' SALIM KHAN, J.---Writ Petition No.1847 of 2006 by Israr Muhammad against Tehsil Naib Nazim Tehsil Lahore of District Swabi and two others and Writ Petition No.1894 of 2006 by Muhammad Naeem against the same respondents relate to the same questions of law, though with slight difference in basic facts. Israr Muhammad alleges that he is the Chairman of Executive Committee of Thooba Welfare Society Citizen Community Board (CCB) Union Council Soodhcr of Tehsil Lahor in District Swabi. Muhammad Naeem alleges . That he is the Chairman of the Executive Committee of Rana Welfare Society Citizen Community Board (CCB) of Union Council Lahor (E) of District Swabi.
2. It is alleged in both the petitions that the Community Infrastructure Project-II (CIB-II) approved amounts for Tehsil Lahor, that projects for schemes of community welfare and development were assigned to the two respective societies, the newly elected Tehsil Council passed resolution to take away the said projects from these two societies which were given to `Buland Hosla' and `Azaad' CCBs respectively, that the Chief Minister issued directions to the Local Administrator, but in vain, hence, these writ petitions.
3. Learned counsel for the respective petitioners referred to the Provisions of section 98 of the North-West Frontier Province Local Government Ordinance 2001 (the N.-W.F.P. Ordinance No.XIV of 2001) (hereinafter referred to as 'the Ordinance) and contended that the Citizen Community Board shall have a general body of its members with an elected Chairman, an Executive Committee and a Secretary of the Board for carrying out its functions. He also referred to the Provisions of section 99, which refers to the business of the Citizen Community Board, including the meetings, the maintenance of annual statements of accounts and the record as well as the funds of the Board.
He was of the view that the. Chairman of the Citizen Community Board could sue on behalf of the Community Board. He referred to the resolution of the Thooba Welfare Society Citizen Community Board, through its Executive Members vide which they had authorized Gohar Ali son of Sarwar Khan for conducting case on behalf of the said Board against Tehsil Council. He also referred to such a resolution by Rana CCB who had authorized Muhammad Naeem Chairman to conduct legal proceedings in this respect as deemed proper by him. He was of the view that . Muhammad Naeem and Israr Muhammad were duly authorized persons.
4. Subsection (2) of section 101 of the Ordinance provides that the Citizen Community Board shall sue and be sued in the name of its Executive Committee. Both the petitioners have filed these petitions in their private names. The learned counsel for the respondents, however, referred to sections 70-A and 70-B of the Ordinance, which relate to setting aside the resolution of Tehsil Council by the Zilla Council and the Chief Executive of the Province respectively. He also referred to section 190 of the same Ordinance and contended that any person aggrieved by any order passed by a Local Government or its functionaries, in. Pursuance of the said Ordinance or the Rules or by laws made thereunder, could appeal to such authority, in such manner and within such period as may be prescribed. He was of the view that the writ petitions were not maintainable as no appeal was filed, by the petitioners, 'though the said remedy was available to them. He, however, could not produce any rules prescribing the manner and the period in which such appeal could be filed to a certain authority.
5. We perused the record during the arguments of the learned counsel for the parties.
6.
The whole scheme of the N.-W.F.P. Local Government Ordinance, 2001 is that the internal disputes between the organizations, the officers, the authorities and the Local Governments at different levels are to be settled internally through the niechanisin provided. In the Ordinance itself. Section 132 of the said Ordinance provides the functions of the Provincial Local Government Commission. It is one of the functions of the said Commission to take cognizance of violations of laws and rules by a Local Government in the performance of its functions. The other of its functions is to conduct, on its own initiative or, whenever so directed by the Chief Executive of the Province, an inquiry by itself or through District Government into any matter concerning a Local Government.
7. The petitioners had the remedy to avail the facility provided to them by the A provisions of clauses (b) and (g) of subsection (1) of section 132 mentioned above. They have not opted for the same as yet. The provisions of Article 199 of the Constitution of the Islamic Republic of Pakistan, in these circumstances, are not attracted. The above mentioned two writ petitions, therefore, are not maintainable and are hereby dismissed.