Law: Azad Jammu and Kashmir Legislative Assembly (Elections) Ordinance, 1970

Section: 51 , 42

    Azad Jammu and Kashmir Legislative Assembly (Election) Ordinance, 1970--- -----S.51---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42---Appeal to Supreme Court ---1"Ton-compliance with the provisions of the Ordinance [Azad Jammu and Kashmir Legislative Assembly (Election) Ordinance, 1970], while drafting and lodging election petition---Such plea raised for the first time during arguments before Supreme Court ---Effect-- Election Tribunal had noted in its judgment that said plea was not pressed-- Such finding of Election Tribunal has neither challenged before High Court nor had been dealt with in the judgment of the High Court---Objection being raised during arguments before Supreme Court was not included in the petition for leave to appeal---Such objection could not be allowed to be raised for the first time before Supreme Court during arguments. Azad Jammu and Kashmir Legislative Assembly (Election) Ordinance, 1970--- -----S.51 (b)---Word "parties" as contained in S. 51 (b) of the Ordinance, 1970--Connotation---Word "parties" occurring in S. 51 (b), Azad Jammu and Kashmir Legislative Assembly (Election) Ordinance, 1970, refers to parties to election petition and could not be construed to mean a person other than a party to the election petition.---[Words and phrases]. Azad Jammu and Kashmir Legislative Assembly (Election) Ordinance, 1970--- -----. 2 (ii)---Word "candidate" as used in S. 2 (ii), Azad Jammu and Kashmir Legislative Assembly (Election) Ordinance, 1970, was comprehensive and included not only contesting candidates but also a person who was proposed as a candidate but subsequently withdrew from the contest or whose nomination papers were rejected after scrutiny.---words and phrases. Azad Jammu and Kashmir Legislative Assembly (Election) Ordinance, 1970--- ----Ss. 64, 65 & 66---Declaring election to be void by Election Tribunal--Limitations---Election Tribunal was empowered to declare election of a candidate to be void and also to declare another contesting candidate to be duly elected---Such power was, however, restricted only to a situation in which election of a returned…