PESHAWAR: After declaring it illegal, a Peshawar High Court bench on Thursday set aside the decision of the Khyber Pakhtunkhwa Local Government Commission (LGC) to suspend the execution of the 2016-17 annual development programme schemes for Karak district.

Disposing of a petition jointly filed by Karak district nazim Umar Daraz Khattak and district councillors Intikhab Alam and Abdul Tawab, Chief Justice Yahya Afridi and Justice Ijaz Anwar asked the government to send the recommendations of the LGC on the schemes to the chief minister for a decision in seven days.

The petitioners had challenged the LGC’s decision to stop the execution of development schemes approved under the ADP 2016-17 forthwith until further orders.

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

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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 to the Karak deputy commissioner informing him about the commission’s decision.

The deputy commissioner had accordingly issued a letter on May 5 affirming the ban on development schemes in Karak.

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

The petitioners’ lawyer, Shumail Ahmad Butt, said the district nazim belonging to the Pakistan Tehreek-i-Insaf had been carrying out his responsibilities as the head of the district government 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 that all opposition members led by Maulana Mirzageem had actively 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.

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.

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

He said the LGC ban on development schemes 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.

Additional advocate general Waqar Ahmad Khan said the LGC could only refer its recommendations to the chief minister, who was the competent forum under the Local Government Act, 2013, to take any action in that regard.

The lawyer for the opposition leader in the district council said in an arbitrary manner, the nazim had included certain schemes in the ADP, which were not passed by the council.

Published in Dawn, June 2nd, 2017