Measured response: PHC reserves verdict on petitions against LG Act 2013

Decision will be made public on next date of hearing

PESHAWAR: The Peshawar High Court on Wednesday reserved its judgment on petitions which raised objections to certain sections of the Khyber-Pakhtunkhwa Local Government Act (LGA) 2013.

The petitions were filed by K-P ANP parliamentary leader Sardar Hussain Babak and Jamiat Ulema-e-Islam-Fazl provincial informational secretary Abdul Jalil Jan. They have challenged holding LG polls at the village and neighbourhood council level on a non-party basis. They have also questioned certain powers that lie with the chief minister.

Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaiser heard the long arguments of the attorneys of petitioners—Abdul Latif Afridi, Khushdil Khan and Muhammad Isa Khan—and Advocate General Abdul Latif Yousafzai. The latter was assisted by Qazi Muhammad Anwer.

During the course of the hearing, Khushdil told the court the government is holding the elections on a non-party basis in village and neighbourhood councils under Section 27 (2) which is in conflict with Article 17 of the Constitution.

The section in question reads that the village council or neighbourhood council, as the case may be, shall be a multimember ward for election of members to be held on non-party basis through an adult franchise and joint electorate.

Accusations of discrimination

Khushdil pointed out the councillor on the general seat in a village with the highest number of votes would be elected as nazim, while the runner-up would be naib nazim. He said those elected on women, monitories, youth and peasant seats could not take such positions, adding this was discriminatory. “This violates Article 25 of the Constitution which grants equality to all citizens.”

Khushdil said, “The Lahore High Court declared Section 18 of the Punjab Local Government Act illegal and ordered the government to hold elections on a party basis. The government then made amendments to the said act.”

Conflict of interest

He also objected to Section 56 of the LGA which states the local government commission should be answerable to the chief minister. He questioned how the commission could be impartial if it reported to the chief minister.  Also, the petitioners challenged Section 59 of the said act which empowers the CM to suspend any nazim who does not obey an order for one month.

“There are ample powers with the chief minister, so if there is any problem with a nazim, an enquiry can be initiated.” the court was told.

Muhammad Isa Khan endorsed the arguments of Khushdil Khan, saying the petitioners do not want to delay the elections. He added amendments can be made to remove any grievances.

Qazi Muhammad Anwer told the court the order of the Lahore High Court was not binding on the K-P government. The election commission was not made party in one of the petitions. He said in Punjab’s case, “political parties had locus standi, while in this matter the petitioners are not the aggrieved persons.”

Advocate General Latif Yousafzai told the court the government was holding village and neighbourhood council polls on a non-party basis to ensure there is no political intervention and social problems are solved on a grass-root level.

“The government will allocate 30% of the annual development budget to the local government. The government has set up a commission to ensure checks and balances,” said Yousafzai.

The court then reserved its judgment for announcement for the next hearing.

Published in The Express Tribune, May 7^th, 2015.