PHC directs AG to explain legal position

PESHAWAR: The Peshawar High Court (PHC) on Thursday directed the Khyber Pakhtunkhwa advocate general to appear and assist the court in a writ petition challenging bifurcation of Kohistan into two districts through the Khyber Pakhtunkhwa Local Government (Second Amendment) Act 2015.
A two-member bench comprising Justice Waqar Ahmad Seth and Justice Irshad Qaiser issued notice to Khyber Pakhtunkhwa Advocate General (AG) to appear and explain legal position of the Khyber Pakhtunkhwa 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. They included Ameerzada, Muhammad Riaz, Sherbaz, Muhammad Yousaf Khan, Khadimullah, Malik Haider and Mufti Obaidur Rehman.
The provincial chief secretary, secretaries Local Government Department, Revenue Department, deputy secretary Revenue, Hazara Division commissioner and Kohistan deputy commissioner were made respondents in the case.
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 have been included in Kohistan Lower district and the remaining 16 wards remained as Kohistan district.The bench adjourned the case till May 5 on the request of the advocate general, KP.