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AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR versus NOOR-UL AMIN, BARRISTER-AT-LAW


Azad Jammu and Kashmir Legislative Assembly Ordinance 1970 Section 5 (3) The Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 12, and 42 Pro-Pharma Defendants as a Member of Legislative Assembly as a candidate of a former political party. Were selected on. The election sat on the opposition benches, then included in the cabinet's constitutional petition that it was asked to issue a writ of quotas against which the member had been accepted by the High Court, which declared it Had assumed that he had ceased to be a member of the Legislative Assembly. The designation of the ministry and such action is equivalent to his withdrawal from the political party. The High Court declared that all the actions, orders and duties performed by the respondent as the Minister are without law. An appeal was allowed to appeal against the High Court's decision, but before that announcement the decision, the petitioner, ie the unselected member, passed away, after which the Supreme Court directed that the appeal be rejected by Gover. Subsequently, a petition was granted for leave to appeal for the purpose of challenging any part of the High Court decision as there was no party in the proceedings before the High Court's brief prayer in the petition by the concerned government. That the person who was sentenced in the verdict had no authority to take action because he was in the position of minister of government Could not decide whether to act, dismissing the decision as the government is not a party to the High Court, even if it is capable of filing an appeal to exclude the invalid part of the decision.

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