Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 44---Writ jurisdiction of High Court, invoking of---Essential conditions---Party invoking such jurisdiction must be an aggrieved person and that direction, prohibition or declaration must be sought against a person performing functions in connection with affairs of State of Azad Jammu and Kashmir. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ petition---Maintainability---Election for office-bearers of Azad Kashmir School Teacher Organization---Notification of successful candidates issued by such organization alleged to be illegal mala fide and without lawful authority---Petitioner's plea that such organization was registered with government, thus, same was functioning in connection with affairs of the State---Validity---Neither such organization had statutory backing nor had its rules been framed by government---Such organization being a body politic/corporate was not performing functions in connection with affairs of State of Azad Jammu and Kashmir---High Court dismissed the petition in limine. Salahuddin and 2 others v. Frontier Sugar Mills & Distillery Ltd. Tokht Bhai and 10 others PLD 1975 SC 244; Pakistan International Airline Corporation and others v. Tanweer ur Rehman and others PLD 2010 SC 676 and Azad Government of the State of Jammu and Kashmir v. Ansar Burney 1994 SCR 243 rel. Syed Nazir Hussain Shah Kazmi for Petitioners. Syed Shahid Bahar for Respondents Nos.1, 4 and 12. JUDGMENT GHULAM MUSTAFA MUGHAL, C.J.--- Through this petition filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 notification dated 14-6-2010 has been challenged for having been issued without lawful authority. Facts forming the background of the instant writ petition are that elections for office-bearers of the Azad Kashmir School Teachers Organization were held on 27-5-2010. Syed Nazir Hussain Shah and Sardar Arif Shaheen contested the said election. Petitioners herein, were included in the panel of Sardar Muhammad Arif Shaheen. It is alleged that petitioners got 413 votes from Tehsil Dudyal whereas non-petitioner No.3 and his…

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