HYDERABAD, Sept 4: A division bench of the Sindh High Court, Hyderabad, on Wednesday held that the notice on the basis of which a no-confidence motion was tabled against the Nazim of union council-2, Mirpurkhas city, was defective as allegations levelled therein were vague.

Union council-2 Nazim Yawar Ali had filed the constitutional petition, challenging the no-confidence motion passed against him.

The bench, comprising Justice Mohammad Roshan Esani and Justice Ameer Hani Muslim, observed that no specific instances were mentioned in the notice issued to the Nazim which could warrant initiation of the no-confidence motion.

The court directed the respondent union council and the DCO of Mirpurkhas to move a motion against the petitioner, if they desired, in the light of principles enunciated in the verdict of the bench given on Aug 21 in the case of Naib Nazim of union council-2, Qasimabad, Saifullah Memon. The court had restored the Nazim in his post and had held that the resolution adopted by the UC against him, and the subsequent notification, was passed in violation of provisions of sections 89 and 92 of the Sindh Local Government Ordinance, 2001.

Petitioner Ali said two members of the union council-2 had moved the no-confidence motion against him and the Naib Nazim had fixed July 22 for voting but no notice was given to him.

He said the voting on the motion was held in an unfair manner and described the meeting illegal.

He said the Nazim of the Mirpurkhas district had asked the DCO not to allow him to function as the Nazim by issuing a notification to this effect.

He prayed the court to declare the proceedings of the July 22 meeting illegal and declare that he was still the Nazim of the union council.