PESHAWAR, Sept 5: The Peshawar High Court on Tuesday declared illegal the convening of Dera Ismail Khan district council session by its secretary for deciding a motion of no-confidence against the nazim.

A bench comprising Justice Saleem Khan and Justice Jehanzeb Raheem allowed a writ petition filed by Nazim Mukhtar Ahmad Khan and set aside the notice issued by the council’s secretary on Aug 11 whereby the session was convened on Aug 17.

It observed that under the law the session for deciding a no-confidence motion could only be called by the convener of the council.

The bench, however, observed that the proposer and seconder of the motion could move a fresh motion in accordance with the law.

The high court had on Aug 16 restrained the authorities concerned from holding the session.

The petitioner had challenged the motion tabled against him on Aug 11 by two members and convening of the council session by the secretary.

Advocate Qazi Mohammad Anwer appeared for the petitioner and argued that the convening of the session by the secretary was without lawful authority. He argued that under Section 24 of the NWFP Local Government Ordinance, 2001, the session for deciding a motion of recall of the nazim could only be convened by the district naib nazim.

Mr Anwer pointed out that the secretary had mentioned in his notice that he had convened the session with the approval of the naib nazim. He said the notice had to be issued by the naib nazim.

He argued that the motion was against Section 24 of the ordinance.

Mr Mukhtar had last year defeated Maulana Obaidur Rehman, brother of Jamiat Ulema-i-Islam chief Maulana Fazlur Rehman, in the election of district nazim. He stated that hurdles were created in his way from the beginning.

Barrister Masood Kausar appeared for the secretary and the mover of the motion and argued that it was the legal right of the councillors to move the no-confidence motion against the nazim. He said the secretary was responsible for the secretariat and the motion had been rightly submitted with him.