The petition was filed by Qaumi Watan Party (QWP) MPA Sultan Muhammad, Pakistan Muslim League-Nawaz (PML-N) MPA Muhammad Shiraz Khan, Awami National Party’s (ANP) Syed Jafar Shah, Pakistan Peoples Party’s Nighat Yasmeen Orakzai and Jamiat Ulema-e-Islam-Fazl’s (JUI-F) Malik Riaz through Barrister Masood Kausar.
K-P chief minister and his principal staff officer along with secretaries of finance and planning and development departments have been named respondents. The opposition MPAs stated in the petition that they belong to different political parties and were issued tickets by their respective parties in the general elections of May 2013.
The lawmakers said their parties decided to sit on the opposition benches in the provincial legislature and that the five of them represent the united opposition in the present government.
"In the budget for financial year 2014-15, Rs20 million was allocated for each member of the provincial assembly, including members belonging to opposition parties," states the petition. However, the chief minister has reserved billions of rupees to be distributed as ‘discretionary fund’, said the MPAs, claiming he also granted sizeable sums to the ruling party’s (PTI) leaders and “favoured ministers” under the special initiative programme.
"Among the special recipients of the K-P budget is Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan who is spending millions of rupees on various schemes of reserved forests and construction of roads,” states the petition.
The parties claim Senior Minister Shahram Tarakai got Rs200 million while former finance minister and current Jamaat-e-Islami (JI) amir Sirajul Haq received Rs320 million. The MPAs said they tried their best to obtain a copy of the CM’s directives issued in favour of these beneficiaries, but were turned down.
The opposition MPA also said the construction of a one-kilometre road was mandated to opposition members whereas roads over 200-kilometres are being constructed by Haq.
“The provincial president of PTI, Azam Swati, who is not a lawmaker, was allocated Rs1 billion to be spent at his discretion. Thus, allocation of funds to him (Swati) is illegal and unjustifiable," the petition states.
Funds reportedly allocated to some constituencies of the National Assembly include three in Peshawar, two each in Nowshera, Mardan, Swat, one each in Swabi, Kohat, Karak, Hangu, Abbottabad, Tank, Lakki Marwat, Swat and Malakand. These constituencies have to receive money from the federal government’s budget, but have been allotted funds by the provincial government, alleged the opposition.
"All members of the provincial assembly are not treated equally in the allocation of funds. The petitioners are entitled to Rs20 million, but the same has been denied," it adds.
The MPAs said they have raised the issue on the floor of the house, but in vain. They requested the court to declare the petitioners are equally entitled to the allocation of funds for development schemes as are available to members of the provincial assembly belonging to the ruling party and that they should not be discriminated against.
"The allocation of funds to non-members of the provincial assembly be declared null and void and the provincial government be directed to allocate development funds to all members without discrimination,” pleaded the petition.
For interim relief, the opposition parties requested the court that till the disposal of the petition, the chief minister be directed to refrain from making any allocation while exercising the so-called discretionary powers only to his favourites and to release the funds the petitioners are entitled to.
Published in The Express Tribune, December 16th, 2014.
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They are so desperate to get hands on the funds. They are trying by hook or by crook to get the cash. They have lavish life styles and need cash support for it. Kudos to PTI for holding on to the funds to be distributed to Local leaders after LG elections.