PESHAWAR, Nov 3: Four district nazims on Monday moved the Peshawar High Court challenging the revival of the offices of commissioners and other steps taken by the provincial government for curtailing the powers and functions of the district government.
The nazims Haji Ghulam Ali of Peshawar, Himayatullah Mayar of Mardan, Sardar Haider Zaman of Abbottabad and Yousaf Ayub Khan of Haripur filed a writ petition through senior advocates M. Sardar Khan and Yahya Afridi.
The respondents in the petition are; NWFP through chief secretary, secretary to the NWFP governor and secretaries of provincial local government, revenue and estate, home and tribal affairs, law, parliamentary affairs and human rights departments.
The petitioners have challenged different ordinances promulgated by the provincial government including: The NWFP Land Laws (Amendment) Ordinance, 2008; Code of Criminal procedure (NWFP) (Amendment) Ordinance, 2008; and, Code of Criminal Procedure, 1898 (NWFP) Provincial Motor Vehicle Ordinance, 1965, West Pakistan Maintenance of Public Order Ordinance, 1960 and Police Order 2002 (Amendment) Ordinance, 2008.
The petitioners prayed the court to declare the said ordinance unconstitutional and illegal.
The petitioners contended that despite the constitutional protection to the devolution plan introduced through an ordinance, certain vested interests prevailed upon the executive authority of the province to violate the mandate and constitutional cover provided to the local government system.
It is added that the governance and administration of revenue, devolved to the district level was again reversed to the divisions and the commissioner, thus defeating the entire devolution system as provided in ordinance and protected by the Constitution.The petitioners stated that to devolve the governance to the grass roots, the then government evolved a local government system devolving and decentralizing government from the provincial to the district, tehsil and finally to the union council level.They added that each tier of government was therefore allocated specific subject matter and accordingly, the NWFP Governor promulgated the NWFP Local Government Ordinance 2001.
The petitioners stated that by virtue of section 14 read with item No. xxv of Part-A of Schedule-I of the ordinance, the administrative and financial authority for the management of the offices of “Land Revenue, Estate” stood decentralised to the district government. The petitioners have been performing their duties accordingly, in accordance with the Ordinance by exercising, inter alia, financial and administrative authority over offices of Land Revenue and Estate.
The petitioners stated that in furtherance of its aims and objectives and to give meaningful effect to the purpose of the ordinance, complimentary and necessary amendments were made in various laws. In this regard NWFP Land Laws (Amendment) Ordinance, 2001 was promulgated on Aug 13, 2001, whereby crucial amendments affecting “Land Revenue and Estate” were made.
They stated that the Local Government Ordinance was given protection as it was inserted as item No. 28 in the Sixth Schedule in the Constitution and the term of protection would expire on Dec 31, 2009.