Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss. 44 & 25---Constitutional petition---Locus standi to file---Aggrieved person whose Assembly seat was declared to be vacant in terms of S. 25 of the Constitution, himself not filing Constitutional petition against respondents to restrain them from holding bye-election in his constituency but same was filed by an elector of the constituency---Competency---Constitutional petition having not been filed by an aggrieved person was not maintainable---Status of elector was confined to exercise of vote in accordance with his choice, in support of a particular candidate---Right of franchise would not extend beyond that--­Elector would have a choice to exercise his vote in bye-election, therefore, he could not be construed as an aggrieved person, nor the Human Rights Organization, the co-petitioner who had got only a remote academic interest in the matter---Constitutional petition was not maintainable in circumstances.--­[Locus standi]. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss. 25 & 44---Declaring seat of a Member of Assembly to be vacant due to his absence or abstention from attending sessions of the Assembly for requisite period---Such factum being a pure question of fact had to be ascertained as to whether Member concerned remained absent; whether such absence was without leave; and whether same was for requisite sitting days of Assembly--­No record had been produced in Court to examine whether finding of officials that Member concerned remained absent from sittings of Assembly, and was hit by the provisions of S. 25(1)(b) of the Constitution---Member concerned himself was in a position to verify in support of claim of petitioners so as to prove that he never remained absent from the Assembly or that he had abstained from attendance on account of genuine and valid reasons--­Petitioners being. strangers to such facts, they were not deemed to have any direct knowledge of their own---Affidavits filed on behalf of petitioners were, thus, of no use---Presence of Member at the premises of Assembly but his failure to join the session whether constituted his…

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