The legal grounds for Sardar Tanvir Ilyas’s disqualification and the AJK SC’s ruling on the matter
Sardar Tanvir Ilyas
A member of the legislative assembly in Azad Jammu and Kashmir (AJK) was disqualified from his position. The AJK Supreme Court ruled on the matter, citing various legal grounds for his disqualification. This blog post will investigate the legal grounds for Sardar Tanvir Ilyas’s disqualification and the AJK SC’s ruling.
Background
Sardar Tanvir Ilyas was elected in 2016 and appointed Minister in 2018. He had been a Pakistan Muslim League-Nawaz (PML-N) party member before joining the Pakistan Tehreek-e-Insaf (PTI) in 2019.
- In his defense, Sardar Tanvir Ilyas claimed that he had made a mistake on his nomination papers and had not intentionally lied about his educational qualifications.
- The AJK Supreme Court‘s ruling on Sardar Tanvir Ilyas’s disqualification was unanimous, with all five judges on the bench agreeing with the decision. The election for the LA-16 Bhimber 4 constituency was held on April 21, 2021, and was won by PML-N candidate Chaudhry Arshad Hussain.
- The disqualification of Sardar Tanvir Ilyas was not the first instance of a member of the AJK legislative assembly being disqualified. In 2018, two assembly members were disqualified for holding dual nationality, which is prohibited under Pakistani law.
- The disqualification of Sardar Tanvir Ilyas sparked political controversy in AJK, with some alleging that it was a politically motivated move to target opposition leaders.
The AJK legislative assembly comprises 53 seats, with 41 elected on a constituency basis and 12 on a proportional representation basis. The group has the power to legislate on matters related to the governance of AJK, subject to certain limitations imposed by the Constitution of Pakistan.
Legal Grounds for Disqualification
The AJK Supreme Court disqualified Sardar Tanvir Ilyas from his position, citing various legal grounds. It was found that he had lied on his nomination papers about his educational qualifications. This violates the Representation of the People Act, 1976, which requires candidates to provide accurate information about their academic qualifications.
Sardar Tanvir Ilyas broke the law by failing to register his assets and debts. The AJK SC found that he had not reported his assets and liabilities for 2016, 2017, and 2018. This violates the Elections Act of 2017, which requires candidates to display their assets and liabilities.
Sardar Tanvir Ilyas had violated the Local Government Act of 2013. He had appointed several officers in his constituency without following the proper procedure. It violates the Local Government Act requires elected representatives to follow due process when appointing officers.
AJK SC Ruling
The AJK Supreme Court ruled that Sardar Tanvir Ilyas had violated various laws and was disqualified from his position. The court ordered a by-election in the LA-16 Bhimber 4 constituency.
However, People liked the decision of increased accountability and openness. They also praised the decision.
Conclusion
People welcomed the decision and saw it as a positive development in the region’s political landscape. We hope this move will set a precedent for future actions promoting democracy and good governance in AJK.
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