Matter of rights: Suspension of district nazim, naib nazim stayed yet again
CM Pervez Khattak not answerable to any court, PHC was told
petitioner’s counsel Khalid Mehmud argued all legal requirements were fulfilled to pass the budget and it was passed with a simple majority. PHOTO: ONLINE
PESHAWAR/MARDAN:
The Peshawar High Court sought a reply on Tuesday from the Mardan district nazim and naib nazim after the provincial government said the chief minister was not answerable to any court for the exercise of his powers and performance of his duties.
The provincial government made the claim in a reply it submitted to a division bench of Justice Nisar Hussain and Justice Waqar Ahmad Seth.
The bench was informed under Article 248 of the Constitution, the chief minister was not answerable to any court in exercise of his powers. The article in the Constitution speaks about protection to the president, governors and ministers.
The bench questioned the petition filed by Mardan district nazim and naib nazim against their suspension by the government.
The petition read the district nazim and naib nazim passed the district council budget on December 10, 2015 even though the quorum to pass the budget was not complete as all the members of the district council were not present.
The government said the district nazim and naib nazim put fake signatures of the members on the attendance register to pass the budget.
Subsequently, the local government department in this regard prepared a summary and forwarded it to the chief minister.
The summary was approved and both members were suspended as per rules.
On the other hand, petitioner’s counsel Khalid Mehmud argued all legal requirements were fulfilled to pass the budget and it was passed with a simple majority.
After hearing the arguments, the bench extended the stay order against their suspension and adjourned the case till May 19.
On the other hand, 62 district councillors have shown their faith in Mardan district nazim and naib nazim, saying they will not support the sacking.
This happened at a meeting in Mardan.
Published in The Express Tribune, May 18th, 2016.
The Peshawar High Court sought a reply on Tuesday from the Mardan district nazim and naib nazim after the provincial government said the chief minister was not answerable to any court for the exercise of his powers and performance of his duties.
The provincial government made the claim in a reply it submitted to a division bench of Justice Nisar Hussain and Justice Waqar Ahmad Seth.
The bench was informed under Article 248 of the Constitution, the chief minister was not answerable to any court in exercise of his powers. The article in the Constitution speaks about protection to the president, governors and ministers.
The bench questioned the petition filed by Mardan district nazim and naib nazim against their suspension by the government.
The petition read the district nazim and naib nazim passed the district council budget on December 10, 2015 even though the quorum to pass the budget was not complete as all the members of the district council were not present.
The government said the district nazim and naib nazim put fake signatures of the members on the attendance register to pass the budget.
Subsequently, the local government department in this regard prepared a summary and forwarded it to the chief minister.
The summary was approved and both members were suspended as per rules.
On the other hand, petitioner’s counsel Khalid Mehmud argued all legal requirements were fulfilled to pass the budget and it was passed with a simple majority.
After hearing the arguments, the bench extended the stay order against their suspension and adjourned the case till May 19.
On the other hand, 62 district councillors have shown their faith in Mardan district nazim and naib nazim, saying they will not support the sacking.
This happened at a meeting in Mardan.
Published in The Express Tribune, May 18th, 2016.