PESHAWAR: Peshawar High Court on Thursday again sought comments within a fortnight from Khyber Pakhtunkhwa government in a petition challenging its recent notification of withdrawing financial powers of local council representatives.
A bench consisting of PHC Chief Justice Ishtiaq Ibrahim and Justice Wiqar Ahmad warned that in case of non-filing of comments by the government, the court would decide the matter on the basis of available documents.
The bench was hearing the petition jointly filed by the mayor of capital metropolitan, Haji Zubair Ali, and chairmen of Pishtakhara tehsil (Peshawar), Shah Alam tehsil (Peshawar) and Landi Kotal tehsil (Khyber), Haroon Siffat, Kalimullah and Shah Khalid, respectively.
The petitioners have requested the court to declare as illegal and unconstitutional the impugned notification issued on July 12 by the secretary of local government department.
PHC bench warns authorities of deciding matter on basis of available record
The respondents in the petition are provincial government through its chief secretary, Local Council Board chairman and secretaries of local government, finance, establishment and law departments.
During course of hearing, the chief justice observed that it appeared that the government had deliberately been not responding to the petition. The bench observed that apparently the government didn’t want to assign powers to the representatives of local councils.
Advocate Mohammad Farooq Afridi appeared for the petitioners and contended that Article 32 of Constitution envisaged setting up of local government institutions composed of elected representatives.
He stated that through Constitution (Eighteenth Amendment) Act, 2010, Article 140-A was inserted into the Constitution of Pakistan, which provided that each province should by law establish a local government system and devolve political, administrative and financial responsibility and authority to elected representatives of local government.
He said that provincial government enacted KP Local Government Act, 2013, to regulate local government institutions in the province. He said that from time-to-time the government introduced changes to the said law through Acts of provincial assembly.
Mr Afridi stated that administrative and financial powers were entrusted on elected representatives of local government in KP Local Government Act (KPLGA).
He said that local government polls were held in December 2021 after which petitioner Haji Zubair assumed charge as mayor of capital metropolitan whereas the three other petitioners were also elected chairmen of their respective tehsils.
The counsel stated that Local Council Board was a semi-autonomous body created under Local Government Ordinance, 1979, for managing matters related to tehsil municipal administration (TMA). He added that LCB was given protection in subsequent local government laws.
He said that the core functions of LCB were looking into appointments, promotions, postings and transfers and pensions etc of staff. He contended that the respondents including the secretary of local government targeted the local government system by issuing the impugned notification whereby financial powers of elected representatives were withdrawn and handed over to the secretary of LCB.
He stated that in impugned notification, it was mentioned that the decision was taken after approval was given by LCB in its meeting on July 5. He contended that the said meeting by the board was illegal and without lawful authority as it had exceeded its powers.
The counsel argued that the mala fide of local government secretary was evident from the fact that he entrusted the powers to secretary of LCB, his subordinate officer. He stated that the notification was in conflict with Article 140-A of Constitution.
He questioned whether the devolved financial powers could be withdrawn through a notification without amending KPLGA.
Published in Dawn, September 13th, 2024