Mayor Ansar Aziz’s additional charge as CDA Chairman declared illegal

Federal govt directed to initiate procedure to select eligible person

Zubair Qureshi

The Islamabad High Court (IHC) here on Friday declared Islamabad Mayor Sheikh Ansar Aziz’s additional charge of Capital Development Authority’s (CDA) top slot as illegal and unlawful. The court set aside the notifications appointing him ex-officio member of CDA board and then part-time chairman.
Justice Athar Minallah of the IHC disqualified Sh Ansar Aziz citing ‘conflict of interest’ that he was required to submit a statement to the federal government prior to his appointment.
The court in a 38-page detailed judgment disposed of 4 writ petitions on the ground that the appointment of Aziz was made in violation of Section 6 read with section 8 and the law enunciated by the august Supreme Court. Responding to the arguments of an Additional Attorney General (AAG) Afnan Karim Kundi that the office of Chairman CDA was not a public office, IHC bench said that the positions of members CDA board and Chairman definitely fell within the ambit of the expression ‘public office’.
Federal government on September 6, 2016 through a notification had appointed Aziz as member CDA board and on the same day through another notification appointed him part-time Chairman CDA. The IHC bench in Friday’s judgment said both the notifications were issued in violation of the provisions of CDA ordinance and are, therefore, declared as ultra vires, illegal and without lawful authority and jurisdiction.
The bench directed the federal government to forthwith initiate the process for selection of an eligible person to be appointed as member of the CDA board for fixed term as specified under section 6(3) of the CDA ordinance and also complete the selection process and appoint a Chairman for a fixed period of five years from amongst the members. Federal Government shall complete the process within 45 days from the date of announcement of this judgment. It says that the CDA board members if hit by the disqualification or were appointed in violation of the settled law then in order to ensure continuity they may continue to serve till appointments have been notified in accordance with the law. The bench however granted protection of the acts and action undertaken during the period with Aziz being part-time Chairman CDA. The petitioner Farrukh Nawaz Bhatti and three others had challenged the notifications through which Mayor of Metropolitan Corporation of Islamabad (MCI) Sh Ansar Aziz was given the additional charge of the part-time Chairman CDA. Aziz was elected as mayor of the MCI after Local Government elections in 2015.
The petitioner’s counsels G M Chaudhry, Raja Muhammad Shafqat Abbasi and Husnain Ibrahim Kazmi had argued that the doctrine of separation of power in the Constitution required the executive and the legislature to exercise powers within their respective spheres.
Under the Islamabad Capital Territory (ICT) Local Government Act (LGA) 2015 Aziz was elected as mayor. His appointment as Chairman CDA was in violation of Section 3 of the LGA. They were of the view that Mayor was an elected office whereas member of CDA board is appointed for a fixed term.

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