' SHER ZAMAN CHAUDHRY, J.-This miscellaneous application for the purpose of restraining respondents Nos. 1 to 44 to act as Members of Azad Jammu and Kashmir Assembly, for their election as members of the Assembly having been conducted contrary to the provisions contained in the Interim Constitution Act, 1974, and also against Rules of Procedure of Assembly, 1975, was filed by the petitioner on 20-1-1986 with the prayer that he may be impleaded and heard as a party in the appeal titled Azad Government v. Jammu and Kashmir Tehrik-e-Ammal Party and others. On submission of this petition the petitioner was asked to satisfy the Court as to how and under what provision of law as could be impleaded as a party in that case. The above-titled case to which the petitioner wished to be impleaded as a party has since been withdrawn by the appellant- Government.
2. Sardar Muhammad Yasin Khan petitioner argued that this application under section 42-A of the Interim Constitution Act, 1974, read with Order XLIII, rule 5 of the Supreme Court Rules was competent. The Supreme Court, according to the petitioner, had wide powers under the provisions contained in the Interim Constitution Act, read with the provisions contained in the Supreme Court Rules, to take cognizance of the matter and allow the relief claimed for. It would make no difference that the appeal wherein the petitioner wished to be impleaded as a party has been withdrawn by the appellant-Government.
3. We have heard the petitioner and the learned Advocate-General on the point an I have carefully examined the petitioner's petition, the relief claimed therein and the subject-matter in dispute in the appeal led Azad Government v. Jammu and Kashmir Tehrik-e-Ammal Party and others. The petitioner was not a party in the above-titled case at any tag of its proceedings. Besides the relief claimed by the petitioner, listed in his petition, is totally alien to the subject-matter in dispute in the case in which he wished to be impleaded as a party and which has already been withdrawn by the Government. This Court indeed has very vast powers but those powers available under section 42- A read with Order XLIlI, rule 5 of the Supreme Court Rules are only to be exercised within the realm of jurisdiction conferred on this Court by the Constitution. Section 42, subsections (10), (11) and (12) of the Interim Constitution Act are the relevant provisions relating to the jurisdiction and the mode of its exercise. The powers under section 42-A of the Constitution though very vast, are, however, to be exercised, as already listed above, within the realm of the jurisdiction made available to this Court. To entertain this application, we believe, may amount to exercise a jurisdiction not conferred on this Court under section 42, subsections (10), (11) and (12) of the Azad Jammu and Kashmir Interim Constitution Act, 1974, ' For the aforestated reasons the petition having no substance does not merit consideration. It stands dismissed with costs.