Anees Takar
MARDAN: Mayor Mardan Hamayatullah Mayar has written an open letter to the Chief Justice of Peshawar High Court (PHC) highlighting the issue of local government inactivity leading to a lack of authority and funds.
He alleges that the previous government in the KP amended the local government act and paralyzed the LG financially and administratively.
The letter, a scathing critique of judicial neglect and governmental apathy references multiple petitions filed against the government including those by Mayar himself and others like Zubair Ali and Yousaf Khan.
The letter begins by emphasizing the population of Khyber Pakhtunkhwa KP exceeding four crores and its constitutional right to local representation and governance under Articles 7, 17, 32, 37(i) and 140A of the Pakistani constitution. Mayar highlights the two-stage local government elections held on December 19, 2021, and March 31, 2022, along with the subsequent establishment of elected representatives’ offices at the local level in March and June 2022, respectively. However, Mayar criticizes the amendments made to the KP Local Government (Amendment) Act 2019 by the previous PTI government which reduced the powers of local governments and abolished Section 30(2)(b) regarding grants to local governments through the Financial Commission awards. He alleges that this action has rendered local governments administratively and financially paralyzed, with no office established at the tehsil level from 2019 to 2024.
Furthermore, Mayar points out the transfer of administrative and financial powers of nine social service departments to the district and tehsil administrations, effectively dismantling the district and tehsil governments’ system. Despite the legal framework introduced through the Local Government Act 2013 and amended in 2019, practical steps to establish local government offices have not been taken.
The letter also addresses the failure of the judiciary to address petitions and provide relief to elected representatives, who have been protesting against the provincial government’s actions for over two years. Mayar alleges a lack of action by the courts and contends that the judiciary has been swayed by the provincial government’s influence, delaying or dismissing cases against it.
Mayar concludes the letter by urging the Peshawar High Court to uphold the rule of law and ensure justice for the people of Khyber Pakhtunkhwa. He emphasizes the plight of the province’s 42,000 elected representatives, who are awaiting a verdict in favor of justice and public governance.
In the copy distributed, Mayar includes key government officials, including the Chief Minister, Minister for Local Government, Law Minister, Advocate General, and Secretaries of Local Government and Law.
