Bar on dual membership challenged

PESHAWAR: The condition of pre-resignation before contesting the general election for district government representatives in Khyber Pakhtunkhwa was challenged in the Peshawar High Court (PHC).

The pre-resignation condition in the Khyber Pakhtunkhwa Local Government Act, 2013 was challenged by Mustafa Khan Kundi, District Nazim Tank, through his lawyer Muhammad Asghar Khan Kundi.

About the facts of the case, it was submitted that the petitioner intended to contest the upcoming general election, but he was prevented by the law with the condition that he should resign from the existing office and then contest the election.

It was explained that under Section 85 of the Khyber Pakhtunkhwa Local Government Act, 2013 no local government representative could contest the general election until and unless tendered resignation from his seat in the Local Government.

It was submitted in the petition that Section 85 of the Khyber Pakhtunkhwa Local Government Act was against the law and the Constitution and should be declared void.

It was stated that the Sindh Local Government Act, 2013 and the Balochistan Local Government Act, 2010 didn’t require pre-resignation for contesting the general election. It was contended that the condition for the local government representatives in KP to resign before contesting the election was in violation of Article 25 of the Constitution.