KARACHI, Aug 2: The Sindh High Court stayed on Wednesday balloting for the office of naib nazim of the Larkana district scheduled to be held on Thursday.

The order was passed by a division bench comprising Justices Sarmad Jalal Osmany and Maqbool Baqar on an amended petition moved by Munawar Ali Abro, who has challenged his ouster by a vote of no-confidence adopted by the district council in his absence on July 8 through Advocates Nuruddin Sarki and Syed Ghulam Shah. The Election Commission announced a by-election schedule following information received from the provincial local government department and balloting was due on August 3 after receipt of nomination papers and finalization of the list of candidates.

The bench noted that the impugned no-trust motion was admittedly carried in the absence of the petitioner on July 8 while he was on leave of absence from July 3 to July 11. Under Section 47 (7) of the Sindh Local Government Ordinance, the petitioner was entitled to answer the allegation leveled against him in the no-confidence motion. He was thus denied the opportunity of hearing and was condemned unheard.

The bench also noted that under Section 42 (5) of the SLGO a panel of presiding officers was to be elected to preside over the district council sessions in the absence of naib nazim or when a motion against him was being considered by the house. No such election could be held though a resolution naming the panel was pending consideration. Thus the July 8 session that carried the no-trust move was not chaired by a presiding officer elected for the purpose.

Passing the interim restraint order, the bench directed that notices to all the respondents, including the district nazim, the Election Commission, the member who chaired the July 8 meeting (Badruddin Abbasi), the provincial local government department and the district co-ordination officer of Larkana be issued for Aug 8 for regular hearing of the petition.

The petitioner has also alleged that five union council nazims, who are ex-officio members of the district council, were sanctioned hefty grants to wean them away from him. About 30 members of the council were taken away to Quetta in a coaster for ‘a pleasure trip’ and brought to Larkana on July 8 to ensure their participation in the no-trust vote. Of the 63 members of the house, 34 are said to have voted against him.