PESHAWAR: The Peshawar High Court on Friday put on notice the Khyber Pakhtunkhwa advocate general asking him to assist the court in a writ petition filed by Awami National Party’s parliamentary leader Sardar Hussain Babak and challenging several sections of the local government law.

A two-member bench of the court comprising Justice Roohul Amin Khan and Justice Lal Jan Khattak observed that being the principal law officer of the province it would be appropriate to hear the advocate general on the points raised by the petitioner.

The court again sought comments from the respondents, including the provincial government through chief secretary and the provincial secretary of local governments, in reply to the petition. Next date for hearing would be fixed later.

Advocates Abdul Lateef Afridi and Khushdil Khan appeared for the petitioner and contended that holding of village and neighborhood councils’ elections on non-party basis might be declared unconstitutional as it would pave way for horse-trading. They contended that it was beyond understanding that the elections of district and tehsil councils would be held on party basis and that of village and neighborhood councils on non-party basis.

They stated that the political parties would contest elections through party symbols in tehsil and district elections while they would be barred from taking part in village and neighbourhood councils’ election on party basis which was against the law, democratic norms and justice.

Additional advocate general Waqar Ahmad Khan appeared for the provincial government and contended that advocate general Abdul Lateef Yousafzai was busy in other cases due to which he could not turn up. The bench observed that as the petition was of important nature, notice would be issued to the AG to appear in person.

The petitioner has challenged the creation of village and neighbourhood councils, stating that the creation of such councils would exert unbearable economic burden on the already financially weak local councils.

He has also challenged the provision which empowered the chief minister to suspend a nazim of a local council, contending that the said powers should vest with the body which was empowered to elect a nazim.

Meanwhile, another bench comprising Justice Mrs Irshad Qaiser and Justice Ikramullah Khan suspended an order of the provincial government regarding the removal of chairman of Peshawar Board of Technical Education and sought comments from the secretary industries within a fortnight.

The bench was hearing a writ petition filed by the former chairman, Nasir Ali Khan, stating that he was serving in the higher education department and appointed chairman for three-year term on contract by the government on Nov 20, 2010.

Advocate Danyal Asad appeared for the petitioner and contended that due to his performance the tenure of the petitioner was extended for two years on Nov 4, 2013. However, he stated that the secretary industries abruptly cancelled his contract on Jan 17, 2014. He stated that the post had still been lying vacant and the secretary had assumed additional charge of the chairman, which showed mala fide intention on his part.