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JAMMU AND KASHMIR COUNCIL FOR HUMAN RIGHTS versus SECRETARY AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY


Articles 25 and 44 of the Azad Jammu and Kashmir Interim Constitution Act 1974 declare a sitting vacant because of his absence or neglect to attend assembly meetings for a mandatory period. That it is important to find out. Whether or not such a member is absent without leave. And whether it was for the Assembly's desired sitting days. The court did not present a record to examine whether members of the relevant members were found to be absent from the assembly seats, and were affected by the provisions of section 25 (1) (b). The constitutional members themselves were in a position to confirm the applicants' claims so that they were never absent from the assembly, or for genuine and legitimate reasons, avoiding the attendance of such applicants. Strangers, it was not considered that applicants received direct information about their affidavit, therefore, there was no benefit to the presence of a member in the assembly premises, but not to attend the meeting. Whether or not their failure was due to an absence of law. There was, of course, an important question of the interpretation of the law / reuuirin g constitution and the rules of the constitutional application of the Constitution, if it was filed by a provocative person, there is a good chance of examining the question raised in the constitutional petition. / The party's terms that have not been satisfied, and because there is no evidence on the question of fact, the law proposal contained in the application could not be properly resolved.

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