PESHAWAR, May 13: A two-member bench of the Peshawar High Court on Tuesday dismissed a writ petition filed by a former union council Nazim of Swabi district, and declared his removal by the union council in accordance with law.

The petitioner, Haji Arsala Khan, who was the Nazim of the Union Council West, Lahor (Swabi district), had challenged his removal by the council and issuance of a notification in this respect by the district coordination officer, Swabi.

The bench, comprising Chief Justice Mian Shakirullah Jan and Justice Qaim Jan Khan, observed that the issuance of a notification by the DCO could not be termed illegal after the petitioner was voted out by the council.

The petitioner claimed that some councillors had moved a no-confidence motion against him after he declined to fulfil their illegal demands. He stated that a meeting was held under the chairmanship of the UC Naib Nazim during which a voting was held on the application.

The petitioner claimed that the DCO issued a notification of his removal and also sent a letter to the secretary of Local Government and Rural Development Department, asking him to notify his removal. He contended that his removal was illegal and against the law as there were no charges against him.

He maintained that under section 85 of the NWFP Local Government Ordinance, 2001, the DCO had to refer the matter to the village council after voting took place on a motion for the removal of the Nazim.