PESHAWAR: The Peshawar High Court on Tuesday set aside Khyber Pakhtunkhwa chief minister’s notification issued for suspension of District Nazim and Naib Nazim of Mardan.
The bench consisting of Justice Nisar Hussain and Justice Qaiser Rasheed was hearing a writ petition filed by Mardan District Nazim Himayatullah Mayar and Naib Nazim Asad Ali through his counsel Khalid Mehmud.
When the hearing commenced, Advocate General Abdul Latif Yousafzai argued that 57 was the required number of votes to pass the Annual Development Programme of which five members’ signatures had been declared fake.
The petitioners had earlier asserted that the Annual Development Programme had been passed on Dec 10 by a simple majority i.e. 59 of the total 112 members.
Yousafzai said that the petitioner has accused the chief minister of suspending them with malafide intention.
“In fact, the CM has not acted directly rather he was forwarded a summary by the Local Government Commission which conducted inquiry against the petitioners and he approved,” Yousafzai said.
Yousafzai said that he was suspended for want of a fair inquiry to which Justice Hussain asked if the Local Government Commission couldn’t ensure fairness in his own office.
Yousafzai replied that members of the inquiry committee believed he may tamper with the records and recommended their suspension.
“Besides, the petitioners’ claimed no one objected on passage of the budget but in fact the controversy started from the very first day after which an inquiry was initiated,” he said.
He also argued that the petitioners first claimed that the secretary recorded minutes of the meeting but later said he was absent from the session. He said that as per the Local Government Act, the secretary has to record minutes of the meeting, so if he was absent from the session then who recorded the minutes?
He argued that in either case if he was present or absent, as per the petitioners’ claim, it creates doubts about the passing of the budget.
ON THE OTHER HAND:
In previous hearings, Mehmud had said that chief minister has suspended the petitioners on May 6, 2016 for not passing the annual budget with simple majority.
He had argued that while the salary and non-salary budget was passed unanimously, budget for the Annual Development Programme was passed with a majority of the votes. He said that salary and non salary budget for zila council staff was also passed unanimously.
“It was nowhere mentioned in the notification that which budget was passed with a minority of the members of the district council, proving that the notification is ambiguous and constitutes concealment of facts,” he argued.
He said that maximum members from treasury and opposition benches have submitted project identification forms (PIF) regarding their respective development schemes.
“Submission of PIF proves that the budget was passed with consent of the majority including the opposition benches,” he contended.
He stated that it was evident even from the district council records that the budget was passed with a majority of votes and the allegations mentioned in the notification could not be substantiated with the maintained record.
“Moreover, there is no provision in the Local Government Act for suspension of district and Naib Nazim for failure to pass the budget,” he stated.
He argued that the chief minister has illegally exercised authority by applying section 55 of the Khyber Pakhtunkhwa Local Government Act, 2013 for suspension of the petitioners which was against the express provision of Articles 4 and 5 of the Constitution of Pakistan.
He said that the petitioners were not communicated any sort of charge of violation of any section of an act, or any rules of business, which is against the norms of justice.
The Peshawar High Court on Tuesday set aside Khyber Pakhtunkhwa chief minister’s notification issued for suspension of District Nazim and Naib Nazim of Mardan.
The bench consisting of Justice Nisar Hussain and Justice Qaiser Rasheed was hearing a writ petition filed by Mardan District Nazim Himayatullah Mayar and Naib Nazim Asad Ali through his counsel Khalid Mehmud.
When the hearing commenced, Advocate General Abdul Latif Yousafzai argued that 57 was the required number of votes to pass the Annual Development Programme of which five members’ signatures had been declared fake.
The petitioners had earlier asserted that the Annual Development Programme had been passed on Dec 10 by a simple majority i.e. 59 of the total 112 members.
Yousafzai said that the petitioner has accused the chief minister of suspending them with malafide intention.
“In fact, the CM has not acted directly rather he was forwarded a summary by the Local Government Commission which conducted inquiry against the petitioners and he approved,” Yousafzai said.
Yousafzai said that he was suspended for want of a fair inquiry to which Justice Hussain asked if the Local Government Commission couldn’t ensure fairness in his own office.
Yousafzai replied that members of the inquiry committee believed he may tamper with the records and recommended their suspension.
“Besides, the petitioners’ claimed no one objected on passage of the budget but in fact the controversy started from the very first day after which an inquiry was initiated,” he said.
He also argued that the petitioners first claimed that the secretary recorded minutes of the meeting but later said he was absent from the session. He said that as per the Local Government Act, the secretary has to record minutes of the meeting, so if he was absent from the session then who recorded the minutes?
He argued that in either case if he was present or absent, as per the petitioners’ claim, it creates doubts about the passing of the budget.
ON THE OTHER HAND:
In previous hearings, Mehmud had said that chief minister has suspended the petitioners on May 6, 2016 for not passing the annual budget with simple majority.
He had argued that while the salary and non-salary budget was passed unanimously, budget for the Annual Development Programme was passed with a majority of the votes. He said that salary and non salary budget for zila council staff was also passed unanimously.
“It was nowhere mentioned in the notification that which budget was passed with a minority of the members of the district council, proving that the notification is ambiguous and constitutes concealment of facts,” he argued.
He said that maximum members from treasury and opposition benches have submitted project identification forms (PIF) regarding their respective development schemes.
“Submission of PIF proves that the budget was passed with consent of the majority including the opposition benches,” he contended.
He stated that it was evident even from the district council records that the budget was passed with a majority of votes and the allegations mentioned in the notification could not be substantiated with the maintained record.
“Moreover, there is no provision in the Local Government Act for suspension of district and Naib Nazim for failure to pass the budget,” he stated.
He argued that the chief minister has illegally exercised authority by applying section 55 of the Khyber Pakhtunkhwa Local Government Act, 2013 for suspension of the petitioners which was against the express provision of Articles 4 and 5 of the Constitution of Pakistan.
He said that the petitioners were not communicated any sort of charge of violation of any section of an act, or any rules of business, which is against the norms of justice.
