PESHAWAR, Oct 10: The Peshawar High Court on Tuesday stayed the polls for the office of Dera Ismail Khan district nazim scheduled for Oct 30.

A bench comprising Justice Shahjehan Khan Yousafzai and Justice Jehanzeb Raheem suspended a notification issued by the Election Commission on the holding of the elections.

The seat has fallen vacant after a no-trust motion against the elected nazim, Mukhtar Ahmad Khan, was passed by the council on Sep 11.

The bench was hearing an application filed by the provincial government, requesting it to vacate a stay order earlier issued in favour of Mr Khan.

Mr Khan has filed a petition in the court, challenging his removal by the council. On Sept 19 the court restrained the Election Commission from conducting any proceedings on the nazim seat.

Mr Khan has claimed in his petition that the Muttahida Majlis-i-Amal’s provincial government had forced the council members to give written undertakings wherein they had sworn that their wives would stand divorced in case they voted in favour of Mr Khan.

The petitioner has produced such an undertaking by one of the members.

Barrister Masood Kausar appeared for the government and requested the court to vacate the earlier restraining order. He argued that due to that order, acting nazim Haji Rasheed could not exercise any powers.

Advocate Qazi Muhammad Anwer appeared for Mr Khan and argued that the main petition would be taken up for hearing by a bench in Dera Ismail Khan.

He told the court that despite its restraining order, the Election Commission had issued a notification for holding the polls. He contended that the commission had violated the court order and requested it to suspend the notification.

Mr Khan was elected the district nazim by defeating Maulana Obaidur Rehman, the brother of opposition leader in the National Assembly Maulana Fazlur Rehman.

Mr Khan alleged that another brother of Mr Rehman, Lutfur Rehman MPA had influenced the council members and received written undertakings from them during the no-confidence move.

About 45 of the total 66 members of the council had voted against the petitioner.

He stated that vote was a sacred trust and it should be exercised without any pressure and duress. He added that the provincial government had violated the law and the sanctity of vote by putting conditions to the members.