Court ruling: CM can’t halt scheme approved by assembly

PHC orders release of funds allocated for ADP scheme in MPA Ziaullah Afridi’s constituency

PESHAWAR: The Peshawar High Court (PHC) on Friday ruled that the chief minister has no authority to drop a development programme from the Annual Development Programme (ADP) once it is approved by the provincial cabinet and the assembly.

The court declared that the act of Chief Minister Pervez Khattak not to release funds allocated for schemes in PK-1, a provincial constituency, did not have legal authority.



It added that after a go-ahead from the assembly, only the cabinet had the authority to discontinue a development plan, and the CM’s decision had no legal effect.

The judgment, by PHC Chief Justice Yahya Afridi, came on a petition filed by MPA Ziaullah Afridi through his counsel Shumail Ahmad Butt.

The petitioner argued that CM Khattak dropped the integrated developmental package for PK-1 from the ADP 2016-17 and also in the subsequent ADP “which is illegal and should be reversed”.

He told the court that development funds worth Rs1 billion were approved by the K-P cabinet and then by the provincial assembly as part of ADP 2015-16, but it was not allowed to be executed on Khattak’s orders.

The petitioner said the CM stopped the release of allocated funds for his constituency due to differences with him. He asked the court to order release of the funds in the interest of the public.

Deciding the case in favour of MPA Afridi, the PHC declared that the funds allocated for a constituency are ‘legal constitutional rights of the people of that area’ which cannot be stopped by the CM.

The funds should be deemed restored and part of the ADP recommended for fiscal year 2017-18, but can be placed for approval before the provincial cabinet, according to the court order.



According to the court observation, when the constitution mandates the provincial government to decide what schemes are to be placed in the ADP, then it is the same authority to decide whether to drop an approved scheme or carry on with it. The CM’s decision was in his own capacity without the approval of the provincial cabinet, and would not constitute the decision of the cabinet.

However, the verdict said that the “role of the CM is also significant as he is the pivotal force and it is he who carries the approved ADP and also presents it to the legislature for approval; but once approved, the CM cannot reconsider it individually and if he does, it would be without legal authority”.