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SARDAR NASIM AHMED SARFRAZ versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR


Azad Jammu and Kashmir Legislative Assembly Ordinance 1970 Section 5 (2) Azad Jammu and Kashmir Interim Constitution Act VIII 1974), Sections 21 (2) (d) and 44 Written Request Disqualification of candidates of Azad Jammu and Kashmir Council He was called on the question that he was holding the post of Secretary, Kashmir Liberation Cell when he submitted his nomination papers and announced that he was elected and the returning candidate could neither be a candidate nor. Could hold a council membership. As the Secretary of Section 24 (2) (d) of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the Kashmir Liberation Cell was a full-time public office under his management, paid for by salary and by the AJK. There was a profit office in the service of J&K. The Office of Secretary, Kashmir Liberation Cell, which was held by the returning candidates as a member of the Azad Jammu and Kashmir Council at the time of his election, was removed from the jurisdiction of the AJ&K Act of 2000 under the auspices of Azad Jammu and Kashmir. The office of profitable office in the service, issued before the selection of the returning candidate, disqualified the returning candidate, if any, in the circumstances, from being a member of the council, was excluded. Although the ordinance was repealed four months after the enlargement of 2000, it was neither placed before the Assembly nor any The candidate was disqualified from being a member of the council, which was born after the election was canceled. Ordinance, 2000, over time, by the Chief Election Commissioner under section 21 (4B) of the Azad Jammu and Kashmir Interim Constitution Act, 1974

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