Law:

Section:

Khyber Pakhtunkhwa Local Government Act (XXVIII of 2013)--- ----S. 119---Constitution of Pakistan, Arts. 123, 129, 130 & 132---Development funds---Distribution---Chief Minister, powers of---Scope---Petitioner, Member of Provincial Assembly, was aggrieved of dropping of Annual Development Program Scheme as funds were not allocated for the projects---Validity---Chief Minister had no authority or discretion vested in him to individually disapprove, discontinue or drop a development scheme from Annual Development Plan once same was approved and assented to by Provincial Legislature---Decisions of Chief Minister were without lawful authority and of no legal effect whereby Annual Development Program Schemes in question were dropped---Discretion to drop or discontinue a development scheme after its approval by Provincial Assembly, vested in the Cabinet---Cabinet was not only bound to assign reasons but was to record plausible justifications in writing for dropping any such scheme---High Court directed to place a part of Annual Development Program Scheme in question before Cabinet for reconsideration and restored the remaining part---Constitutional petition was allowed accordingly. Wali Muhammad's case 2018 CLC 134; Action against distribution of development funds by Ex-Prime Minister Raja Pervaiz Ashraf PLD 2014 SC 131 and Mustafa Impex's case PLD 2016 SC 808 ref. THIS JUDGMENT DELIVERED BY: YAHYA AFRIDI, C.J.--- Ziaullah Afridi, petitioner, seeks the constitutional jurisdiction of this Court praying that:- ` "It is, therefore, very humbly prayed that on acceptance of this Writ petition, this Hon'ble Court may very magnanimously hold, declare and order that:- i. The impugned dropping of the ADP Scheme No.782 (2015-16) "Integrated Development Package for Mahal Terai and surrounding areas of Peshawar" from the ADP 2016-17 and subsequent ADP is illegal, unlawful, without lawfully authority and liable to be reversed and set aside. ii. The respondents are bound to allow funds be allocated for the aforesaid project and work be initiated in its true letter and spirit. iii. Respondents shall restrain from issuing any further adverse action/ order against any of the…

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