YASIR SAFEER MUGHAL vs AZAD GOVERNMENT OF AZAD JAMMU AND KASHMIR S — 2023 PLC(CS)N 39 HIGH-COURT-AZAD-KASHMIR

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YASIR SAFEER MUGHAL VS AZAD GOVERNMENT OF AZAD JAMMU AND KASHMIR S.4---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), art.50---Chief Election Commissioner---age limit---Scope---Petitioner assailed issuance of azad Jammu and Kashmir Members of the Election Commission (Terms and Conditions) (amendment) Ordinance, 2020, inter alia, on the ground that authorities with mala fide intention and for ulterior motive enhanced the upper age limit for appointment as Member Election Commission from 65 to 66 years just to accommodate the respondent, who had crossed the age of 65 years---Validity---approval of the Cabinet was obtained before issuance of the Ordinance, therefore, the requirements of promulgation were properly met---Explanation furnished on behalf of authorities for promulgation of the legislation removed the factor of mala fide alleged by the petitioner---Member of Election Commission possessing qualification under sub-article (5) of art. 50 of the azad Jammu and Kashmir Interim Constitution act, 1974 was eligible to be appointed as such---Sub-article (5) showed that a person who had been a Judge of the Supreme Court was eligible to be appointed as Chief Election Commissioner---Judge of the Supreme Court retired at the age of 65 years as per the provisions of sub-article (7) of art. 42 of the azad Jammu and Kashmir Interim Constitution act, 1974---Provisions of sub-article (5) of art. 50 became redundant to the extent of a retired Judge of the Supreme Court because he could not be appointed as Chief Election Commissioner if upper age limit of 65 years remained intact---Impugned legislation was rightly promulgated to remove the anomaly between subordinate legislation and the provisions of the azad Jammu and Kashmir Interim Constitution act, 1974---Constitutional petition was dismissed. Head NotesCase Description Citation Name: 2023 PLC(CS)N 39 HIGH-COURT-AZAD-KASHMIRBookmark this Case YASIR SAFEER MUGHAL VS AZAD GOVERNMENT OF AZAD JAMMU AND KASHMIR Mala fide of legislature---Scope---No mala fide can be attributed to the legislature, who is empowered under the Constitution to legislate on any subject---Court can strike down a law on the ground that the same is violative of constitutional provisions but a law cannot be struck down by the court on the ground of mala fide. Head NotesCase Description Citation Name: 2023 PLC(CS)N 39 HIGH-COURT-AZAD-KASHMIRBookmark this Case YASIR SAFEER MUGHAL VS AZAD GOVERNMENT OF AZAD JAMMU AND KASHMIR "Mala fide"---Scope---Mala fide has a definite significance in the legal phraseology and the same cannot possibly emanate out of fanciful imagination or even apprehensions but there must be definite evidence of bias and actions which cannot be attributed to be otherwise bona fide---Actions not otherwise bona fide, however by themselves would not amount to be mala fide unless the same is in accompaniment with some other factors which would depict a bad motive or intent on the part of the doer of the act. Head NotesCase Description

YASIR SAFEER MUGHAL vs AZAD GOVERNMENT OF AZAD JAMMU AND KASHMIR S — 2023 PLC(CS)N 39 HIGH-COURT-AZAD-KASHMIR

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