FAISAL MUMTAZ RATHORE versus ELECTION TRIBUNAL AZAD JAMMU AND KASHMIR
Sections 49, 50, 51 and 59 of the Rules of Procedure of the Azad Jammu and Kashmir High Court, 1984, RR 88, 89 and 90 Civil Procedure Code (v. 1908), O. VI, R 15th Act (X of 1873), Section 7 Azad Jammu and Kashmir Interim Drafting Act (VIII of 1974), Article 44 Written Request Independent J&K Legislative Assembly (Election) Ordinance relating to the oath of the Election Petition to hold the seat of the Legislative Assembly of Azad Jammu and Kashmir. The non-affirmation of affiliation of related petitions, 1970 was a special law that was to prevail over the common law which provided a special mechanism for drafting the election petition. The request for ratification was to be heard by a special tribunal under the Azad Jammu and Kashmir Legislative Assembly (Election) Ordinance, 1970. The jurisdiction tribunal may exercise jurisdiction over the request made pursuant to sections 50 and 51 of the Ordinance, and if any thing is missing, the jurisdiction asserting the jurisdiction will be unlawful and without legal authority and oath Supplementary documents should be verified along with the contents of the deed to confirm the election request. Such affidavit was confirmed by the officer under Section 7 of the Oath Act 1873 and the affidavit filed by the affidavit Voters did not meet the required conditions because verification of validity on the election petition was submitted by the Commissioner. He was not. An unqualified request may be issued against the tribunal for refusal to proceed. The respondent's election petition was not certified according to the law and was responsible for dismissing the circumstances of the writ petition.
