Risking contempt? PHC issues second notice over Babak’s petition
The ANP leader earlier challenged provisions of the LG Act 2013.
The notice was issued by a two-member division bench of Peshawar High Court (PHC). PHOTO: PPI/FILE
PESHAWAR:
The Khyber-Pakhtunkhwa (K-P) government was sent yet another notice to file its comments in response to Awami National Party (ANP) provincial parliamentary leader Sardar Hussain Babak’s petition against several provisions of the Khyber-Pakhtunkhwa Local Government (LG) Act 2013.
The notice was issued by a two-member division bench of Peshawar High Court (PHC) comprising Justice Roohul Amin and Justice Lal Jan Khattak on the petition filed through Advocates Abdul Latif Afridi and Khushdil Khan declaring some sections of the act as unconstitutional.
Babak’s counsel said the government had created thousands of village councils and neighbourhood seats which will overburden the already weak economic condition of the province. On the other hand, it will also lead to an increase in horse trading which is why, according to the counsel, the act should be declared unconstitutional.
Member Provincial Assembly Sardar Babak claimed in his petition that political parties will contest elections through party symbols on tehsil and district levels whereas they will be disallowed to use the party’s name in village and neighbourhood council elections, a move that will be unlawful, unfair and against democratic norms.
The petitioner also challenged the provision of the act that empowers the chief minister to suspend a nazim of a local council. Babak contends such powers should only rest with the body which was empowered to elect the nazim.
Additional Advocate General Waqar Ahmad Khan informed the bench that PHC had already issued a notice to the K-P advocate general to assist the court and present the provincial government’s version.
The court after hearing the arguments adjourned the case and directed the provincial government to submit its report on the next date of the hearing.
A two-member bench of Justice Waqar Ahmad Seth and Justice Muhammad Daud Khan issued the same notice to the provincial government on January 7.
Published in The Express Tribune, January 25th, 2014.
The Khyber-Pakhtunkhwa (K-P) government was sent yet another notice to file its comments in response to Awami National Party (ANP) provincial parliamentary leader Sardar Hussain Babak’s petition against several provisions of the Khyber-Pakhtunkhwa Local Government (LG) Act 2013.
The notice was issued by a two-member division bench of Peshawar High Court (PHC) comprising Justice Roohul Amin and Justice Lal Jan Khattak on the petition filed through Advocates Abdul Latif Afridi and Khushdil Khan declaring some sections of the act as unconstitutional.
Babak’s counsel said the government had created thousands of village councils and neighbourhood seats which will overburden the already weak economic condition of the province. On the other hand, it will also lead to an increase in horse trading which is why, according to the counsel, the act should be declared unconstitutional.
Member Provincial Assembly Sardar Babak claimed in his petition that political parties will contest elections through party symbols on tehsil and district levels whereas they will be disallowed to use the party’s name in village and neighbourhood council elections, a move that will be unlawful, unfair and against democratic norms.
The petitioner also challenged the provision of the act that empowers the chief minister to suspend a nazim of a local council. Babak contends such powers should only rest with the body which was empowered to elect the nazim.
Additional Advocate General Waqar Ahmad Khan informed the bench that PHC had already issued a notice to the K-P advocate general to assist the court and present the provincial government’s version.
The court after hearing the arguments adjourned the case and directed the provincial government to submit its report on the next date of the hearing.
A two-member bench of Justice Waqar Ahmad Seth and Justice Muhammad Daud Khan issued the same notice to the provincial government on January 7.
Published in The Express Tribune, January 25th, 2014.