PESHAWAR: The recently passed budget of Dera Ismail Khan district council for fiscal 2016-17 was challenged before the Peshawar High Court on Saturday by 27 members of the council, stating that the budget was not passed by majority of the total members, which was a requirement of the relevant law.
A joint writ petition was filed by these councillors 16 of whom belong to Jamiat Ulema-i-Islam-Fazl and 11 hail from the Pakistan Peoples Party, Awami National Party and Jamaat-i-Islami.
The petitioners, including Syed Mohammad Ali Sheerani and others, have urged the high court to declare unlawful and void the budget passed for the fiscal year 2016-17 by the DI Khan district nazim belonging to Pakistan Tehreek-i-Insaf.
27 councillors claim budget was not passed by majority
They requested the court to declare that as consequent of unlawful passage of the budget the district nazim had lost the confidence of the council and he was not eligible to hold the office of nazim.
The petition was filed through advocate Mohammad Muazam Butt whereas respondents in the case include provincial government through secretary local government; Khyber Pakhtunkhwa governor through his secretary; provincial law secretary; DI Khan district nazim Azeezullah Khan Alizai; and naib nazim Ismail Baloch.
The petitioners stated that under the KP Local Government Act 2013 the district nazim needed a minimum of 38 votes in the house of 74 in his favour to pass the budget. They stated that the budget session convened on Aug 2 was attended by 51 members of whom 16 members represented JUI-F and all of them voted against the budget.
They stated that of the 52 members one was an independent member who had also cast his vote against the budget. Moreover, they stated that members of PPP, JI and ANP had also not voted in favour of the budget.
The petitioners claimed that of 52 in attendance 19 votes were cast against the budget whereas of the remaining 33 the vote of the naib nazim could not be counted as he was convener of the session. Hence the total number of votes in favour of the budget was 32 whereas the district nazim needed 38 votes, they said.
The petitioners stated that PTI MPA Samiullah Alizai, who was the brother-in-law and first cousin of the district nazim, was also in attendance and was influencing the budget proceedings.
Meanwhile, 12 councillors of PTI also filed a writ petition in the high court claiming that they had not attended the budget session on Aug 2, but their names were entered in the register of attendance. These petitioners, including Inamul Haq, Saifullah and others, have requested the court to declare that showing them in attendance by the district nazim was unlawful and mala fide and any such entry in the register of attendance maintained by the office of the nazim in respect of budget session may consequently be declared as fraudulent.
Published in Dawn, August 7th, 2016
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