PESHAWAR, Aug 22: A two-member bench of the Peshawar High Court on Thursday issued a notice to the NWFP advocate-general to appear before the court on Friday to comment on two writ petitions challenging the resignation condition for local councils’ Nazimeen and Naib Nazimeen before filing nomination papers for the October general election.

The petitioners —Karak district Naib Nazim Malik Qasim and Hangu Union Nazim Amanullah Khan — have stated that section 158 of the NWFP Local Government Ordinance, 2001, placing bar on contesting polls by Nazimeen and Naib nazimeen while holding the posts, was violative to article 223 of the constitution and the Representation of People’s Act 1976.

They have prayed to the court to declare that section 158 of the ordinance was in conflict with article 223 of the constitution and that its incorporation in the law was in excess of the powers of the governor.

The bench, comprising Justice Khalida Rachied and Justice Shehzad Akber Khan, directed the provincial government to file comments within three days.

The petitioners’ counsel, Abdul Hakeem Kundi and Abdul Lateef Afridi, argued that through a provincial law, restrictions could not be placed on issues pertaining to a federal statute.

They maintained that the NWFP Local Government Ordinance was a provincial law and it only pertained to the local councils.

They added that through that law, bar could only be placed on dual membership in local governments.

They stated that the general elections were governed by the Representation of People’s Act and could not be covered through the provincial law. They contended that a federal statute had overriding effect over a provincial law.

Both the petitioners referred to article 223 of the constitution, dealing with double membership of a member, stating that a political office holder could contest polls for other offices provided that he relinquishes one of the posts after elections.