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First Schedule

Azad Jammu and Kashmir Interim Constitution Act 1974

Act: Azad Jammu and Kashmir Interim Constitution Act 1974

Section Provisions

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Citing Judgments

  • 2017 C L C 926 Justice Retired ABDUL RASHID SULEHRIA----Appellant Versus AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary and 3 others----Respondents
  • 2017 C L C 329 SECRETARY, AZAD JAMMU AND KASHMIR COUNCIL, ISLAMABAD and another----Petitioners Versus SAJJAD HUSSAIN SHAH and 22 others----Respondents
  • 2017 C L C Note 78 MUHAMMAD ABBAS KHAN and 5 others---Appellants Versus MUHAMMAD RAFIQUE KHAN through Representatives and 10 others---Respondents
  • P L D 2016 Supreme Court (AJ&K) 36 25. The argument of Raja Muhammad Hanif Khan, Advocate, counsel for the Council, that Act, 2000 is occupying the field for the last more than 15 years and the appointments of Chief Election Commissioner are being made in the light of said Act and the Azad Government has surrendered its authority before the Council in the matter, therefore, it is estopped to turnaround and claim that the Council has no legislative competence in the matter. The Azad Jammu and Kashmir Legislative Assembly passed the Act, 1992 in relation to the terms and conditions of Chief Election Commissioner. The said Act still holds the field. The appointments were made in the light of said Act. In presence of such Act, the Azad Jammu and Kashmir Council passed the Act, 2000 on the same subject. In the Constitution of Pakistan, 1973, under Article 143, if there are two Acts on the same subject, one passed by the Majlis-e-Shoora and the other by the Provincial Assembly, the Act of Majlis-e-Shoora shall prevail and the Act passed by the Provincial Assembly shall give way but neither is such like provision in Act, 1974, nor the Council has such superior controlling authority like the Majlis-e-Shoora. It does not need any authority that there is no estoppel against law. We have also considered the case titled Justice Rtd. Muhammad Siddique Farooqi v. Azad Jammu and Kashmir Council and others (Writ Petition No.24/2001
  • P L D 2015 Supreme Court (AJ&K) 31 BASHIR AHMED MUGHAL and 6 others---Appellants Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary and 6 others---Respondents
  • 2009 C L C 923 Syed SARFRAZ IHUSSAIN NAQVI----Petitioner Versus AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary, Muzaffarabad and 6 others----Respondents