PESHAWAR: Issuing a stay order, the Peshawar High Court on Friday temporarily stopped the Mardan tehsil municipal administration from proceeding on an e-tender issued to seek bids for multi-million rupees development schemes in the tehsil.

A bench consisting of Justice Ijaz Anwar and Justice Shakeel Ahmad issued notices to the local government secretary and Mardan tehsil municipal officer (TMO) asking them to respond to the petition of ruling PTI’s MPA Mohammad Abdul Salam against that e-tender.

The petitioner insisted that being an elected representative of the area, he should have been consulted about the inclusion of developmental schemes in the exercise.

Local MPA complains TMA didn’t consult him on matter

He also contended that the Election Commission of Pakistan had already announced the schedule for the upcoming local body elections in 17 districts of the province and banned all executive authorities in the centre and province from announcing development projects in those districts, including Mardan.

The petitioner requested the court to issue a stay order against action on the e-tender until the disposal of the petition, saying bids for the purpose are scheduled to be opened on Nov 22.

The court will announce the next hearing date later.

The petitioner’s lawyer,Daris Khan,said his client was elected MPA from the PK-53 Mardan constituency as a candidate of the PTI by defeating rival candidates by a huge margin of votes.

He added that the provincial finance department had sanctioned on Sept 17, 2021, the release of Rs200 million to the Mardan TMA as an additional grant to meet requirements on account of municipal services during the financial year 2021-22.

The counsel said the ECP had issued a notification on Oct 25 for the holding of the first phase of elections for village and neighbourhood councils as well as that of the chairman of tehsil councils in 17 districts of the province.

He added that an advertisement regarding the impugned tender for the ADP schemes valuing Rs200 million was published in a leading Urdu newspaper on Nov 5 seeking bids from registered contractors and firms for various development schemes in Mardan tehsil, including construction of streets, drains and culverts, and installation of water pumps.

The lawyer said development schemes to the tune of Rs97.3 million belonged to his client’s constituency.

He argued that the TMA had published the impugned e-tender in violation of that ECP order and without consulting the petitioner, who was the elected representative of the residents.

Mr Daris argued that being an elected MPA, his client had complete knowledge of the constituency and of the needs of the residents and was in a better position to suggest development schemes in his area.

He contended that the petitioner had approached the respondents, including the TMO, seeking review of the impugned tender, but to no avail.

The counsel contended that by ignoring the local lawmaker, the TMA had been depriving the residents of the PK-53 constituency of their due rights.

The respondents in the petition are the provincial government through chief secretary, secretaries of the local government, finance, and planning and development departments, Mardan TMO, and tehsil municipal administration.

Published in Dawn, November 20th, 2021