ALI HUSSAIN BOKHARI versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR
Article 44 Unauthorized Occupation of a Public Office To challenge the Luxury Standing, any person may move to the High Court to challenge unauthorized occupation of a public office, on any such request he will not merely see whether Whether or not the person is in this position under the rule of anybody. A competent authority, but going beyond this to see if he is legally capable of taking office or staying in office. The court will also look at whether the legal provisions in the appointment were violated. Ineligibility of appointment may not only arise from a desire for eligibility, but for the appointment, the person seeking relief from the violation of legal provisions need not be a grieving person. (ii) Instead of the authority of the Interim Constitution Act, it is binding on the High Court to disclose to the person held in public office what authority he claims to hold in that office. Section 9 Azad Jammu and Kashmir Interim Constitution Act (VIII) 1974), Section 44 PE
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