Amendments to KP LG Act being challenged in PHC

ISLAMABAD: Though the Pakistan Tehreek-e-Insaf boosts its Local Government (LG) system but it has allegedly made some opposition-specific amendments to the LG Act which has compelled the opposition parties, which have paved their way to the top slots in the LG setup at tehsil and district level, to challenge the amendments in the Peshawar High Court (PHC).

One such amendment (KP LG 6th Amendment) Act will be challenged in the PHC today (Thursday) as it is considered unconstitutional, discriminatory, arbitrary, based on mala fide, self-contradictory and of no legal effect. The amendment gives an easy and alternative way to impeach any tehsil or district Nazim.

Seasoned lawyer, Faheem Wali Khan, Advocate Supreme Court, who has been hired by the tehsil Nazim and Naib Nazim of Takht Bhai, both from opposition parties, while talking to The News said that the KP government had passed an amendment to its LG system which made it mandatory for a Nazim and Naib Nazim of district and tehsil only to take vote of confidence from their respective tehsil/district assemblies if the assembly failed to pass the budget. To add insult to the injury, the senior lawyer said, only twenty percent members could demand from the Nazim/Naib Nazim to take vote of confidence whereas for vote of no-confidence two-third members were required to impeach the Nazim.

Wali mentioned that the KP government had devised an easy way of impeaching the Nazims, especially from opposition parties, as members could not defect from their parties under the law but could remain absent on the day of passing of the development budget and subsequently only 20 percent members could ask Nazim to take a fresh vote of confidence and a few members could again remain absent hence resulting in impeachment of the said Nazim/Naib Nazim.

Wali said that the District Nazim Mardan who is of ANP and Tehsil Nazim Takht Bahi who has support of ANP, JUI and PPP, were feeling the brunt of this legislation as the PHC, on Wednesday, restored Mardan’s Nazim who was suspended by the competent authority (i.e. the CM). “Now, the LG department of KP has declared the budget passed by the Tekht Bhai assembly as null and void and the Nazim has been asked to pass the budget again and there are talks of horse trading in Takht Bhai as the government is not ready to accept opposition parties ruling the LG assemblies so a few members are likely to be laurelled and the Nazim would be asked by 20 percent members to take vote of confidence which can again be managed by the government to impeach the annoying Nazim”, said Faheem Wali.

The petition which will be filed in the PHC today (Thursday) pleads that the amendment is discriminatory in as much as it gives right to impeach Nazim and Naib Nazim of tehsil, district and town councils and is completely silent about the impeachment of chairman of village councils, neighborhood councils and union councils and that the amendment under challenge, despite other loopholes, is self-contradictory and goes against the very spirit of the Act itself because, for a vote of no confidence the law requires a resolution passed by two third members of the house while this amendment surreptitiously reduces the said numbers to a simple majority under the garb of non-approval of the budget.

It further says that the amendment in itself is ambiguous as though it provides a mechanism for bringing a resolution by twenty per cent of the total membership to seek vote of confidence but at the same time it is silent about the numbers required for the Nazim and Naib Nazim, as the case may be, to successfully pass the so called test of vote of confidence.

“That the said amendment is in conflict with Section 35 and 84 (1) of the KP Local Government Act, 2013 in as much as it gives right to twenty per cent of members of the tehsil, district and town councils to place requisition before council asking Nazim or Naib Nazim to seek fresh vote of confidence in case of failure to approve budget whereas Section 35 (4) provides for an alternative procedure in such an eventuality. Moreover reducing the requisite number of members of councils for asking for vote of confidence from two third to only twenty percent is also against the constitution and principles of natural justice which would create chaos in the smooth running of the business of the council and would affect the effective performance of the duties of Nazim and Naib Nazim.

That making it mandatory upon the members of the councils – by using the word “shall” in the amendment - to ask Nazim and Naib Nazim to seek vote of confidence in case of failure to approve budget is another illogical move by the government as the members, even if satisfied from the performance of their Nazim and Naib Nazim, have to place the requisition which would not be more than a futile exercise.

That the aforementioned amendment, if not annulled, would indulge the members of the councils in to an unending practice of seeking vote of confidence for numerous times in their tenure which would have negative impact on performance of the Nazim and Naib Nazim, respectively, to deliver their best for the wellbeing of the people and that, of course, would compel them to make undue compromises for the sake of avoiding wastage of their precious time.”