Illegal partition?: Delimitation of Kohistan challenged at PHC
Court requested to nullify K-P LG (Second Amendment) Act 2015 and previous notifications.
The court was requested to declare the two earlier notifications and the new LG amendment null and void and to direct the government to restore the status of Palas sub-division. PHOTO: PPI
ABBOTTABAD/PESHAWAR:
The delimitation of Kohistan district through the Khyber-Pakhtunkhwa Local Government (Second Amendment) Act 2015 has been challenged at Peshawar High Court.
The fresh petition was filed by former tehsil nazim Haji Ameerzada and six others through their counsel Barrister Masood Kausar. The application questioned the delimitation and declared secretaries of revenue and local government departments, K-P chief secretary, Hazara Commissioner and Kohistan DC as respondents.
The petitioners said an application regarding the creation of another district in Kohistan was already pending with the court while the provincial government amended the existing act.
“The notifications, dated January 15, 2014 and February 7, 2014 respectively, were issued under Sections 5 and 6 of the West Pakistan Land Revenue Act 1967 in violation of law,” the petition reads. The petitioners said the act in question only empowers the government to bifurcate existing divisions into districts and districts into tehsils.
The new legislation has now separated 23 constituencies from the Kohistan’s 39, to form a new district. The entire exercise is politically motivated, the petition added.
The petition also says constitutional mandates were ignored while only narrow political goals were kept in view during the notification of another district. “The geographical specifications of existing administrative units and public convenience have been ignored,” said the petitioners, adding the status of Kohistan district was confirmed through a notification issued on June 8, 1977.
The court was requested to declare the two earlier notifications and the new LG amendment null and void and to direct the government to restore the status of Palas sub-division.
The bench comprising Justice Waqar Ahmad Seth and Justice Musarrat Hilali issued notices to the nominated respondents and sought written replies before the next hearing on April 2.
Meanwhile, PHC Abbottabad bench has summoned Attorney General of Pakistan and K-P advocate general, in pursuance of a petition filed against irregularities in the delimitation of different union councils and wards.
Published in The Express Tribune, March 26th, 2015.
The delimitation of Kohistan district through the Khyber-Pakhtunkhwa Local Government (Second Amendment) Act 2015 has been challenged at Peshawar High Court.
The fresh petition was filed by former tehsil nazim Haji Ameerzada and six others through their counsel Barrister Masood Kausar. The application questioned the delimitation and declared secretaries of revenue and local government departments, K-P chief secretary, Hazara Commissioner and Kohistan DC as respondents.
The petitioners said an application regarding the creation of another district in Kohistan was already pending with the court while the provincial government amended the existing act.
“The notifications, dated January 15, 2014 and February 7, 2014 respectively, were issued under Sections 5 and 6 of the West Pakistan Land Revenue Act 1967 in violation of law,” the petition reads. The petitioners said the act in question only empowers the government to bifurcate existing divisions into districts and districts into tehsils.
The new legislation has now separated 23 constituencies from the Kohistan’s 39, to form a new district. The entire exercise is politically motivated, the petition added.
The petition also says constitutional mandates were ignored while only narrow political goals were kept in view during the notification of another district. “The geographical specifications of existing administrative units and public convenience have been ignored,” said the petitioners, adding the status of Kohistan district was confirmed through a notification issued on June 8, 1977.
The court was requested to declare the two earlier notifications and the new LG amendment null and void and to direct the government to restore the status of Palas sub-division.
The bench comprising Justice Waqar Ahmad Seth and Justice Musarrat Hilali issued notices to the nominated respondents and sought written replies before the next hearing on April 2.
Meanwhile, PHC Abbottabad bench has summoned Attorney General of Pakistan and K-P advocate general, in pursuance of a petition filed against irregularities in the delimitation of different union councils and wards.
Published in The Express Tribune, March 26th, 2015.