Resignation before contesting election: Notice issued on Tank nazim’s petition

PESHAWAR: The Peshawar High Court (PHC) has sought comments from provincial government in a writ petition filed by a local government representative who is seeking direction from the court about the condition of resignation before contesting the general election.

A division bench comprising Justice Qaiser Rashid Khan and Justice Syed Afsar Shah issued the notice in the petition.

The writ petition was filed by Mustafa Khan Kundi, Tank District Nazim, through his lawyer, Muhammad Asghar Khan Kundi.

He had challenged the pre-condition of resignation for contesting the general election for the local government representatives in the Khyber Pakhtunkhwa Local Government Act, 2013.

It was submitted that the petitioner intended to contest the upcoming general election, but he has been prevented by the law as there was a condition that first he had to quit the existing office to contest the election.

Under Section 85 of the Khyber Pakhtunkhwa Local Government Act, 2013, no local government representative could contest the general election until and unless he resigned from his seat in the local government.

It was submitted in the petition that Section 85 of the KP LG Act was against the law and Constitution and should be declared void.

It was stated that the Sindh Local Government Act, 2013 and the Balochistan Local Government Act, 2010 did not provide for pre-resignation for contesting the general election.

The petition contended that the bar on dual membership under the KP Local Government Act violated Article 25 of the Constitution.