HYDERABAD, Nov 2: The Hyderabad circuit bench of the Sindh High Court on Wednesday suspended a notification issued by chief election commissioner unseating two general councillors of union council Faqir Nooh Hothiani of Matiari after an internal recall motion against the UC’s nazim proposed and seconded by them purportedly failed.

The court issued notices to the UC nazim of Faqkir Nooh Hothiani, provincial election commissioner, chief election commissioner, returning officer of the UC and local government department to file their comments by November 7 with regard to unseating Atta Mohammad Shoro and Talib Ali Khaskheli.

Mr Shoro, a Muslim general councillor, tabled a recall motion which was seconded by Mr Khaskheli charging that the UC nazim had committed gross misappropriation in the funds, indulged in nepotism and acted against public policy.

Mr Shoro’s lawyer said that the motion was submitted to the UC’s naib nazim and eight members cast votes in its favour at the session convened on October 3 by returning officer (RO) but on the contrary the RO observed in his report that the motion had failed wrongly arguing that the two third majority did not vote in favour of the motion, which came to nine out of 13.

In the light of this report, the chief election commissioner (CEC) issued a notification on October 10, which said that since the recall motion had failed the petitioners, Mr Khaskheli and Mr Shoro, stood unseated.

He said that according to section 89 of Sindh Local Government Ordinance 2001, all the decisions of the UC should be taken by resolutions passed by a simple majority. Seven members made simple majority in this case while eight members had voted in favour of the motion but the RO did not consider it.

According to sub-section five of section 89 of SLGO the UC’s quorum should be 51 per cent of its total membership which was equivalent to the strength of seven members but the RO said that the motion did not succeed, he contended.

He said that the CEC issued a notification on a report which was not according to the scheme of SLGO 2001 and was thus against the law. The petitioner was an aggrieved person within the ambit of article 199 of the constitution because his constitutional rights had been infringed upon, he said.

He requested that the court should set aside the RO’s report and declare it illegal, declare the notification dated October 10 as null and void and restrain UC nazim from conducting affairs of UC Fakir Nooh Hothiani till the disposal of petition.