PESHAWAR - The Peshawar High Court (PHC) has summoned the provincial government to address a petition by May 2, contesting the sanctioning of the April budget for vital expenses without the approval of the Khyber Pakhtunkhwa Assembly.
Justices Ejaz Anwar and Shahid Khan presided over the case, brought forward by opposition leader Ibadullah Khan of the Khyber Pakhtunkhwa Assembly, represented by lawyer Amir-ur-Rahman Yousafzai.
The petition urges the court to deem the government’s actions illegal and unconstitutional. The respondents in the case include the provincial government, the speaker of the provincial assembly, and the secretary finance.
The petitioner highlights that the caretaker government had presented a four-month budget under Article 126 of the Constitution, while the current provincial government submitted a budget for March under Article 125.
The petitioner recalls a previous PHC order for the KP Assembly speaker to swear in reserved seat lawmakers, which the government circumvented by not convening a budget session, opting instead to present a budget under Article 126 — a move deemed unconstitutional.
The petitioner argues that rather than convening the budget session, the incumbent government opted for a one-month budget under Article 126, akin to the caretaker government’s approach.
The petitioner points out that the Constitution outlines separate procedures for budget presentation by caretaker and elected governments.
Seeking the court’s intervention, the petitioner urges the government to convene the KP Assembly session to authorise essential expenditure until the regular budget presentation.
Following deliberations, the bench has directed the Khyber Pakhtunkhwa advocate general to respond on behalf of the provincial government by May 2.