On hold: Suspension order of Mardan nazim, naib nazim set aside

Their counsel said they cannot be suspended for failing to pass budget

PESHAWAR: The Peshawar High Court set aside the chief minister’s notification issued for the suspension of Mardan district nazim Himayatullah Mayar and naib nazim Asad Ali.

A bench, comprising Justice Nisar Hussain and Justice Qaiser Rasheed, heard a writ petition on Tuesday. The petition was filed by the district nazim and naib nazim through their counsel Khalid Mehmud.

When the hearing commenced, Advocate General Abdul Latif Yousafzai said 57 members were required to pass the budget. However, out of these members, the signatures of five members were declared fake.

To this, the counsel said three of those —whose signatures were “alleged” to be fake — have submitted affidavits claiming they were neither present on the day not did they sign on the sheet.

Counter case

Yousafzai said the petitioners have alleged the chief minister suspended them with mala fide intention.

“In fact, the CM has not acted directly, instead he was forwarded a summary through the Local Government Commission that conducted enquiry against the petitioners – the CM approved it.”

He added the petitioners first claimed the district council secretary recorded minutes of the meeting, but later said the secretary was absent from the session. As per the local government act, the secretary would record the minutes of the meeting, but if he was absent from the session, Yousafzai questioned, then who recorded the minutes.

He said whether the secretary was absent or present, the petitioners’ [dual] claim created doubts about passing of the budget.

Yousafzai told the bench the nazims were suspended so that a fair enquiry could be carried out. To this, Justice Hussain asked if Local Government Commission could not ensure fairness in the presence of the nazims in the office. But Yousafzai replied members of the enquiry committee believed the nazims may tamper with the record, therefore their suspension was recommended.

“Besides, the petitioners claimed no one objected on passage of the budget, but the controversy started on the very first day after which an enquiry was initiated [when members complained the budget was passed with fake signatures],” he said.

Questioning claims

In the previous hearings, Mehmud had said the chief minister suspended the petitioners on May 6 for passing the annual budget with allegedly fake signatures majority.



Mehmud had argued the budget for Annual Development Programme was passed with a majority of votes, even the salary and non-salary budget for the district council staff was passed unanimously.

“It was nowhere mentioned in the notification which budget was passed with minority of total members of the district council, proving the notification is ambiguous and concealed facts,” he had argued.

Proofs

Mehmud had stated the maximum members from treasury and opposition benches have submitted project identification forms (PIF) regarding their respective development schemes.

“Submission of PIF proves the budget was passed with consent of majority including opposition benches,” he contended.

It was evident even from the district council record the budget was passed with a majority of votes and the allegations mentioned in the notification were against the maintained record.

“Moreover, there is no provision in the local government act for the suspension of the district and naib nazims for failure of passing the budget.”

He maintained the chief minister illegally exercised authority by applying Section 55 of Khyber-Pakhtunkhwa Local Government Act, 2013 for suspension of the petitioners. The section allows the chief minister to suspend the nazims for the sake of fair enquiry.

Mehmud said the petitioners were not communicated any sort of charge of violation of any section of the act or any rules of business which was against the norms of justice. After hearing the arguments, the bench set aside the suspension notification.

Published in The Express Tribune, May 25^th, 2016.