PESHAWAR, Aug 11: The Peshawar High Court on Thursday issued notice to the provincial Auqaf department in a writ petition challenging the candidature of a khateeb, an employee of the department, for nazim of a union council.

A two-member bench comprising Justice Qaim Jan Khan and Justice Saleem Khan directed the Auqaf department to clarify on Aug 16 whether a khateeb appointed on a provisional basis could fall in the definition of civil servant. The petition has been filed by Noor Rehman, a candidate for nazim of the union council Wazirbagh of the Peshawar district, challenging the candidature of Abdul Rauf Jan, a leader of Jamiat Ulema-i-Islam. Mr Jan had contested the 2002 general elections for a provincial assembly seat.

The petitioner said that Mr Jan had been serving in the Auqaf department as a khateeb and had been drawing salary from there.

Advocate Abdul Lateef Afridi appeared for the petitioner and contended that under section 152(1)(g) of the NWFP Local Government Ordinance, 2001, a person was qualified to contest polls if he was not in the service of the federal, provincial or a local government.

He said that under the Civil Servants Rules Mr Jan was a civil servant and thus was not entitled to contest the election.

The returning officer had erred in accepting Mr Jan’s nomination papers, he added.

Mr Jan told the court that he was appointed as a khateeb on a provisional basis, adding that under the law service on the provisional basis did not amount to civil service. The bench then decided to put the Auqaf department on notice to know its point of view on the issue.