Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42(10)

Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Art. 42(10)--Resignation from service--Appellant was decided to contest general elections--Introducing of amendments in AJK Election Ordinance, 2020--Condition of expiry of two years from date of cessation of service of AJK for contesting elections--Filing of writ petition--Dismissed--Right to contest election of legislature assembly--Challenge to--Right to contest Elections of Legislative Assembly is not a fundamental guaranteed right, rather it is a qualifying right--Act of resignation of petitioner from service of AJK does not accrue a vested right in his favour rather he has to fulfill qualifications provided under law to contest election--There was no record of presentation of case for post ipso facto approval of impugned Ordinance, is also misconceived, hence, same is repelled--Counsel for petitioner failed to point out any law under which Legislature can be directed that an Act or Ordinance should be presented at a specific time’s right to contest election has not been snatched rather same is still alive and he can contest next election--High Court has rightly declined to grant any relief to petitioner--Impugned of High Court is perfect and legal one, calling for no interference--Appeal dismissed.   [Pp. 49, 50, 51 ,  52] B, C, E, F, G ,  H (Ref. PLD 1985 AJK 95) Constitution of Pakistan, 1973-- ----Art. 63(k)--Condition of expiry of two years--Condition of expiry of two years since cessation to be in service is specifically incorporated in Article 63(k) of Constitution of Islamic Republic of Pakistan, 1973. [P. 51] D Rules of Business, 1985-- ----Art. 23(2)--Desposal of case--Prime Minister may, in cases of urgency or other exceptional circumstances, give directions as to the manner of disposal of a case without prior reference to the Cabinet, but such case shall be reported to the Cabinet at the earliest opportunity thereafter. [P. 49] A ORDER The captioned petition for leave to appeal has arisen out of the judgment of the High Court dated 16.06.2021, whereby the writ petitions filed by the petitioner and proforma-respondents, herein, have been dismissed. Vide…

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