PESHAWAR: A Peshawar High Court bench has issued a stay order suspending a recent decision of the Khyber Pakhtunkhwa Local Government Commission to shelve the 2016-17 annual development programme (ADP) schemes for Karak district.

Chief Justice Yahya Afridi and Justice Ijaz Anwar issued the order during the hearing into a petition jointly filed by Karak district nazim Umar Daraz Khattak and district councillors Intikhab Alam and Abdul Tawab against the LGC’s decision to stop the execution of development schemes approved under the ADP 2016-17 forthwith until further orders.

The bench issued notices to the respondents, including the provincial chief secretary and LGC, seeking their respective explanations on the matter. It later adjourned the next hearing until June 1.

The LGC had begun proceedings against the district nazim on the complaint of Maulana Mirzaqeem, the opposition leader from the Jamiat Ulema-i-Islam-Fazl in the district council, who had levelled the allegations of irregularities against him.

Following the LGC’s decision, a letter was issued by the local government and rural development department’s director general, in his capacity as the LGC secretary, on May 4 addressed to the Karak deputy commissioner informing him about the decision of the commission.

Asks chief secy, LGC for explanation on the matter

The deputy commissioner had accordingly issued a letter on May 5 and affirmed the ban on ongoing development schemes.

Respondents in the petition are the KP government through chief secretary, local government commission through its secretary, director general of the local government department, commissioner of Kohat division, and deputy commissioner of Karak.

Shumail Ahmad Butt, lawyer for the petitioner, said the district nazim belonging to the Pakistan Tehreek-i-Insaf had been carrying out his responsibilities as the head of the district government staunchly in accordance with the Khyber Pakhtunkhwa Local Government Act, 2013.

He said the nazim got approved the budget of Karak district government for the fiscal year 2016-17 from the district council on July 25, 2016 and the entire opposition headed by Maulana Mirzaqeem had duly participated in the proceedings.

The lawyer said a total budget of Rs4.281 billion was approved for the district government of Karak and out of the amount, the council approved a development budget of Rs451.436 million as the development budget.

He said the council had allowed the district government development committee (DGDC) and district government to identify development schemes and accordingly execute and implement the development budget.

Mr Butt said after rigorous sanction mechanism, the schemes approved by the relevant quarters were duly advertised in print media before being given to the lowest bidders for execution in line with the Khyber Pakhtunkhwa Public Procurement Rules, 2014.

Work is under way on most schemes with contractors showing good progress.

He claimed opposition leader Maulana Mirzaqeem wanted the execution of some schemes to serve personal interests but on refusal by the district nazim and relevant committee, he approached the LGC with an allegation of irregularities in ADP 2016-17 for Karak district.

The lawyer said while the LGC had no authority to interfere in the issue, the impugned letter was issued by director general local government department conveying the decision of the commission to the deputy commissioner Karak.

He said the placement of ban on execution of development schemes by the LGC was utterly out of place and without jurisdiction and lawful authority.

Mr Butt added that under Section 55 of the KPLGA, the LGC was merely a body mandated to carry out inspections and inquiries and at best it was an advisory or recommendatory body, with no powers to make any direct or indirect orders.

He added that it was the chief minister of the province whom such advice could be rendered.

Published in Dawn, May 13th, 2017