PESHAWAR: The Peshawar High Court has summoned the provincial local government secretary and Mardan’s deputy commissioner over a contempt petition accusing them of not handing over assets to the Mardan city government despite the court’s order.

A bench consisting of Justice Musarrat Hilali and Justice Mohammad Ibrahim Khan ordered the two officers to appear before it on June 30 and respond to the petition filed by Mardan mayor Himayatullah Mayar.

The petitioner claimed that moveable and immovable properties of the city council had not been handed over to the local government.

Advocate Babar Khan Yousafzai appeared for the petitioner and said in March this year, the high court had ordered the government to hand over assets of the former district governments to tehsil governments.

PHC asks them to respond to mayor’s assets ‘denial’ allegation

He said the government had produced a notification claiming that all assets of local councils had been handed over to the local governments.

The lawyer, however, contended that the notification had not been implemented.

He said the concerned offices of the city council had been occupied by district administration as well as chairman of the DDAC (District Development Advisory Committee), due to which the mayor had not been provided his office.

Mr Yousafzai claimed that the vehicles which should be under the control of the mayor had been given to the assistant commissioners and additional assistant commissioners.

He pointed out that his client had earlier filed a petition seeking multiple reliefs.

The counsel said that the main prayer of the petitioner to the court was to issue directives to the KP government and Election Commission of Pakistan to administer oath to the chairmen and members elected during first phase of local government elections in 17 districts in the province on Dec 19, 2021.

He said during the pendency of that petition, the elected chairmen/mayors and members of the tehsil councils and village/neighbourhood councils, respectively, had been administered oaths on Mar 15.

Mr Yousafzai said that the other two prayers of the petitioner were: To issue directive to the government to notify assumption of their respective offices by the chairmen and members and to order handing over of the movable and immovable properties, assets, staff, rights and liabilities of the then district governments to respective tehsil governments.

He said that the court had then order on March 17 to issue the required notification within 10 days for handing over assets to the newly elected councils.

The lawyer said that under the law, the government was bound to order transferring of moveable and immovable properties, assets and staff of the former district governments to the respective tehsil governments.

He added that the respective officers were reluctant to implement the earlier order of the court and had not been handing over assets to the Mardan city council and the petitioner.

Mr Yousafzai contended that the relevant officers had been committing contempt of the court and therefore, they were liable to be prosecuted.

He wondered where his would sit to perform duties if the government didn’t transfer properties to his government.

The lawyer said under Section 121-A(1) of the KP Local Government Act, 2013, the petitioner was entitled to be handed over the movable and immovable properties, assets, staff, rights and liabilities of the then district government.

Published in Dawn,June 17th, 2022