PESHAWAR, Nov 10: The Khyber Pakhtunkhwa government`s decision to maintain the chief minister`s authority visà-vis suspension and removal of district nazim(s) under the New Local Government Act is `undemocratic` and a `remnant` of a bygone authoritative era.

People belonging to a wide political divide, when contacted, termed the authority vested in the provincial chief minister as unwarranted and a manifestation of the politics of status quo.

`Checks and balances are essential to ensure transparency, but unbridled powers cannot be supported,` Senator Ghulam Ali, a leader of Jamiat Ulema-i-Islam-Fazl said. He said the legal provisions kept intact under the new local government law served a reminder of an undemocratic era.

Mian Iftikhar Hussain, a senior leader of the opposition Awami National Party, told Dawn that his party would challenge the chief minister`s authority it in the Peshawar High Court.

Similarly, the Local Council Association, Khyber Pakhtunkhwa, a registered body involving former local government representatives, according to its office-bearer Israrullah advocate, plans to make the provincial government bring about changes inthe law to make it `more democratic`.

The Khyber Pakhtunkhwa Local Government Act, 2013, adopted by the provincial government in the last week of October this year empowers the provincial chief minister to suspend and remove a district nazim found guilty of misconduct.

Section 59 of the law contains that: `Where, in the opinion of the Chief Minister, a Nazim is deliberately avoiding or abstaining willfully or failing to comply with directions given under this Act, the Chief Minister may, for reasons to be recorded and conveyed in writing, suspend him for a period not exceeding thirty days and refer the matter to the Local Government Commission for enquiry.

Earlier, the suspension period involved 90 days, however, under the new legislation it has been brought down to 30 days.

The chief minister`s authority conferred under this section lays down the criteria for removing or suspending a district nazim (head of the district government) in addition to a parallel legal mechanism through which the Local government commission, to be set up under the law, can also suspend a nazim, a naib nazim or a member of a local council.

The commission, after finding a suspen-ded nazim guilty of misconduct, can also recommend to the chief minister `appropriate action` against the guilty nazim, including his removal from the office.

However, it is the chief minister`s authority under Section 59 of the law that has attracted criticism. The matter also came under discussion at the provincial assembly`s select committee that reviewed the local government act 2013. The opposition parties` representatives, said Mian Iftikhar, had also moved amendments for removing the chief minister`s powers.

Pakistan People`s Party`s leader Syed Ayub Shah, when contacted, said the chief minister`s authority was against the spirit of democracy. `When you talk of empowering people at the grassroots level and devolving authority, such legal provisions prove counterproductive,` said Mr Shah.

Mian Iftikhar, former provincial information minister and a leader of ANP, it would create complications, hence it should be scrapped. The provincial government, he added, had decided to hold elections for the village/neighborhood councils on non-party basis, whereas the elections for the nazim and naib nazims would be held on party basis. `This is an attempt to make everybody join PTI as thecouncilors would be given three days to join a party after getting elected to village/neighborhood councils,` said Mian Iftikhar.PPP, ANP and JUI-F are not the only parties that have reservations about the authority vested in the chief minister.

Certain elements within Jamaat-i-Islami, a component of the coalition provincial government, also want to scrap the authority vested in the chief minister`s office.

`We feel that when the government has given a law that is far better than the other three provinces then it should not include such legal provisions that are undemocratic,` said Israrullah advocate, the secretary information, JI, Khyber Pakhtunkhwa.Mr Israrullah is also an office-bearer of the Local Council Association, Khyber Pakhtunkhwa. He the association appreciated the new law as it offered greater devolution, but, at the same time, it felt that the chief minister should not have the authority to remove a district nazim.

`A district nazim happens to be an elected public representative and not an employee to be removed by higher authorities,` said Mr Israrullah, adding `the nazim`s removal should either be through impeachment or vote of confidence in the council.Dr Iqbal Khali, another senior JI leader from Peshawar, thinks differently.

Mr Khalil was part of the provincial government`s working group that conceived the new law by making certain changes to the local government ordinance 2001.

`The working group thought that since the provincial government has shared its authority with the district nazim(s) so in the same spirit it shall have the authority to act against a nazim if found guilty of misconduct,` said Dr Khalil, who was the deputy nazim of the Peshawar City District Government from 2001 onward.

He did not agree with the criticism that the chief minister`s authority could be used to coerce nazims belonging to parties rival to the chief minister`s political party.

He said the chief minister would not be able to misuse the authority.However, JUI-F`s Ghulam Ali said the authority vested in the chief minister`s office would prove a hanging sword for nazims belonging to political parties rival to the chief minister`s political party.

`It is bound to create problems for district nazims particularly in situations when members of the provincial assembly in his area belong to political parties different to his,` said the senator.