Law:

Section:

Azad Jammu and Kashmir Electoral Rolls Rules, 1970--- ----Rr.6 to 11, 14, 16, 17 & 20---Azad Jammu and Kashmir Electoral Rolls Ordinance, 1970, Ss. 10-A, 13-A & 15---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss.44 & 5(4)---Writ petition---Preparation of voter's list---Petitioner had sought inclusion of name in the electoral rolls---Scope---Name of petitioner was not included in the electoral rolls on the ground that same had already been published---Validity---Petitioner was permanent resident of the village where his name was to be included in the electoral rolls---Application for inclusion of name in the electoral rolls could only be filed under R. 20(1) of Azad Jammu and Kashmir Electoral Rolls Rules, 1970 after publication of the same---Process of election of members to the Legislative Assembly had already been completed therefore embargo contained in R. 20(4) of Azad Jammu and Kashmir Electoral Rolls Rules, 1970 was not attracted---No limitation had been provided for entertaining application under R. 20 of Azad Jammu and Kashmir Electoral Rolls Rules, 1970---Chief Election Commissioner had powers to correct electoral rolls both before the after their final publication---Impugned orders were set aside having been passed without lawful authority---Writ petition was accepted in circumstances. Syed Qasim Gillani v. University of AJ&K and 5 others 2015 SCR 123; Fazal Hussain v. Fatima Bibi and 2 others 2015 SCR 1384; Akhtar Saleem v. Registration Officer and others PLD 1992 Lah. 34; Custodian of Evacuee Property v. Azad Govt. and 2 others 2001 SCR 432 and AJ&K Government and 4 others v. Mohi-ud-Din Islamic University and 2 others 2014 SC 1382 ref. Mian Karam Illahi v. The Revising Authority of the Electoral Rolls, District Jhelum PLD 1975 Journal 54 and Election Commission of Pakistan v. Asif Iqbal and others PLD 1992 SC 342 rel. THIS JUDGMENT DELIVERED BY: M. TABASSUM AFTAB ALVI, JUSTICE:---.--- The captioned writ petition has been addressed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, whereby validity and propriety of order recorded by Registration Officer/ Assistant Commissioner…