Case Details

Citation(s)
2015 SLG 1372 2015 SLD 1372 2015 CLC 1652
High Court (AJ&K)
Writ Petition No.567 of 2015, decided on 25th March, 2015.
GHULAM MUSTAFA MUGHAL, C.J., M. TABASSUM AFTAB ALVI, SARDAR ABDUL HAMEED KHAN, CHAUDHARY, JAHANDAD KHAN AND AZHAR SALEEM BABER, JJ
Raja Muhammad Hanif Khan and Raja Ayaz Farid for Petitioners. Abdul Rasheed Abbasi, Mushtaq Ahmed Janjua, and Ch. Shaukat Aziz, A.A.G. for
Respondents. Ch. Khalid Rashid, Azad Khan Tareen, Kh. Farooq Ahmed, Anjum Nisar Mir on behalf of Barrister Sulta

Raja MUHAMMAD NAEEB KHAN THAKAR and 6 others

VS

DELIMITATION COMMISSION, AZAD JAMMU and KASHMIR through Secretary, Election Commission and 3 others

Law:

Section:

(a) Azad Jammu and Kashmir De-limitation of Constituencies Ordinance, 1970--- ----Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition---De-limitation of constituency---Necessary party, non-impleadment of---Effect---Aggrieved person---Locus standi---Petitioners had not impleaded in line of respondents all the contesting candidates in the bye-election---Quashment of notification for de-limitation and polling scheme prepared on the basis of said notification would affect those candidates who contested elections---No writ could be issued in absence of a necessary party---Voters of the constituency would be condemned unheard due to cancellation of impugned notification---Cancellation of notification would also affect polling scheme prepared on the basis of said notification---Voters being necessary party, writ petition must fail due to their non-impleadment in the line of respondents---Petitioners were not aggrieved from the issuance of notification for de-limitation of the constituency---Petitioner had to be an aggrieved person for invoking extraordinary jurisdiction of High Court and he must have locus standi for availing such jurisdiction---Nothing was on record to show as to how petitioners had been affected by the issuance of impugned notification---No legal right or tangible interest had been infringed due to issuance of impugned notification in question---Writ petition was dismissed in circumstances. Muhammad Akram v. Cap. C.A. Saeed Deputy Commissioner Election Tribunal Gujrat and another PLD 1965 Lah. 703; Ch. Shafqatullah v. Delimitation Commission Pakistan through its Secretary PLD 1971 Lah. 533; Shahbaz Khan v. Election Commission of Pakistan through Chief Election Commission Islamabad PLD 2003 Lah. 125; Sajjad Hussain Shah and others v. Azad Jammu and Kashmir Council Secretariat through Joint Secretary Council Secretariat Sector F-5/2 Islamabad and others PLD 2013 AJK HC 34; AJK Government and 4 others v. Mohi-ud-Din, Islamic University and 2 others 2014 SCR 382; Province of Balochistan through Secretary Excise and Taxation Department, Civil Secretariat Quetta and 2 others v. Murree Brewery Company Ltd., Through…
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