PHC wants answers on LG finance control

Court reissues notices on petition challenging transfer of powers

PESHAWAR:

The Peshawar High Court issued another notice to the Khyber-Pakhtunkhwa government, ordering a response by September 12, on a petition challenging a decision to transfer financial and administrative powers from mayors and tehsil chairpersons to the Local Council Board secretary.

The case was heard by a two-member bench of the Peshawar High Court, consisting of Justice Ijaz Anwar and Justice Syed Arshad Ali. The petitioner, Peshawar Mayor Haji Zubair Ali, was represented by Advocate Farooq Afridi.

The lawyer informed the court that under Article 32 of the Constitution, local government institutions should be encouraged to enable elected representatives to serve the people at the grassroots level. "Similarly, each province should have a local government system with financial and administrative powers. It is the government's responsibility to transfer these powers to the lower level," the petitioner's counsel argued.

The court was informed that the Local Government Act was also passed in Khyber Pakhtunkhwa in 2013 to regulate all these matters. However, a recent notification was issued by the Local Government secretary on July 12, 2024, transferring financial and administrative powers related to development projects to the local council.

Advocate Afridi informed the court that this move not only undermines the utility of the councils, but also abolishes the existence of local government under Article 14-A of the Constitution. According to the Local Government Secretary's notification, all administrative and financial powers have been given to the Secretary of the Local Council Board, even though the transfer of powers under the Local Government Act of 2013 and 2019 can only be done through amendments in the provincial assembly.

The court was told that the primary function of the Local Council Board is to handle matters related to appointments, promotions, transfers, and pensions.

"However, here they have been given financial powers which have been taken stripped off elected representatives. This is deemed illegal and unconstitutional as it essentially nullifies the effectiveness of the local government system."

The additional advocate general, who was present in court, told the bench that the provincial government would submit a response and requested for some more.