MUHAMMAD TAHIR vs GOVERNMENT OF KHYBER PAKHTUNKHWA Ss — 2021 PLD 171 PESHAWAR-HIGH-COURT

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MUHAMMAD TAHIR VS GOVERNMENT OF KHYBER PAKHTUNKHWA Ss. 33, 34, 54, 55 & 120a---Constitution of Pakistan, art. 140a---Purposive construction---Deputy Commissioner, jurisdiction of---Scope---Tehsil Council approved annual Development Program (aDP)---Tenders had been published in daily newspapers, bids had been invited---Deputy Commissioner cancelled all tenders---Petitioners contended that Deputy Commissioner had no lawful authority to cancel the validly approved aDP---Government stated that complaint of illegalities/irregularities had been received, inquiry had been made and on basis of inquiry committee's report the aDP was rolled back---Validity---Subsection (2) of S.120a of Khyber Pakhtunkhwa Local Government act, 2013 provided that department would authorize officers to perform administrative functions of respective Nazimeen till installation of the local government which was further amended (under Second amendment of 2019) and added that authorized officers would also exercise the powers of their respective councils and Naib Nazimeen for 'running day to day affairs'---Such powers could not be construed to the effect of substitution of Tehsil Council and fully empowering such officers to act as Tehsil Council---Such interpretation would be against other provisions of the act, 1913 and also against art. 140a of the Constitution---Purpose of second amendment of S.120a of the act, 1913 had not been more than authorizing the administrative officers to perform day to day affairs of the local government---Purposive interpretation would have to be adopted and newly inserted provisions had to be read with the whole scheme/purpose/objects of the Local Government act, 2013---Reading S.120a in isolation, by adopting literal construction only, would amount to implied repeal of the whole of Local Government act, 2013---Vesting powers of the administrative officers under said section may be compared with and found analogous to the functionaries of a caretaker government (running in day to day manner)---Deputy Commissioner was not empowered to hold an inquiry into allegation of violations of law/rules by the Tehsil Council----Impugned action of Deputy Commissioner was without jurisdiction hence declared as null, void and ineffective upon the rights of petitioners---appropriate forum for approval of such schemes was Local Government Commission---Role of District Development Committee would come after schemes were approved in aDP---authorization of spending money could not be granted for a period of more than one year---Financial year of authorized annual Development Program, i.e. 2018/19, had ended on 30th June 2019 and the same could not be stretched to 2019/20 or 2020/21---Relief regarding further processing of the tenders could not be ordered without lawful authorization from the respective council---Constitutional Petitioned partially allowed.

MUHAMMAD TAHIR vs GOVERNMENT OF KHYBER PAKHTUNKHWA Ss — 2021 PLD 171 PESHAWAR-HIGH-COURT

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