MUHAMMAD AYAN ALI RAJA vs AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY S

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MUHAMMAD AYAN ALI RAJA VS AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY S. 19 & Second Sched. Part II, Entry No. 3---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Arts. 44, 4(4)(1) & 4(4)(15)---Writ petition---Local Government elections---Elected members---Disqualifications of candidates---Age limit---Scope---Case of petitioner is that the upper age limit prescribed for contesting election of local bodies is ultra vires to the constitutionally fundamental guaranteed rights---Validity---Law recognizes such person as a voter who attains the age of eighteen years meaning thereby that he/she is qualified to elect his/her representative as per his/her choice and sweet will but simultaneously he/she is qualified to contest election of local bodies until he/she attains the age of twenty five years (which is a marked difference of seven years)---Such like barrier is not convincing enough for a prudent mind to accept this analogy as to how a person can be put out of arena to contest election of local bodies without exhibiting any rationale in this regard, thus, although in logical and rational parlance, age of eighteen years itself is sufficient equally for the purpose of contesting election of local bodies on the yardstick of constitutionally fundamental guaranteed rights i.e. Arts. 4(4)(1) & 4(4)(15) of the Azad Jammu and Kashmir Interim Constitution, 1974, but it is up to the Legislature to expose its wisdom and to bring it in consonance with the constitutional guarantees---However, age of twenty-one years as unanimously prescribed by all the four provinces of Pakistan seems plausible in this regard at local bodies level---To declass a person/voter randomly in the guise of age is not a reasonable classification as no legislation or specific expertise is rationally required in this regard---Schedule 2 Part II Entry No. 3 of the Azad Jammu and Kashmir Local Government Act, 1990 inserted through Azad Jammu and Kashmir Local Government (Amendment) Act, 2021 is severable from the rest of Act---Impugned provision in parlance of the scheme of Constitution cannot stand ex proprio vigore and lacking the ratio legis (the reason or purpose of making a law)---Impugned legislation is liable to be sent in hibernation---Constitutional petition was accepted, in circumstances. Citation Name: 2023 PLD 55 HIGH-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD AYAN ALI RAJA VS AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY Legislative intention is the paramount criterion in statutory interpretation. Citation Name: 2023 PLD 55 HIGH-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD AYAN ALI RAJA VS AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY art. 4(4)(15)---all State subjects equal before 'law' and entitled to equal protection of 'law'---'Law'---Meaning and scope---Word 'law' in the former expression is used in a philosophical sense whereas the word 'law' in the latter expression denotes specific laws in force---Former implies the absence of any special privilege in favour of any individual and the equal subjection of all classes to the ordinary law, while the latter is a more positive concept implying equality of treatment in equal circumstances. Citation Name: 2023 PLD 55 HIGH-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD AYAN ALI RAJA VS AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY Functional construction---Scope---Functional construction rule provides aid for practical purpose (which requires a strained construction to be given to the enactment). Citation Name: 2023 PLD 55 HIGH-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD AYAN ALI RAJA VS AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY Youth---Meaning. Citation Name: 2023 PLD 55 HIGH-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD AYAN ALI RAJA VS AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY Work of interpretation in one sense is enduring and in another sense ephemeral; what is good in it endures, what is erroneous is pretty sure to perish, the good remains the foundation in which new structures will be built and the bad will be rejected and cast off in the laboratory of the years. Citation Name: 2023 PLD 55 HIGH-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD AYAN ALI RAJA VS AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY Mischief rule---Scope---Crux of mischief rules is that it proceeds on the presumption that the Parliament (law-making organ of the State) is taken to do nothing without a reason, meaning thereby there must be reason for passing an Act and an enactment therein. Citation Name: 2023 PLD 55 HIGH-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD AYAN ALI RAJA VS AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY Golden rule---Scope---If there is nothing absurd in the statute, etc. you can rely on connotation of the crucial words---Mythology of canons of construction rests upon rationale to discern the legislative intention enunciated in the words---In this connection all the rules/techniques and tools of interpretation are not available in a static manner rather they are dynamic and vary from time to time. Citation Name: 2023 PLD 55 HIGH-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD AYAN ALI RAJA VS AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY Literal rule---Scope---Courts of law are bound to interpret a statutory provision as it is and not as it should be---If the language is plain and unambiguous, it cannot be ignored and must be adhered to. Citation Name: 2023 PLD 55 HIGH-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD AYAN ALI RAJA VS AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY Orthodox view of the judicial function to the duty of interpretation of an enactment is search for the intention of the legislature from the words used---Judge is not to discover actually what the legislature intended as contra distinguished from what its words express, but what is the meaning of the word it used---Difficulties of so called interpretation arise when the legislature has had no meaning at all when the question which is raised on the statute never occurred to it, then what the Judges have to do is not to determine what the legislature did mean on a point which was present to its mind, but to guess what it would have intended on a point not presented to its mind if the point had been present. Citation Name: 2023 PLD 55 HIGH-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD AYAN ALI RAJA VS AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY Casus Omissus---Scope and extent. Citation Name: 2023 PLD 55 HIGH-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD AYAN ALI RAJA VS AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY Statutes are often prepared unscientifically, the limitation of language and human foresight makes it impossible for the legislator to cover every eventuality---It is function of the Judge to cooperate with the legislature in providing through interpretation a systematic treatment of the whole field of legal relationship. Citation Name: 2023 PLD 55 HIGH-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD AYAN ALI RAJA VS AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY When a word has not been defined in the statute the ordinary dictionary meaning is to be looked at. Citation Name: 2023 PLD 55 HIGH-COURT-AZAD-KASHMIRBookmark this Case MUHAMMAD AYAN ALI RAJA VS AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY Ss. 19, 8, 9, 11 & Second Sched. Part II, Entry No. 3---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Arts. 44, 4(4)(1) & 4(4)(15)---Writ petition---Local Government elections---Elected members---Disqualifications of candidates---Age limit---Scope---Case of petitioner is that the upper age limit prescribed for contesting election of local bodies is ultra vires to the constitutionally fundamental guaranteed rights---Validity---At the local bodies level no legislation or law-making is required at any stage---Scope and area of working/ performing duties of the members of local bodies is limited merely to the extent of local geographic limits---Working area and spheres have been circumscribed to the extent of local government issues meant for development schemes and uplifting the undeveloped areas---While on the other hand the public representatives in higher public fora i.e. Assembly and Senate have been bestowed with totally different job and are burdened with onerous liabilities qua legislation/law making, that is why the prescribed age limit for such like fora in different countries is even more than twenty-five years and the wisdom behind the same is crystal clear that the cumbersome task of law making and legislation inter alia with other qualities requires adequate maturity coupled with mental agility---Although maturity improves wisdom but information technology has rapidly brought the entire world even closer by introducing the concept of "Global Village" thus, wisdom and maturity ipso facto cannot be bracketed and tagged with age---Through the Azad Jammu and Kashmir Local Government (Amendment) Act, 2021 certain amendments have been introduced by the legislature inter alia by providing room to the women and youth members at the ratio of 12.5% each of the total number of seats for the District Council, Local Council/Union Council, Town Committee and Municipal Committee---When the law itself allows the entry of youth in local bodies by allocating/reserving seats (without prescribing age limit) then 25 years' barrier is meaningless and does not seem to serve the very purpose of law---Barrier of the age of 25 years has stood left or for that matter become redundant in this view of the matter after subsequent amendment---Impugned legislation is liable to be sent in hibernation---Constitutional petition was accepted, in circumstances.

MUHAMMAD AYAN ALI RAJA vs AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY S — 2023 PLD 55 HIGH-COURT-AZAD-KASHMIR

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