AKRAM KHAN DURRANI vs GOVERNMENT OF KHYBER PAKHUTNKHWA S — 2022 PLD 171 PESHAWAR-HIGH-COURT

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AKRAM KHAN DURRANI VS GOVERNMENT OF KHYBER PAKHUTNKHWA S. 27(2) & Part-II of 11th Sched.---Khyber Pakhtunkhwa Local Government (Amendment) Act (XXV of 2019), Ss. 13, 24 & 27---Constitution of Pakistan, Arts.17 & 199---Constitutional petition---Local Government---Elections on party basis---Tehsil Councils---Petitioner assailed amendments made to Khyber Pakhtunkhwa Local Government Act, 2013---Validity---Provisions of S.27(2) of Khyber Pakhtunkhwa Local Government Act, 2013 substituted vide Khyber Pakhtunkhwa Local Government (Amendment) Act, 2019 only to the extent of envisaging for holding election for Village Council and Neighbourhood Council, on non-party basis were struck down, as the same were ultra vires the Art. 17 of the Constitution---High Court also held that Part-II of 11thSchedule to Khyber Pakhtunkhwa Local Government Act, 2013 inserted through Khyber Pakhtunkhwa (Amendment) Act, 2019, to the extent of envisaging for election on non-party basis was ultra vires Art. 17 of the Constitution---High Court directed that ongoing election scheduled by Election Commission for Election of Village Council and Neighbourhood Council was to be held on Party Basis---High Court directed Provincial Government as well as Election Commission to issue necessary direction to Retuning Officers to accept nomination papers from candidates/aspirant for contesting Election for Village Council and Neighbourhood Council; on Party Basis w.e.f. 04.11.2021 as per schedule notified through Notification dated 25.10.2021 by Election Commission---High Court clarified that Election of Tehsil/City Councils, Village/Neighbourhood Councils to the seat of Mayor or Chairman and Members of Village Councils/ Neighbourhood Councils of District Malakand, Bajaur, Mardan, Swabi, Peshawar, Nowshera, Kohat, Karak, D.I. Khan, Bannu, Tank, Haripur, Khyber, Mohmand, Charsadda, Hangu and Lakki Marwat of Khyber Pakhtunkhwa Province would be held as per schedule issued by Election Commission through Notification dated 25.10.2021 and the same would be implemented in letter and spirit---Constitutional petition was disposed of accordingly. Head Notes

AKRAM KHAN DURRANI vs GOVERNMENT OF KHYBER PAKHUTNKHWA S — 2022 PLD 171 PESHAWAR-HIGH-COURT

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