Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art. 44---Writ petition---Necessary parties, non-impleading of--- Locus standi--- Scope--- Petitioners challenged Azad Jammu and Kashmir Elections Amendment Act, 2021, dated: 08.02.20221 to the extent of amendment in S. 24 of Azad Jammu and Kashmir Elections Act, 2021 and further a direction was sought to the respondents not to remove the petitioners and other State subjects from the voters list according to which they were entitled to vote on temporary addresses---Validity---All the beneficiaries were necessary party but the petitioners had failed to implead them as party and in the absence of necessary party, no direction could be issued---Petitioners were not aggrieved persons, therefore, they could not have filed the writ petitions---Petitioners had no locus standi to file the writ petition---Petitioners themselves had got mentioned their permanent residences in the CNICs---No legal right of petitioners appeared to have been infringed, therefore, they did not fall within the definition of aggrieved persons---Writ petitions were dismissed, in circum-stances. Shahbaz Khan v. Election Commission of Pakistan through Chief Election Commission, Islamabad PLD 2003 Lah. 125; Zahid Mehmood Shah and 24 others v. Azad Government and 14 others 2011 SCR 159 and Shafqat Hayyat v. Muhammad Shahid Ashraf and 18 others 2005 SCR 57 rel. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art. 44---Writ petition---Necessary party--- Scope--- No writ can be issued in absence of a necessary party. Shahbaz Khan v. Election Commission of Pakistan through Chief Election Commission, Islamabad PLD 2003 Lah. 125; Zahid Mehmood Shah and 24 others v. Azad Government and 14 others 2011 SCR 159 and Shafqat Hayyat v. Muhammad Shahid Ashraf and 18 others 2005 SCR 57 rel. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art. 44--- Writ petition---Pro bono publico---Scope---Every person by his own sweet will cannot file the writ petition as pro bono publico until and unless he fulfills the conditions to invoke the constitutional jurisdiction of High Court---Petitioner…

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