PESHAWAR, Aug 15: The Peshawar High Court on Monday ruled that a candidate for the post of union council nazim could withdraw his nomination papers only in conjunction with his partner for the post of naib nazim.
A two-member bench comprising Justice Ijazul Hassan and Justice Ijaz Afzal dismissed a writ petition filed by a candidate for nazim of union council Lalozai (Bannu), Mir Yaqub, seeking withdrawal of his papers without the consent of the naib nazim candidate, Malik Payo Zaman.
Under the NWFP Local Government Elections Ordinance, 2001, candidates for the posts of nazim and naib nazim contest as joint candidates.
The bench pronounced the short order after completion of arguments by Advocate-General Muhammad Younas Tanoli, the petitioner’s counsel Syed Zafar Abbas Zaidi and Habib Qureshi, the counsel for respondent Malik Payo Zaman.
Mir Yaqub and Malik Zaman had filed nominations as joint candidates for nazim and naib nazim, respectively. After the last date for withdrawal of papers had passed, the petitioner filed an application with the returning officer for withdrawal of his papers.
His application was rejected by the returning officer and later also by the district returning officer.
His lawyer argued that the petitioner had the right to withdraw his papers even if the candidate for naib nazim was not willing to do so. He contended that the naib nazim could contest the poll even if the joint candidate for the post of nazim withdrew his paper. He said that due to advance age it was not physically possible for the petitioner to contest the poll.
The advocate-general contended that the naib nazim could contest alone if his joint candidate withdrew his papers.
Lawyer Habib Qureshi, representing the candidate for naib nazim, argued that the two could contest as joint candidates and none of them could separately withdraw his papers.
He argued that under Rule 16 of the Local Government Rules, the candidates of nazim and naib nazim could only jointly withdraw their papers.
INTERIM RELIEF: Meanwhile, the bench granted interim relief to a candidate for the post of a UC nazim and allowed him to contest the election.
The nomination papers of the petitioner, Bukht Alam, contesting in union council Shringal (Upper Dir), were rejected on the grounds that he possessed a sanad he had got from Darul Uloom Haqqania. Senator Maulana Samiul Haq ran the seminary.
Mr Alam’s rival candidate, Bacha Salih, has already been declared elected unopposed.
The petitioner claimed that opposition leader Maulana Fazlur Rehman was his class fellow who on the basis of the same sanad was a member of the National Assembly.
Advocate Atif Ali Khan appeared for the petitioner and argued that the sanad issued by Darul Uloom Haqqania was valid as the seminary was affiliated with Wafaqul Madaris.
The bench also dismissed a writ petition seeking disqualification of a candidate for the post of a UC nazim on the grounds that he had remained chairman of the district Zakat committee.
The petition was filed by Malik Niaz Muhammad against the rival panel of Sameen Jan. Malik Niaz claimed that as Mr Jan had remained chairman of the Zakat committee, therefore he was not qualified to contest polls.
Mr Jan’s counsel stated that chairmanship of the zakat committee could not be included in the definition of civil servant.
