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Today's Paper | November 28, 2024

Published 01 May, 2003 12:00am

PESHAWAR: PHC stays election

PESHAWAR, April 30: A two-member bench of the Peshawar High Court stayed on Tuesday the election for electing the Nazim of the Amankot union council, Nowshera district.

The bench also admitted a petition challenging the removal of the union Nazim, Mr Iftikhar Ali, by the DCO Nowshehra.

The bench directed the DCO not to conduct elections for electing Nazim of the Amankot union council till the final disposal of the writ petition.

Advocate Lateef Afridi appeared for the petitioner and argued that proper procedure given in the NWFP Local Government Ordinance 2001 was not followed for removing his client the petitioner from the post of union Nazim.

The petitioner claimed that on April 18 some members of the union council passed a resolution against him for removing him from the said post. He said on the same day the DCO issued a notification for his removal without fulfilling the legal requirement.

The petitioner claimed that under section 85(4) of the ordinance a Nazim could be removed only if a resolution “is passed by majority of the total members” through secret ballot. He added that the mechanism of “show of hand” could not be adopted for removal of a Nazim.

He prayed to court to declare the notification issued by the DCO illegal and against the Local Government Ordinance 2001.

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