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AZHAR HUSSAIN GILLANI versus ELECTION TRIBUNAL AZAD JAMMU AND KASHMIR


Sections 51 and 59 of the Civil Code (v. 1908) and VI R14 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), section 44, affirming the written request and rejecting the election petition by the sub-jurisdictional applicant. The petition filed for was. The petitioner's election tribunal stated that he was elected as a Member of the Legislative Assembly of Azad Jammu and Kashmir and was notified in this manner, while the defendant's position was that the applicant was elected a member of that assembly on that day. Was not eligible to be. The Election Tribunal confirming the submission of papers was a special jurisdiction tribunal that could exercise jurisdiction over a properly constituted application if the signature of the election petition and the attachment to each schedule and such petition were not signed and confirmed. Was done, then the Tribunal should exclude the imperative requirement. In the present case, the law was lacking and the Tribunal was bound to settle the legal issues which rarely required any proof. The written application was accepted and the Tribunal was instructed to dismiss the preliminary objection in respect of the application. An empty order was issued as well.

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