PESHAWAR: Peshawar High Court has issued notice to Khyber Pakhtunkhwa government seeking its response to a plea challenging the inclusion of Members of National Assembly (MNAs) in district development advisory committees (DDACs) by amending relevant law.

A bench consisting of Justice Mohammad Naeem Anwar and Justice Kamran Hayat Miankhel issued the order after preliminary hearing of the petition jointly filed by two MPAs of Pakistan Peoples Party Parliamentarian Ahmad Kundi and Ehsanullah Khan, requesting the court to declare as illegal and unconstitutional KP Establishment of District Development Advisory Committee (Amendment) Act, 2024.

The petitioners have also sought interim relief, requesting the court to suspend the impugned amendment till final disposal of the petition.

The respondents in the petition are KP government through its chief secretary and provincial secretaries of law and local government departments.

PPPP lawmakers term inclusion of MNAs in district committees illegal

Advocate Sultan Mohammad Khan appeared for the petitioners and stated that DDAC was an important and vital link in the governance structure, especially for the utilisation of developmental funds in a legal and transparent manner.

He said that DDAC was established and its working was regulated through Khyber Pakhtunkhwa Establishment of District Development Advisory Committees Act of 1989 (DDAC Act). He stated that last year chief minister ordered appointment of chairmen of DDACs in 30 of the districts across the province.

He said that the said 30 chairmen were all MPAs affiliated with the ruling party in the province. He said that in the remaining six districts, the chairmen were not appointed as the elected MPAs in those districts were mostly from opposition parties.

He argued that the present petitioners filed a petition in the high court against the non-appointment of chairmen of DDACs in the said six districts by the provincial government.

The counsel stated that the petitioners sought directives of the court for the government to appoint chairmen of DDACs in the districts of Dera Ismail Khan, North Waziristan, Upper Dir, Upper Chitral, Kurram and Kohistan Lower.

He pointed out that the chief minister then ordered appointment of MNAs as chairmen of DDACs in the said districts, which was also challenged by the petitioners in the high court.

He argued that in order to circumvent and defeat the pray made in that petition, the provincial government passed the impugned Establishment of DDAC (Amendment) Act through its brute majority in the assembly.

He stated that through the said amendment changes were made in Section 3 of DDAC Act and MNAs of the relevant districts were also included in the committees.

He contended that the amendment was in violation of different provisions of the Constitution including articles 66, 126, 141, 142 and 143 along with Fourth Schedule of the Constitution.

Mr Sultan argued that the provincial legislature had gone beyond its powers, functions and jurisdiction under the Constitution by including MNAs in the law. He added that the provincial legislature was not empowered to make a law for the MNAs, who fell under the federal domain.

He contended that being elected public representatives, the petitioners had a genuine cause of action to approach the court to correct the illegalities and discrimination being committed by the respondents.

Published in Dawn, May 2nd, 2025