PESHAWAR: Peshawar capital metropolitan mayor and three tehsil chairmen have challenged in Peshawar High Court a recent provincial government’s notification of withdrawing financial powers of local council representatives.

They have requested the high court to declare as illegal and unconstitutional the impugned notification issued on July 12 by the secretary of local government department.

They have also sought interim relief, requesting the court that till final disposal of their petition the impugned notification may be suspended.

The petition is jointly filed by the mayor of capital metropolitan, Haji Zubair Ali, and chairmen of Pishtakhara tehsil (Peshawar), Shah Alam tehsil (Peshawar) and Landi Kotal tehsil (Khyber), Haroon Siffat, Kalimullah and Shah Khalid, respectively.

Petitioners want notification of provincial govt declared illegal

The respondents in the petition are provincial government through its chief secretary, Local Council Board chairman and secretaries of local government, finance, establishment and law departments.

The petition filed through Advocate Mohammad Farooq Afridi provides that Article 32 of Constitution envisages setting up of local government institutions composed of elected representatives.

The petitioners stated that through the Constitution (Eighteenth Amendment) Act, 2010, Article 140-A was inserted into the Constitution of Pakistan, which provided that

each province should by law establish a local government system and devolve political, administrative and financial responsibility and authority to elected representatives of local government.

They said that provincial government enacted KP Local Government Act, 2013, to regulate local government institutions in the province. They said that from time-to-time the government introduced changes to the said law through Acts of the provincial assembly.

They contended that administrative and financial powers were entrusted on elected representatives of local government in KP Local Government Act (KPLGA).

They stated that local government polls were held in December 2021 after which petitioner Haji Zubair assumed charge as mayor of

capital metropolitan, whereas the three other petitioners were also elected as chairmen of their respective tehsils.

They stated that Local Council Board was a semi-autonomous body created under Local Government Ordinance, 1979, for managing matters related to tehsil municipal administration (TMA).

They added that the core functions of LCB was to cater for services including appointments, promotions, postings and transfers, pensions etc of staff.

The petitioners said that the respondents including the secretary of local government targeted the local government system by issuing

the impugned notification whereby financial powers of the elected representative were withdrawn and handed over to the secretary of local council board.

They stated that in impugned notification, it was mentioned that the decision was taken after approval was given by LCB in its meeting on July 5. They contended that the said meeting by the board was illegal and without lawful authority as it had exceeded its powers.

The petitioners said that the mala fide of local government secretary was evident from the fact that he entrusted the powers to secretary of LCB, his subordinate officer. They contended that the notification was in conflict with Article 140-A of Constitution.

The petitioners questioned whether the devolved financial powers could be withdrawn through a notification without amending KPLGA. They further questioned as to how elected representatives would perform their statutory duty after curtailing their financial powers.

They said that the impugned notification was nothing but a mockery of law.

Published in Dawn, July 22nd, 2024