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SHUJAH HAIDER versus CHIEF ELECTION COMMISSIONER, AZAD J & K


Article 5 (2) of the Azad Jammu and Kashmir Legislative Assembly Ordinance 1970 and 11 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), applicants for disqualification as members of the 24th and 44th Legislative Assembly Rejection of Papers Nomination Rejected by the refusal to sign the Declaration, be elected as a Member Assembly because they believe in the integrity and integrity of the ideology of Pakistan, the ideological state of Pakistan and the sovereignty of Pakistan. And the supply of capabilities. A candidate to be elected as a Member of the Legislative Assembly; it also provides for the disqualifications provided under the Constitution or any other law clause under which the relevant declaration is provided, Section 5 (2). (vii), the Legislative Assembly Ordinance of Azad Jammu and Kashmir, made in 1970, is not found in such qualification / disqualification section. 24 Disqualifications of the Constitution considered in Article 5, under the Azad Jammu and Kashmir Legislative Assembly Ordinance, 1970, do not consider the effect of disqualification imposed by the Legislature but not enforced by the Constitution. Is. ()) (F) Like any disqualification enforced in section (24) of the Constitution, the constitution shall be approved, just like any disqualification contained in section (24 (2)), so any contesting and disqualifying election of the Constitution Uniformly prohibited.The provisions contained in Article 2 (4) (2) (f) of the Constitution which presume that disqualifications may be imposed by any other law provided in section 5 of the Ordinance, Therefore, non-compliance will result in the candidate having refused to sign it. Section 11, Azad Jammu and Kashmir

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