PESHAWAR: Peshawar High Court has accepted a set of petitions, filed by mayors and chairmen of several tehsil councils, and declared unconstitutional certain amendments made in the local government law by provincial government in 2022, especially the provisions related to their powers.

A bench consisting of Justice Syed Arshad Ali and Justice Farrah Jamshed pronounced a short order of accepting the petitions after completion of arguments by lawyers representing the petitioners and Khyber Pakhtunkhwa government.

Five almost identical petitions were filed by heads of several tehsil councils including Mardan city mayor Himayatullah Mayar, Peshawar mayor Haji Zubair and others.

The petitioners had requested the court to declare unconstitutional KP Local Government (Amendment) Act, 2022, which was enacted by the previous Pakistan Tehreek-i-Insaf provincial government in 2022.

Accepts pleas of tehsil council heads against amendments related to their powers

Petitioners’ counsel Babar Khan Yousafzai stated 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 rules.

He said 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 government, whereas Section 25(A) provided the powers and functions of mayor, city 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 local body heads’ powers and functions from law and mentioning it in the rules.

Mr Yousafzai stated that some other changes had also been made to the law to increase the powers of provincial government in relation to elected local councils, whereas the powers of local governments had been curtailed.

He argued 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 elected representatives of local governments.

The counsel contended that articles 32 and 37(i) of the Constitution were also aimed at strengthening the local government system.

Referring to different judgements of superior courts, including that of Supreme Court, he said that the court had endorsed the provisions of Constitution’s articles 37(i), 32 and 140-A as a fundamental and constitutional right.

He contended that such ‘illegal’ acts of respondents deprived people of their due right to be represented by their elected representatives.

The additional advocate general, Taimoor Haider, contended that the impugned amendments made in the law were not contrary to the Constitution and had not violated any of the fundamental rights of the petitioners.

He argued that making changes to LG Act was in the legislative competence of provincial assembly. He added that the powers of the petitioners had not been curtailed through the said amendments.

He stated that those petitions were not maintainable and were liable to be dismissed.

Earlier, the caretaker provincial government had in 2023 stated that it had no legal powers to reverse the impugned amendments and it would be up to the elected government to take decision on the matter.

During previous several hearings, government representatives had stated that negotiations had been in progress between local government representatives and government on the issue, therefore, the hearing might be put off.

Respondents in the petitions were provincial government through chief secretary and secretaries of local government, law and parliamentary affairs departments.

Published in Dawn, May 23rd, 2025