Saqib Ali Haidri
Muzaffarabad: Supreme Court of AJK has declared Minister for Forests Sardar Mir Akbar disqualified as MLA for his past tenure of seven months.
Supreme Court bench comprised of Chief Justice Ch. Ibrahim Zia and Justice Saeed Akram Khan gave decision of appellant All Jammu and Kashmir Muslim Conference through their secretary general Meher un Nisa to respondent Sardar Mir Akbar Khan after hearing here on Monday.
As per court decision, amendment was made in decision that respondent Sardar Mir Akbar Khan after the resignation from basic membership of Muslim Conference is declared in-eligible of tenure from 21st December 2015 to 21 July 2016.
Sardar Mir Akbar Khan was elected as Member Legislative Assembly MLA from LA 15 Bagh 3 on MC ticket and later on resigned.
Secretary General of MC issued a show cause notice to him and filed a reference to Speaker AJK assembly on 26th march 2016.
Speaker AJK assembly forwarded the reference to Chief Election Commissioner; Sardar Mir Akbar presented himself with documents and resignation before speaker on 25th April 2016.
Chief Election Commissioner also issued a show cause notice to Sardar Mir Akbar on which respondent said that neither he was heard before filing the reference nor speaker gave any defection on his disqualification.
Chief Election Commissioner sent back reference to speaker AJK assembly on 18th may 2016 as per interim constitution act 1974 section 25 of sub section 2.
Respondent plead in high court on 15th june 2016 on which high court nullified the reference against him.
Appellant also filed an application for review in Supreme Court on which court gave the decision that this appeal is ineffective after new elections. However, court declared respondent Sardar Mir Akbar disqualified for the tenure after his resignation to new elections.
Sardar Mir Akbar Khan remained MLA in previous tenure on MC ticket and after the disqualification for 7 months; he may have to submit back all perks and privileges to government treasury for this tenure.
