PESHAWAR: The Peshawar High Court on Friday directed the Khyber Pakhtunkhwa advocate general to respond to a petition challenging a delay in the administration of an oath to the elected chairmen and members of local councils and the handing over of the respective responsibilities to them.

A bench consisting of Justice Syed M Attique Shah and Justice Shakeel Ahmad put the AG on notice asking him to appear before it on March 17 and adjourned the hearing into the petition of Mardan city council mayor-elect Himayatullah Mayar.

The petitioner has requested the court to issue directions to the provincial government and Election Commission of Pakistan for the early swearing of the chairmen and members and notification of the assumption of the respective offices by them.

He also sought orders for the handing over of the movable and immovable properties, assets and employees of the last district governments to the respective elected tehsil governments.

Petition also called for handing over of assets to elected tehsil govts

The respondents in the petition, which was filed through senior advocate Babar Khan Yousafzai, are the provincial government through secretary for the local government and rural development department, ECP through the chief election commissioner, and KP provincial election commissioner.

The petitioner’s counsel, Babar Khan Yousafzai, contended that such illegal acts of the respondents were depriving the general public of the 17 districts, where local government elections were held on Dec 19, of their due right to be represented by their elected representatives.

He said following the holding of the polls, the ECP issued the notification of returned candidates in respect of the first phase of local body elections in 17 districts of the province, including Mardan.

The lawyer said under the rules mentioned in Section 79 (1) of the KP Local Government Act (Amendment), 2019, the term of a local council was four years from the day it held the first meeting.

He added that as per the proviso of the said section, the first meeting should be held not later than 15 days from the day on which the names of its members were notified.

The counsel argued that under Section 80(1) of the amended KP Local Government Act and Rule 78(1) of the KP local governments (conduct of elections) Rules, 2021, every chairman and member should, before taking his seat, should make and subscribe to an oath.

He said the Act had made it binding on the provincial local government secretary to notify the assumption of office by the chairmen and members of local bodies.

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

He added that after the failure of the respondents to ensure his oath-taking, his client had submitted a written application to the chief election commissioner and the provincial election commissioner on Feb 28, 2022, seeking his swearing in under the law.

The counsel said another application was submitted to the provincial government on March 2 to notify the lawful assumption of offices by the local council chairmen and members.

He contended that the respondents despite having clear rules and directives in the statute had failed to ensure the administration of the oath to the new members and chairmen of local councils, assumption of charge by them and handing over of the relevant properties, assets, rights and liabilities to them.

Published in Dawn, March 12th, 2022