Law:

Section:

(a) Khyber Pakhtunkhwa Local Government Act (XXVIII of 2013)--- ----Ss. 55 & 54---Irregularities in the budget proceedings of District Council---Appointment of Local Government Commission---Suspending of Nazim and Naib Nazim---Requirements---Nothing was on record as to which two members of the Provincial Assembly (each one of the Treasury and opposition benches) and two eminently qualified technocrats were notified---No Local Government Commission was duly appointed by the Government---When Local Government Commission was seized with an inquiry against a Nazim then it was mandatory to co-opt a dis-interested Nazim of District Council as member---Local Government Commission had not been vested with unfettered powers for recommendation of suspension of Nazim, Naib Nazim or a member of local council---Such powers could only be exercised when suspension was necessary for the purpose of fair inquiry and for preventing Nazim and Naib Nazim or a member from continuing with any unlawful activity during the inquiry---If any one of the conditions was attracted then Nazim or Naib Nazim might be recommended for suspension---Local Government Commission was required to assign reasons before such recommendation as to how a fair inquiry could not be carried out during the holding of office by the Nazim or Naib Nazim and which unlawful activities were required to be curtailed---Proposed suspension was a penal action against the Nazim and Naib Nazim---Principle of transparency, fairness, equity and justice should be construed very strictly in circumstances---Relevant notification did not contain any reason for suspension for fair inquiry or preventing the petitioners from continuing with any unlawful activity---Such notification had not been issued in accordance with law---Local Government Commission could only recommend the suspension but it could not pass suspension order---Impugned notification had been issued by the Commission which was an illegality---Inquiry committee on whose recommendations whole exercise had been undertaken was alien to the Khyber Pakhtunkhwa Local Government Act, 2013---Local Government Commission could only recommend the suspension of Nazim or…