K-P mayors seek term extension, powers

Local government mayors and nazims of Khyber-Pakhtunkhwa have filed a writ petition in the Peshawar High Court (PHC), seeking an extension of their three-year term through legislation and demanding financial and administrative powers.

The petition was filed by Babar Khan Yousafzai on behalf of Himayatullah Mayar, President of the Local Council Association, and 29 other nazims.

The petition states that they were elected three years ago in local bodies' elections. However, during this period, they were deprived of funds and not granted administrative or financial powers, rendering the local government institution effectively paralyzed.

In the writ petition, the provincial government, secretary local government and secretary law have been made party.

It was stated that the petitioners are mayors and tehsil nazims of different cities of K-P and they were directly elected by the people as a result of LG elections.

The provincial government had initially promised to grant them powers and funds under the Local Government Act. However, over time, these powers and funds were withdrawn in various ways, forcing them to spend most of their tenure in courts fighting for their rights. Due to a lack of funding, they were unable to meet public expectations or carry out development work.

Since the provincial government did not release funds, their three-year term remained largely unproductive. While their tenure can be extended to six years by amending the law, this cannot be done directly and requires a formal legislative change.

According to the writ, the government has repeatedly violated the provisions of the Local Government Act. They moved the courts and got some relief.

During the local government elections, the provincial government promised a fair distribution of powers and funds. However, it failed to fulfill this commitment, leaving most tehsil nazims and city mayors without any government support. As a result, they have been managing affairs using their own resources. Therefore, their term should be extended through a constitutional amendment, and they should be granted the necessary powers to effectively serve the people.

In the writ petition, it was also stated that the powers contained in the Act were not given and they were also suspended on the occasion of the February 2024 general elections. According to the writ, after elections in 2022, they were not sworn in by various means and a writ was filed in the Peshawar High Court after which they were sworn in.