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. 5---

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. 5---azad Government of the State of Jammu and Kashmir Rules of Business, 1985, R. 23---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), arts. 44 & 41---Writ petition---Power to make Ordinance---Cases to be brought before the Cabinet---Scope---Question before High Court was whether the azad Jammu and Kashmir Elections (amendment) Ordinance, 2021, placed before the Legislative assembly was valid or otherwise---Contention of petitioners was that the Ordinance was issued without approval of the Cabinet---Validity---Rule 23(2) of the azad Government of the State of Jammu and Kashmir Rules of Business, 1985, showed that the Prime Minister in cases of urgency or other exceptional circumstances could give directions as to the manner of disposal of a case without prior reference to the Cabinet, but such case had to be reported to the Cabinet at the earliest opportunity thereafter---Matter was duly presented before the Cabinet, the Cabinet had approved the draft bills with the direction to place them before the assembly and decision, hence the contention of petitioners was repelled---Writ petitions were dismissed.

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