PESHAWAR: Peshawar High Court on Wednesday gave last chance to the provincial government for arguing a set of petitions filed by mayors and chairmen of several tehsil councils, challenging amendments to local government law, especially the provisions related to their powers.
A bench consisting of Justice Ijaz Anwar and Justice Shakeel Ahmad fixed October 31 for next hearing of the matter, observing that the advocate general should appear for arguing it.
The bench was hearing four almost identical petitions filed by heads of several tehsil councils including Mardan city mayor Himayatullah Mayar, Peshawar mayor Haji Zubair and others.
The petitioners have requested the court to declare as unconstitutional KP Local Government (Amendment) Act, 2022, which was enacted by the then Pakistan Tehreek-i-Insaf provincial government last year.
PHC bench fixes Oct 31 for hearing petitions of tehsil mayors
The petitioners have also sought suspension of action on the impugned changes to the law until the final disposal of the case as an interim relief.
An additional advocate general requested the bench for putting off hearing, stating that the advocate general would personally argue the matter. He added that as the AG was busy in other matters so he could not appear on Wednesday.
Petitioners’ counsel Babar Khan Yousafzai stated that government had been using delaying tactics for prolonging the matter. He said that fund had so far not released to local governments for developmental schemes and instead provincial government had been utilising it.
The bench directed the AAG that no more adjournments would be allowed and if the AG could not appear on next date then he himself should prepare the case.
Babar Yousafzai said that KP Local Government Act, 2013, clearly spelled out the powers and functions of mayors of city councils and chairmen of tehsil as well as village and neighbourhood councils in the province, but the impugned amendments to the law removed those provisions and declared that the local body heads would exercise and perform such powers and functions as prescribed by the rules.
He stated that elections of petitioners and other mayors and chairmen of local councils were conducted under KP Local Government Act (KPLGA), 2013, which defined the mode of local government and powers of elected mayors and chairmen.
He pointed out that Section 23(A) of KPLGA defined the powers and functions of chairmen of tehsil local government, whereas Section 25(A) provided the powers and functions of mayor, city local government.
Babar Yousafzai said that provincial government introduced KP Local Government (Amendment) Bill in the assembly with mala fide intentions, while the house passed it on June 3, 2022, and it came into force on June 8, 2022.
He argued that the impugned amendments led to removal of the local body heads’ powers and functions from law and mentioning it in the rules.
In their respective petitions, the petitioners have stated that some other changes had also been made to the law to increase the powers of provincial government in relation to the elected local councils, whereas the powers of local governments had been curtailed.
They said that under Article 140-A of Constitution, each province should by law establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of local governments.
The respondents in the petitions are provincial government through chief secretary and secretaries of local government, law and parliamentary affairs departments.
Published in Dawn, October 19th, 2023
