAMMAD SHAFIQUE vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR S
Subject matter: Constitutional
Provisions referred to: S. 31---; S. 31

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

Mian MUHAMMAD SHAFIQUE VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR S. 31---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), arts. 44, 24 & 4(15)---Writ petition---Qualification of members of assembly---Equality of State Subjects---Qualifications and disqualifications for being a member---Scope---Petitioners in order to contest election got retired earlier than their actual date of retirement, being cognizant of enforcement of azad Jammu and Kashmir Elections act, 2020, whereby they were fully qualified for contesting upcoming General Elections but after their retirement S. 31 of azad Jammu and Kashmir Elections act, 2020, was amended and a restriction was imposed which restrained the former civil servant from contesting the election unless a period of two years had elapsed since he ceased to be in such service---Validity---Legislature under art. 24 of the azad Jammu and Kashmir Interim Constitution act, 1974, was empowered to provide for "disqualifications" and not "qualifications"---Petitioners had failed to establish any substantial legal right on the basis of which they were legally entitled to file the writ petitions---Law in question was duly passed under the mandate of azad Jammu and Kashmir Interim Constitution act, 1974, therefore, a valid law could not be struck down on the whims and wishes of any person---Writ petitions were dismissed.

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