PESHAWAR: The Peshawar High Court on Thursday directed the Khyber Pakhtunkhwa government to notify within 10 days the assumption of offices by the chairmen and members of local councils and handing over of the assets of former district governments to the new tehsil ones.

A bench consisting of Justice Musarrat Hilali and Justice Syed M Attique Shah issued the directions while disposing of a petition filed by Mardan city mayor Himayatullah Mayar for the provision of multiple reliefs.

The main prayer of the petitioner was the issuance of orders for the provincial government and Election Commission of Pakistan to administer oath to the tehsil council chairmen and members elected during the first phase of local body elections in 17 districts on Dec 19.

The petition was filed early this month. However, the elected chairmen/mayors and members of tehsil councils and village and neighbourhood councils respectively, were sworn in on March 15.

The petitioner also called for the court’s orders to the government to notify the assumption of their respective offices by the council chairmen and members, and order the handing over of the movable and immovable properties, assets, staff, rights and liabilities of the then district government to the respective tehsil governments.

The petitioner’s counsel, Babar Khan Yousafzai, contended that after the petition was filed, the respondents had administered oaths to the elected council chairmen and members.

He, however, said the government had been delaying action on the other two issues highlighted in the petition.

The lawyer said after the taking of oath, the government had to notify the assumption of offices by the chairmen or mayors and members, but the notification had so far not been issued.

He said under the law, the government was bound to order transferring of movable and immovable properties, assets and staff of the former district governments to the respective tehsil governments.

Mr Yousafzai wondered where the elected chairmen/mayor and members would sit when the government wasn’t transferring properties to the respective tehsil governments.

Additional advocate general Rab Nawaz Khan contended that the government had already administered oath to the tehsil council chairmen and members and would issue the required notification and order the transfer of assets.

The bench wondered how many days the government would take to issue the required notifications. However, the law officer did not specify any date for that purpose.

The bench ordered the issuance of notifications in 10 days.

In lighter vein, the bench observed that it hoped that the notifications would be issued in the given time and the petitioner won’t need file a contempt petition.

The respondents in the petition were the provincial government through the local government secretary, ECP through chief election commissioner, and provincial election commissioner.

Mr Yousafzai contended that under the rules mentioned in the KP Local Government Act (Amendment), 2019, Section 79(1), the term of a local council shall be four years commencing on the date on which it holds the first meeting.

He said the law showed that the first meeting should be held not later than 15 days from the day on which the names of its members were notified.

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

Published in Dawn, March 18th, 2022