Peshawar mayor, tehsil chairmen challenge transfer of powers in PHC

PESHAWAR: Mayor of Peshawar Metropolitan Haji Zubair Ali, along with the tehsil chairmen, has approached the Peshawar High Court against the transfer of financial and administrative powers from the secretary of Local Government to the secretary of the Local Council Board.

They have requested the court to nullify the notification issued by the Secretary of the Local Government Department.The mayor filed a writ through Advocate Muhammad Farooq Afridi, making the chief secretary Khyber Pakhtunkhwa, secretary Local Government, chairman Local Council Board, secretary finance, and others respondents in the case.

The petition argues that under Article 32 of the Constitution, local government institutions should be encouraged so that elected representatives can serve the people at the grassroots. It states that there should be a local government system in every province with financial and administrative powers, and it is the government’s responsibility to transfer these powers to the lower level.

The writ mentions that the Khyber Pakhtunkhwa Local Government Act was passed in 2013 to regulate these matters. However, a recent notification issued by the secretary of the local government on July 12, 2024, has transferred the financial and administrative powers related to development projects at the local council level to the secretary of the Local Council Board.

The petition claims that this move not only undermines the effectiveness of the councils but also abolishes the existence of the local government under Article 140A of the Constitution.According to the notification, all administrative and financial powers have been given to the secretary of the Local Council Board, despite the fact that the transfer of powers under the Local Government Acts of 2013 and 2019 can only be done through amendments in the provincial assembly.

It says the original role of the Local Council Board includes appointments, promotions, transfers, and pension-related matters, but not financial powers. The petition argues that stripping elected representatives of these powers is illegal and unconstitutional.The court has been requested to declare the notification issued on July 12 as illegal and to suspend its implementation until the writ is decided.