| Case ID |
00ed39b8-59d3-4c97-94f2-8debbccbc20f |
| Body |
View case body. Login to View |
| Case Number |
Civil PLA No. 71 Civil Misc. No. 90 of 2021 |
| Decision Date |
Jun 23, 2021 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the right to contest elections is not a fundamental right but rather a qualifying one. The petitioner’s resignation from service did not create a vested right to participate in elections without fulfilling the necessary qualifications as mandated by law. The argument that the impugned Ordinance was promulgated with mala fide intentions was found to lack substantial evidence. The High Court's decision to dismiss the writ petitions was upheld, affirming that the petitioner can contest future elections after the requisite two-year period from cessation of service. |
| Summary |
This case revolves around the petitioner's right to contest elections after resigning from service in the Azad Jammu and Kashmir Legislative Assembly. The key legal issue centers on the interpretation of the Azad Jammu and Kashmir Interim Constitution Act and the conditions set forth by the newly introduced Ordinance, which mandates a two-year waiting period post-resignation. The Supreme Court ruled that the right to contest elections is a qualifying right, not a fundamental one, and upheld the High Court's dismissal of the petitioner's writ. This ruling emphasizes the necessity for compliance with legislative requirements for eligibility in political contests, thereby reinforcing the legal framework governing electoral participation in Azad Jammu and Kashmir. The decision reinforces the principle that legislative provisions must be adhered to while contesting elections, and any changes in law affecting eligibility must be respected. The case highlights ongoing debates about electoral rights and the balance between legislative authority and individual political aspirations. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
RAJA SAEED AKRAM KHAN, C.J.,
Mian MUHAMMAD SHAFIQUE
|
| Lawyers |
Barrister Humayun Nawaz Khan,
Syed Zulqarnain Raza Naqvi,
Raja Inamullah Khan,
Mr. M. SagheerJaved
|
| Petitioners |
AZAD GOVERNMENT OF THE STATE OF JAMMU KASHMIR
|
| Respondents |
Secretary Law, Justice Parliamentary Human Rights Department, Muzaffarabad,
Barrister Humayun Nawaz Khan,
Syed Zulqarnain Raza Naqvi,
Raja Inamullah Khan,
Mr. M. SagheerJaved
|
| Citations |
2022 SLD 1790,
2022 PLJ 42
|
| Other Citations |
PLD 1985 AJK 95,
PLD 2016 SC 808,
PLD 1983 SC 457,
PLD 1997 SC 582,
PLD 1985 AJK 1995
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974,
Constitution of Pakistan, 1973,
Rules of Business, 1985
|
| Sections |
42(10),
63(k),
23(2)
|