PESHAWAR: The Peshawar High Court has rejected a petition seeking contempt proceedings against the local government secretary for not handing over office and official vehicle to Mardan city’s mayor despite the court’s order.

A bench consisting of Justice Lal Jan Khattak and Justice Shahid Khan turned down the plea of Mardan mayor Himayatullah Mayar after advocate general Shumail Ahmad Butt informed it that the petitioner had been provided with an office and official vehicle as directed by the court on March 17 but he was reluctant to accept them and wanted the office and vehicle used by the former district nazim.

The petitioner had claimed that moveable and immovable properties were required by the law to be handed over to the Mardan city government but that had so far not taken place.

“Under the law, the government is bound to order transferring of moveable and immovable properties, assets and staff of the former district governments to the respective tehsil governments,” he said.

AG insists Mardan mayor not accepting office, vehicle given to him in line with court order

Rejecting the petition, the bench observed that if the mayor had any dispute over provision of official vehicle or office, he could file another petition with it.

Local government secretary Zaheerul Islam and Mardan deputy commissioner Habibullah Arif also attended the hearing.

The petitioner’s counsel said in March this year, the high court had ordered the government to hand over assets of the former district governments to tehsil governments.

He said the provincial government had produced a notification claiming that all ‘assets’ of local councils had been handed over to the respective local governments, but the notification hadn’t been implemented.

The lawyer said the city council’s offices had been occupied by the district administration as well as the chairman of the district development advisory committee due to which the mayor had not been given his office.

He claimed that the vehicles, which should be in the possession of the mayor, had been given to the administrative officers.

The lawyer said under Section 121-A(1) of the KP Local Government Act, 2013, the petitioner was entitled to be handed over the movable and immovable properties, assets, staff, rights and liabilities of the then district government.

Advocate general Shumail Ahmad Butt and additional advocate general Babar Shehzad Imran rebutted his arguments contending that the court’s judgement had been fully implemented.

The AG said the petitioner had been provided with a Suzuki Vitara vehicle and an office but he was unhappy with it.

He added that the government had also offered him that an office would be setup for him on the same premises where he had been demanding, but he was adamant that he should be provided the office which was in use of the District Development Advisory Committee’s chairman.

Mr Butt said the petitioner wanted the vehicle and office given to the former district nazim.

He said there were several tehsil councils in Mardan, including the city council, and the properties of former district government had to be distributed among all tehsil councils.

The AG requested the bench to dismiss the petition as the respondents had not committed any contempt of this court.

Published in Dawn, July 28th, 2022