PESHAWAR, Sept 3: A two-member bench of the Peshawar High Court has suspended a notification issued to the district Naib Nazim, Malakand, and directed a union Nazim of the area not to perform his duties till the next order is issued.

The bench, comprising Justice Tariq Pervez and Justice Shehzad Akber Khan, admitted a writ petition filed by an officiating Nazim, Muhammad Yousaf, challenging the issuance of a notification by the district Naib Nazim, Syed Ahmad Ali, according to which another person Yaqoob Khan was declared the union Nazim in place of the officiating Nazim.

The bench also issued a notice to the district government.

Giving out details, the petitioner stated that the elected Nazim of the union council Usmankhel, Muhammad Raziq, had resigned from his post as he was contesting the general elections. As a result, a meeting of the union council was convened by the union Naib Nazim, Fazal Raziq, on April 24 in which the petitioner, Muhammad Yousaf was elected as the officiating union Nazim. In this regard, a letter was sent to the district coordination officer (DCO), requesting him to issue a notification that Mr Yousaf had been elected. However, no notification was issued by the DCO.

The petitioner said the assistant coordination officer (ACO) convened a meeting on August 18. In the light of that meeting the district Naib Nazim issued a notification for the appointment of Yaqoob Shah as union Nazim, ignoring the fact that the petitioner had been elected earlier on.

Advocate Lateef Afridi appeared for the petitioner and argued that the district Naib Nazim had no powers to issue a notification for appointing a union Nazim. He contended that as the petitioner was elected a union Nazim, no new Nazim could be appointed till he was removed.

Mr Afridi stated that neither the election of the  petitioner as union Nazim was challenged before any court nor any motion was moved for his removal.