PHC seeks reply from govt in show-cause case

PESHAWAR: The Peshawar High Court (PHC) on Monday directed the provincial government to submit reply within five days in a writ petition filed by Mardan district nazim and naib nazim against the issuance of show-cause notices to them by the Khyber Pakhtunkhwa Local Government Commission for the alleged misconduct in passing the annual budget.

A two-member bench comprising Justice Nisar Hussain Khan and Justice Musarrat Hilali directed the Pakhtunkhwa Local Government Commission through its chairman and local government secretary and director general to ensure submission of comments in the case within five days.

Justice Nisar Hussain Khan observed that the court would be in a position to pass proper order in the case after receiving reply as to whether the show-cause notice was based on the same facts used earlier by the chief minister to suspend the petitioners.

District Nazim Himayatullah Mayar and Naib Nazim Asad Ali, belonging to Awami National Party and Pakistan People’s Party, respectively, have stated that the impugned show-cause notice was issued to them on basis of political victimisation.

In the show-cause notice issued on July 11, this year both the petitioners were asked to submit written reply within seven days. It was added that they had committed misconduct and they should show cause why they must not be removed from offices.

The petitioners’ lawyer, Khalid Mehmood stated that earlier on May 6, 2016, the petitioners were suspended by the KP chief minister for a period of 30 days on the ground that they had not passed the annual budget of the district in accordance with the law. He added that it was alleged that the budget was not passed by a simple majority of the total members of the district council.

The lawyer said that the high court on May 24 allowed an earlier writ petition of the petitioners against their suspension by the chief minister and the same judgment was then upheld by the Supreme Court. He added that in the same connection the KP Local Government Commission issued the impugned show-cause notice to the petitioners so as to remove them from their offices.

The lawyer added that in the show-cause notice the same charges were leveled against the petitioners on the basis of which they were  earlier suspended by the chief minister. The show-cause notice alleged that bogus signatures of three of the members of the council were put on the attendance sheet on December 10, 2015 the day when the budget was passed. It added that the budget was not passed by majority of the total membership of the council.

The commission asked the petitioners why the budget proceedings of December 10 shall not be declared null and void and as a result the budget passed shall not be set aside.