PESHAWAR, Aug 20: Amending the NWFP Local Government Ordinance, 2001, the provincial government has allowed members of district, tehsil, town and union councils to contest the forthcoming general election without resigning from their office.
However, the government kept intact the resignation condition for Nazimeen and Naib Nazimeen of district, tehsil, town or union councils, as the case may be, before filing their nomination papers for election to any other political office.
Under the recent amendment, made through an ordinance five days back, if a member of the district, town, tehsil or union council gets elected to any other political office he has to resign from one of the posts.
Previously, under Section 158 of the law any holder of an elective office might contest election for any other political office, provided that he or she resigns before filing his or her nomination papers for election to the new office.
In an explanation to the un-amended provision, it was stated that holder of an elective office meant a person who had taken oath under the NWFP Local Government Ordinance, 2001.
The amended section 158 of the ordinance states: “Bar Against Nazim dual membership:- A Zila Nazim, Naib Zila Nazim, Tehsil Nazim, Naib Tehsil Nazim, Town Nazim, Naib Town Nazim, Union Nazim, Naib Union Nazim may contest election for any other political office after resigning from the existing office of Nazim, or as the case may be, Naib Nazim, before filing of his nomination papers; Provided that a member of Zila Council, Tehsil Council, Town Council or Union Council may contest election for any other political office without resigning from the membership of such council; provided further that such member shall not hold more than one office at one time.”
A union council Nazim told Dawn that confusion persisted about their fate. He said under the ordinance he was a union Nazim as well as member of a district council. He added now as a union Nazim he had to resign before filing of nomination papers for any other political office, but at the same time being a member of district council he could contest elections without tendering his resignation.
The deputy secretary of the local council board, Sardar Lateefullah Khan, told Dawn there was no confusion in the amendment. He said union Nazim and Naib Nazim are ex-officio members of a district, town or tehsil councils, therefore, the provision of a member of a district, town or tehsil did not apply to them.
Mr Khan said the government had now spelt out in clear terms that a district, town, tehsil and union Nazim or Naib Nazim could not contest elections for any other political office without resigning from his present post.
It is worth mentioning that on Aug 1 last year — one day before the elections of district, tehsil and town Nazimeen and Naib Nazimeen — the Peshawar High Court had ruled that under Section 158 of the ordinance Nazim, Naib Nazim and member of a union council could not contest for the post of district, tehsil and town Nazim and Naib Nazim.
On an appeal filed by Malik Asad, who was later elected Kohat district Nazim, the Supreme Court suspended the High Court judgment. Recently, the Supreme Court has admitted that appeal for regular hearing.