PESHAWAR: PHC stays district council session on no-trust motion
PESHAWAR, Aug 16: The Peshawar High Court on Wednesday stayed a session of the Dera Ismail Khan District Council convened by the council’s secretary to decide a no-confidence motion against District Nazim Mohammad Mukhtar Ahmad Khan.
A bench of the court, comprising Chief Justice Tariq Pervez Khan and Dost Mohammad Khan, also sought comments in a fortnight from respondents, including the provincial government, Chief Election Commissioner and the district naib nazim.
The bench was hearing a writ petition filed by the district nazim challenging the no-confidence motion tabled against him on August 11 by two members and the convening of the session by the secretary on August 17.
Qazi Mohammad Anwer appeared for the petitioner.
The petitioner’s argued that the convening of the session by the council’s secretary was illegal and without lawful authority.
The counsel said that under section 24 of the NWFP Local Government Ordinance, 2001, the session for deciding a motion of recall of the nazim could only be convened by the district naib nazim.
He pointed out that the secretary had mentioned in his notice that he was convening the session with the approval of the naib nazim. He maintained that the notice had to be issued by the naib nazim.
The counsel requested the court to declare the notice issued by the secretary illegal.
He argued that the no-confidence motion submitted against the petitioner was illegal and against section 24 of Local Government Ordinance, 2001.
The petitioner requested the court to declare that interference by the provincial government in affairs of the Dera Ismail Khan District Council was improper and unjust.
He requested the court to issue orders to the provincial government to stop interfering in the affairs of the Dera Ismail Khan District district government.—Bureau