| Case ID |
0953102a-f8bf-4fd7-ad7d-26e28bc25340 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.97 of 1996 |
| Decision Date |
May 22, 1996 |
| Hearing Date |
|
| Decision |
The court dismissed the constitutional petition filed by the petitioners. The main argument centered around the impeachment of the respondents, who were alleged to hold impeachable character due to misconduct and breach of trust. The court ruled that the allegations, even if true, would require an inquiry and proof, which would result in disqualification only if substantiated. The court also emphasized that the jurisdiction to determine disqualification lies with the Chief Election Commissioner, as per the provisions of the Azad Jammu and Kashmir Interim Constitution Act, 1974. Hence, the petition was deemed not maintainable due to the jurisdictional bar. |
| Summary |
In the case of Writ Petition No.97 of 1996 before the High Court (AJ&K), the petitioners sought to impeach two elected officials, alleging misconduct and breach of trust. The court found the petition not maintainable, emphasizing that allegations would require proper inquiry and the jurisdiction to disqualify members lies with the Chief Election Commissioner. This decision highlights the court's role in constitutional matters and the separation of powers within the governance structure of Azad Jammu and Kashmir. The ruling reinforces the importance of proper legal procedures in addressing allegations against public officials, ensuring that due process is followed in matters of public interest. This case serves as a critical reference for understanding the legal frameworks governing electoral integrity and accountability within the region. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
KHAWAJA MUHAMMAD SAEED, ACTG. C.J.,
SYED MANZOOR HUSSAIN GILANI,
CHAUDHARY MUHAMMAD TAJ,
MUHAMMAD SIDDIQUE FAROOQI
|
| Lawyers |
Muhammad Yusuf Khan, A.G.,
Muhammad Hanif Khan,
Ghulam Mustafa Mughal,
Muhammad Ashafq Kiyani
|
| Petitioners |
anothers,
Sardar MUHAMMAD RAZAQ
|
| Respondents |
another,
Sardar MUHAMMAD ABDUL QAIYYUM
|
| Citations |
1996 SLD 1308,
1996 CLC 1675
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act
|
| Sections |
25(2),
44
|