Order suspended: PHC restores Mardan nazim, naib nazim

Counsel for petitioner says record suggests budget was passed through majority vote

PESHAWAR: The Peshawar High Court has suspended the provincial government’s order and restored district nazim and naib nazim of Mardan.

A division bench, comprising Justice Nisar Hussain and Justice Qaiser Rasheed, heard a writ petition on Wednesday. The petition was filed by Mardan district nazim Himayatullah Mayar and naib nazim Asad Ali.

The bench also issued a notice to the provincial government and sought a reply on the matter.

Khalid Mehmood, the petitioners’ counsel, informed the bench that the chief minister had suspended the petitioners on May 6 for not passing the budget through a simple majority.

According to Mehmood, 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 district nazim and naib nazim for failing to pass the budget,” he added.

He said the chief minister had illegally exercised his authority by applying section 55 of the local government act to suspend the petitioners.

According to the petitioners, this was against constitutional provisions.

The counsel added the petitioners were not communicated or informed about any charge of violating any section of the act or any rules of business which was against the norms of natural justice.

He added the notification was based on discrimination and political victimisation.

The counsel added 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, after hearing the arguments, suspended the notification and sought replies from the respondents, including the provincial government. The bench adjourned the case till May 12 (today).

Published in The Express Tribune, May 12^th, 2016.