The following two questions arising for decision before my learned brother Wasi-ud-Din J. in the above noted election petitions which had been assigned to him for trial and adjudication by the Honble Chief Justice under section 88-A of The Jammu and Kashmir Representation of the People Act 1957 (Act No. IV of 1957) have been referred to this bench for determination: -

(1) Whether section 24-AA of the Jammu and Kashmir Representation of the People Act, 1957, is ultra vires and unconstitutional.

(2) Whether it is within the competence and juris­diction of an Election Judge nominated under the Representation of the People Act to go into the question of constitutionality of a particular section of the Act.

2. The material facts leading to this reference are: vide S. O. 227 dated January 12, 1971, the Central Govern­ment in exercise of the power conferred on it by sub­section (1) of section 3 of the Unlawful Activities (Preven­tion) Act 1967, (Act No. 37) of 1967, which was applied to the State with effect from September 1, 1969, declared the All Jammu and Kashmir Plebiscite Front (hereinafter called the Front) to be an unlawful association. On the same date the said G