Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Azad Jammu and Kashmir Electoral Rolls Ordinance, 1970

Section: 13B,15,10(1)

(a) Azad Jammu and Kashmir Electoral Rolls Ordinance, 1970-------S. 13-B---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ of prohibition, issuance of---Deletion of non-qualified voters of refugees settled in Pakistan from Electoral Rolls---Petitioner had sought writ of prohibition against authorities to refrain from proceeding on the application filed by respondent and alleged that numerous illegalities had been committed by its subordinate staff of the authorities including entering non-qualified and bogus voters in the Electoral Rolls---Request was made for correction of the alleged irregularities---Chief Election Commissioner, sent said application for further proceedings to Secretary Election Commission---Committee was constituted for inquiry into allegations levelled in the application---Petitioner had challenged order of Chief Election Commissioner constitution of the committee and further proceedings on the ground that same were being conducted by authorities without jurisdictional competence---Validity---Under provisions of S.13-B of Azad Jammu and Kashmir Electoral Rolls Ordinance, 1970, Chief Election Commissioner was empowered to delete non-qualified voters from the voter's list---Said provision appeared to have been enacted specifically in view of the complaints of the public at large about inclusion of non-qualified and bogus voters in the voters list and the provision having overriding effect, had to be interpreted notwithstanding existence of other similar provisions---Authentic Electoral Rolls was sine qua non for transparent election, power to delete non-qualified voters, could be exercised by Chief Election Commissioner at any time, even after publication of Electoral Rolls---Only embargo placed on said powers of the Chief Election Commissioner was that a complaint under S.13-B of Azad Jammu and Kashmir Electoral Rolls Ordinance, 1970, should have been made by a voter from the same constituency---Respondent in the present case was not a resident of that constituency---Filing of complaint and assumption of jurisdiction, constitution of Committee and issuance of notices by the Chief Election Commissioner, in…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492