Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art. 44---Azad Jammu and Kashmir Election Commission Act (XVIII of 2020), S. 21---Writ petition---Preparation of electoral rolls---Scope---Petitioners called in question the vires of notifications issued by the Election Commission regarding formation of committees for verification of Electoral Rolls for the Constituencies of Refugees settled in Pakistan---Validity---Impugned notifications were issued in accordance with S.21(1) of the Azad Jammu and Kashmir Election Commission Act, 2020, with clear cut objective to enroll all the state subjects who were not holding State Subject Certificate---Election Commission after the consultation with all the concerned political parties had issued the impugned notifications correctly and rightly---Formation of committees also revealed that the committees did not consist upon the members of a single party rather the member of rival political parties were included in the committees having clash of interest, hence, no question of mala fide or arbitrariness or unreasonableness arose---Writ petition was dismissed. Imran Khans case 2012 SCMR 448; Imran Khans case PLD 2013 SC 120; Arshad Mehmood v. Commissioner/Delimitation Authority, Gujranawala and others PLD 2014 Lah. 221; Workers Party Pakistan through Akhtar Hussain, Advocate, General Secretary and 6 others v. Federation of Pakistan and 2 others PLD 2012 SC 681; Malik Ameer Haider Sangha and another v. Mrs. Sumaira Malik and others 2018 SCMR 1166; Dr. Imran Khattak and another v. Ms. Sofia Waqar Khattak, PSO to Chief Justice and others 2014 SCMR 122; Muhammad Siddique Baloch v. Jehangir Khan Tareen and others PLD 2016 SC 97; Syed Mehmood Akhtar Naqvi and others v. Federation of Pakistan and others 2013 SCMR 1; Election Commission of Pakistan through Secretary v. Province of Punjab through Chief Secretary and others PLD 2014 SC 668 and Province of Punjab through Chief Secretary and others v. M.Q.M. through Deputy Convener and others PLD 2014 SC 531 distinguished. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Art. 2(1)---State Subject---Scope---State Subject Certificate is the…

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