Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 24,2(f),24,4(15)

Law: Constitution of Pakistan, 1973

Section: 63(k)

Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Arts. 24 ,  2(f)--Qualification of a person--A person shall be disqualified to be elected as, and to be, a Member of Assembly if, he is otherwise disqualify from being a Member of Assembly by Constitution or by under any other law.[P. 9] A Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Art. 24 ,  4(15)--Bar to contest elections--Government servants, including retired government servants are barred from contesting Elections or forming independent group of people who are barred to contest elections for a period of two years, from date of cessation of their employment or retirement, as case may be.[P. 16] C PLD 2007 SC 52 and PLD 2010 SC 265 ref. Constitution of Pakistan, 1973-- ----Art. 63(k)--Imposing of restriction to contest election--In Constitution of Islamic Republic of Pakistan, 1973, two years restriction has been imposed to contest election for retired civil servants, hence, no mala-fide has been attributed on behalf of respondents-government--Stance taken by petitioner is not maintainable. [P. 16] B Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Arts. 4(15), 24 ,  31--Azad Jammu and Kashmir Election Act, 2020, S. 5--Amendment in election act--Issuance of ordinance--Imposing of restrictions regarding participation of retired employees in election--Aggrieved person--Locus standi--Question of whether impugned ordinance placed before legislature assembly was valid or not? whether impugned act is against fundamental rights of petitioners or not--Maintainability--Direction to--A valid law cannot be struck down on whims and wishes of any person otherwise, impugned law has been enforced and promulgated by following after due process of law--Rule under impugned Law have also not been challenged by petitioners, claim of petitioners is vague, which is hereby deterred--It is settled principle of law that Legislature is competent to make a law, has ample of legislation--Under law, they are not eligible to participate in General Elections, 2021, claim of petitioners cannot be considered--Counsel for petitioners failed to point out any…

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