On hold: PHC stays utilisation of nazim’s discretionary funds

PESHAWAR: The high court on Wednesday restrained the Peshawar district nazim from utilisating his discretionary funds after opposition members claimed they were illegal.

The bench issued a notice to the district nazim and naib nazim, seeking their replies. The notice was issued after members of the Peshawar district council challenged the legal status of the annual budget for Fiscal Year 2016-17, claiming it was passed in violation of rules and regulations.

A division bench, comprising justices Qaiser Rasheed and Ibrahim Khan, was hearing a writ filed by Saeed Zahir, Safdar Baghi and other opposition members of the council. The petition was filed through their counsel Ayaz Khan.

He said the budget was passed in haste and without following proper rules and regulations.



He added the budget was passed at a time when opposition members were protesting and had walked out from the council hall after the nazim announced a 55% increase in his discretionary funds. He contended that instead of bringing the protesting opposition members back to the house, the nazim passed the budget in violation of rules and regulations and in the absence of the opposition and its leader.

He said the opposition leader and members were not allowed to debate over the budget. Justice Rasheed enquired if the budget was passed without the input of accounts officer, to which Ayaz replied in the affirmative.

The petitioner’s counsel stated that proposals submitted by opposition members on uplift projects in their areas were ignored. He said that as per the local government act, consultation with the deputy commissioner was necessary before passing the budget.“The budget cannot be passed without consultation with the DC, while the discretionary funds of the district nazim have been increased, in violation of an apex court order that does away with them,” he informed the court.

The counsel said the district government was bound to give its nod to funds for projects approved by the relevant committee. However, the projects were ignored and funds were not approved for them.

He contended the allocation of such a large amount, under the discretionary funds head, was not only illegal, but also encouraged corruption in money used for public welfare.

Ayaz requested the bench to order the nazim to allocate funds for projects submitted by members of opposition and stay the utilisation of the nazim’s discretionary funds till a final decision.

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