PESHAWAR, June 26: The Peshawar High Court on Thursday put on notice the attorney general for Pakistan on a writ petition of the Kohistan District Nazim and asked him to assist the court on the point as to who is the chief executive of the province — the governor or the chief minister.

The court restrained the special committee of the NWFP Assembly from conducting any proceedings against the petitioner, Maulana Obaidullah, till final decision by the court.

A two-member bench, comprising PHC Chief Justice Mian Shakirullah Jan and Justice Dost Mohammad Khan, pronounced a short order on Thursday.

The bench observed that as important constitutional points were involved in the petition, therefore it would be appropriate to hear the attorney general.

The bench observed that the points raised by the petitioner’s counsel needed consideration and the attorney general should assist the court on them.

Earlier, the bench had reserved its order on Wednesday after completion of arguments by the petitioner’s counsel, Yahya Afridi, and the NWFP Advocate General, Barrister Jehanzeb Raheem.

The court also directed the provincial government to file comments along with all relevant documents in reply to the petition.

The Kohistan District Nazim had challenged the proceedings started against him by the NWFP government and the high court had restrained the provincial government from taking any action against him. However, the chief minister moved a motion in the assembly for his removal under section 23 of the NWFP Local Government Ordinance, 2001.

A special committee was constituted by the assembly for dealing with the issue.

On the directives of the court the petitioner then filed an amended writ petition.

The petitioner had claimed that the inquiry conducted by a two-member committee constituted by the NWFP Local Government Commission against him was illegal as he was condemned unheard.

Furthermore, he claimed that the chief minister was not chief executive of the province and the governor enjoyed those powers, therefore the chief minister was not empowered to move a motion against him in the assembly.

The advocate general has vehemently opposed the petition, stating that the Peshawar High Court had no constitutional powers to restrain a committee of the assembly from performing its functions.

He stated that the proceedings in the assembly could not be called in question before any court.

The petition is of great importance as till now the chief minister has been considered the chief executive of the province, and in case the court accepts the petition and declare the governor as the chief executive it would effect the powers of the provincial government.