Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 5, 9 & 44

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX, Rr.l & 2

Azad Jammu and Kashmir Assembly Procedure Rules---R. 5---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss.5, 9 & 44---Civil Procedure Code (V of 1908), O.XXXIX, Rr.l & 2--�Application for interim injunction---Petitioner requesting for issuance of order of status quo restraining respondents from acting and performing functions of Members of Legislative Assembly till decision of his Constitutional petition and particularly restraining them from participating in Presidential election--�Entitlement---Petitioner had invoked jurisdiction of High Court in December, 1993, against a cause which took place in July, 1991 and then filed application for interim injunction in May, 1996---Petitioner thus, would not suffer any loss in case respondents participated in Presidential election---Irreparable loss would be to respondents in case they were restrained; balance of convenience was also in favour of respondents to conti'tnue with the functions of Assembly as component of joint sitting and participate in Presidential election---Courts in matters of election never favour disfranchisement of voters---Right of vote being most sacred right granted to electorate whether in general elections or in any other electoral college, voters were to be allowed to exercise their right without fear, undue influence and coercion---If respondents were restrained from exercising their right of vote, it would amount to granting the ultimate relief at an. interim stage to petitioners because all that Court can ultimately order wouldbe to declare the offices vacant and if they were restrained from voting, such action would amount to declaring their offices vacant---Grant of interim injunction (restraining respondents from voting in Presidential Election) would frustrate provisions of Ss.5 & 9 of the Constitution which respectively relate to powers of Chief Election Commissioner to conduct elections to the office of President and right of electoral college to vote in election of President besides the power as well as duty of Speaker to cause election to the office of President occurring due to casual vacancy---Application for interim stay was rejected in…