PESHAWAR: The Peshawar High Court (PHC) on Wednesday issued notice to the provincial government through advocate general in a writ petition, challenging the KP Local Government (Second Amendment) Act 2015. A two-member bench comprising Justice Waqar Ahmad Seth and Justice Musarrat Hilali also issued notice to Khyber Pakhtunkwha Advocate General (AG) to appear and explain legal position of the KP Local Government (Second Amendment) Act 2015 on the next hearing. The seven former tehsil and union council nazims of Kohistan district had challenged the act, through Barrister Masood Kausar. The petitioners’ lawyer, Barrister Masood Kausar, submitted before the bench that his clients had earlier challenged the provincial government’s notification on creation of Lower Kohistan district. He submitted that the high court had restrained the provincial government from further actions on creation of the Lower Kohistan district till a final decision in the case. He submitted that the petition was pending in the court, and in the meantime the provincial government through the KP Assembly passed the Khyber Pakhtunkhwa Local Government (Second Amendment) Act 2015. The lawyer submitted that the provincial government enacted Khyber Pakhtunkhwa Local Government (Second Amendment) Act 2015 after amending KP Local Government Act 2013 through which a total of 39 wards/constituencies were constituted in Kohistan district. He submitted that Kohistan district was divided in a manner that as many as 23 wards were included in Lower Kohistan district and the remaining 16 wards remained as Kohistan district. He submitted that the creation of the Lower Kohistan was a violation of the provision of Constitution as a portion of tribal area of the former princely state of Swat has been included in the newly created Kohistan district.The lawyer stated that detachment of certain tribal areas of Pata and inclusion in the Lower Kohistan was against the Constitution and unlawful.
