PHC seeks govt reply on plea for extension of LG reps’ tenure

PESHAWAR: The Peshawar High Court (PHC) on Tuesday sought a reply from the Khyber Pakhtunkhwa government within 14 days on a petition filed by several city mayors and tehsil chairmen, seeking a three-year extension to their tenure through legislative amendments, along with restoration of financial and administrative powers under the Local Government Act.

A two-member bench comprising Justice Ejaz Anwar and Justice Kamran Hayat heard the petition, which was filed by Peshawar Local Council Association President Himayatullah Mayar and 28 other local government representatives.

Babar Khan Yousafzai Advocate appeared on behalf of the petitioners, while Khyber Pakhtunkhwa Advocate General Shah Faisal Utmankhel represented the provincial government. The petitioners, who were directly elected in the 2022 local government elections, argued that despite promises made under the Local Government Act, the provincial government gradually withdrew their powers and denied them access to development funds.

They claimed most of their tenure had been spent in legal battles instead of delivering on public expectations. Yousafzai informed the court that although Section 79 of the Local Government Act allowed for an extension of tenure up to six years, it would require an amendment to the law.

He accused the provincial government of repeatedly violating provisions of the Act and failing to distribute powers and funds fairly among elected representatives. He added that many tehsil chairmen and city mayors were currently running their affairs using personal resources due to lack of official support.

The counsel further stated that the local representatives were suspended during the February 2024 general election and were also denied the opportunity to take oath in 2022 until a PHC order mandated it. He requested the court to direct the provincial government to release the overdue funds for the past three years and amend the law to extend the representatives’ tenure by another three years.

During the hearing, the bench directed the advocate general to present arguments at the next hearing on the maintainability of the petition. The advocate general assured the court that he would consult the provincial government and provide the necessary legal stance in the next hearing.

The court adjourned the hearing until April 24, directing the government to submit its written reply within 14 days.