Humayun Khan
PESHAWAR: Newly elected Mayor Mardan and Chairman local government association Himatullah Mayar filed writ petition seeking oath taking of newly elected mayors, councilors and chairmen under the law at Peshawar High Court.
The counsel for petitioner is Babar Khan Yousafzai while Government of Khyber Pakhtunkhwa, Election Commission of Pakistan and Provincial Election Commissioner Khyber Pakhtunkhwa were respondents in the case. The writ stating that the petitioner is a law abiding citizen of Pakistan and added that on 25, Oct, 2021 the Respondent No 2 and 3 while issuing the schedule for holding local bodies elections in the first phase in Khyber Pakhtunkhwa’s 17 distracts, announced holding the election on Dec 19 , 2021.
The petition further adding that the 17 districts include Buner, Bajaur, Mardan, Swabi, Peshawar, Nowshera, Kohat, Karak, DI Khan, Bannu, Tank, Haripur, Khyber, Mohmand, Charsadda, Hangu and Lakki Marwat districts. The writ arguing that as per notification of Respondent No 2 and 3, The Elections for KPK Local Government 1st Phase were held on 19. December 2021.
The petition claiming that as per the rules mentioned in Khyber Pakhtunkhwa Local Government Act (Amendment) 2019 Section 79 (1), The term of a local council shall be four years, commencing on the date on which it holds its first meeting and added that as per the proviso of the said section, the first meeting shall be held not later than fifteen days from the day on which the names of its members are notified. The petitioner requesting that the Khyber Pakhtunkhwa Local Government Act (Amendment) 2019 bounds the Respondent No 1 to Notify The assumption of office by the chairman and members of the local Government.
The writ claimed that the Respondent even after having crystal clear rules and directives in the statue, failed to comply the administration of the: oath, assumption of charge and handing over of the said properties, assets , rights and liabilities to the successor Tehsil government and the petitioner after being aggrieved from the illegal and non-compliance attitude of the Respondents, and having no other adequate remedy available, approach this Hon’ble Court, on the following grounds, inter alia
The writ added that the constitutional provisions articles 32, 140A and preamble of the Khyber Pakhtunkhwa Local Government Act, 2013 provide to encourage local government institutions composed of elected representatives and having special representation of peasants, workers, women, minorities and youth and devolution of political, administrative and financial authority and responsibility to elected representatives of the local governments respectively.
The petition adding that the such illegal acts of the Respondents are depriving the general public of the above-mentioned districts of their due right to been represented by their elected representatives. The petitioner requesting that the Non-Compliance of Respondents is a clear violation of Khyber Pakhtunkhwa Local Government Act 2013, Khyber Pakhtunkhwa Local Government Act (Amendment) 2019 And Constitution of Islamic Republic of Pakistan.
It is, therefore most humbly prayed that on acceptance of this Writ Petition, the respondents may kindly be directed to administer The Oath of the Chairman and Member, to notify the assumption of offices by Chairmen and members of the local councils, hand over the movable/ immovable properties/assets/staff etc, Rights and Liabilities of the then district government to tehsil government and any other remedy deems fit and appropriate in the the circumstance of the case may also be granted in favour of the petitioner.
