Peshawar High Court. PHOTO: PPI
PESHAWAR: Khyber-Pakhtunkhwa Advocate General Abdul Latif Yousafzai informed the Peshawar High Court (PHC) that Mardan district nazim and naib nazim were suspended for passing a budget with fake signatures to show a simple majority.
When hearing commenced on Thursday, a day after PHC suspended the provincial government’s order and restored Mardan district nazim Himayatullah Mayar and Mardan naib nazim Asad Ali, Yousafzai appeared before a division bench comprising Justice Nisar Hussain and Justice Qaiser Rasheed and said the budget was not passed with a simple majority, but through illegal means.
He said members attended the first two days during the three day budget session. However, most of them remained absent on the third day as they were not in favour of the budget.
The AG said Mayar and Ali passed the budget with fake signatures of certain members and their complaints were communicated to the quarters concerned.
He said an enquiry was launched and signatures were sent to the forensics laboratory, which in its report confirmed that most members’ signatures had been forged which led the nazim and naib nazim to be suspended for a month.
“The enquiry will be completed within a month and in case it does not finish within the stipulated time, both men will be considered restored,” he argued.
Justice Nisar enquired as to whether Yousafzai had submitted his comments regarding the matter since this needed to be on record. The AG requested time to submit his reply.
During the hearing on the previous day, Khalid Mehmood, the petitioners’ counsel, said the budget for annual development programme was passed with a majority of votes. He added salary and non-salary budget for the staff of the Zila Council was also passed unanimously.
“It is not mentioned in the notification that which budget was passed with a minority in district council,” he said. “This proves that the notification is ambiguous.”
Mehmood added a large number of members from treasury and opposition benches submitted project identification forms (PIF) regarding their respective development schemes.
“The submission of PIF proves the budget was passed with the consent of the majority, including the opposition benches,” the counsel said.
He said it was evident even from district council’s record that the budget was passed through a majority vote and the allegations mentioned in the notification were against the maintained record.
“There is no provision in the local government act for suspension of a district nazim and naib nazim for failing to pass the budget,” he said.
He also said the chief minister had illegally exercised his authority by applying Section 55 of the act to suspend the petitioners. According to him, this was against constitutional provisions.
The counsel added petitioners were not informed about any charge of violating any section of the act or rules of business.
He added the notification was based on discrimination and political victimisation.
The counsel said there was no provision in the local government act to specify who would run the district government if the nazim and naib nazim were suspended. Therefore, the suspension of petitioners was tantamount to undermining the will of people.
The bench ordered the AG to submit his comments by May 16 and adjourned the case.
Published in The Express Tribune, May 13th, 2016.
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