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Thursday April 18, 2024

Appointment of capital mayor as part-time CDA chief challenged

By Faisal Kamal Pasha
September 29, 2016

ISLAMABAD:Two petitions have been filed in the Islamabad High Court (IHC) against the appointment of Islamabad Mayor, Sheikh Ansar Aziz, as part-time  CDA chairman .

Petitioners Farrukh Nawaz Bhatti and Raja Ehsan, through their counsel G M Chaudhry and Raja Shafqat Abbasi, have contended before the IHC that their is no concept of part-time CDA chairman  in the law, besides mayor, Islamabad, does not qualify to become part of CDA board under the rules.

Petitioners have cited the federal government through Prime Minister Secretariat, Secretary Capital Administration & Development Division (CADD), Secretary Establishment Division and Chairman Capital Development Authority (CDA) Sheikh Anser Aziz as respondents.

Petitioners contended in their writ petitions that Sheikh Ansar Aziz has to reply that under what authority of law he is holding the office of the CDA Chairman  (on part time basis) that is under the administrative control of the Ministry of CADD as well as overall administrative control of the federal government through the PM. The Petitioners said that Aziz, through a notification dated September 6, 2016, was nominated Chairman CDA.

According to the petitioners the notification was illegal, without lawful authority, in conflict of interest, in violation of law and principle of separation of powers. The petitioners said that the Islamabad Capital Territory (ICT) Local Government Act is subservient to the CDA Act 1960. It is strange that the head of subservient institution has been appointed as a head of its superior institution.

Sheikh Ansar Aziz was elected as Mayor and not chairman CDA. Mayor office got limited functions under the ICT local government act while CDA got more powers. Then the appointment of Aziz as chairman CDA is illegal, petitioners said.

The petitioners have prayed to the court to seek reply from the mayor/chairman CDA that under what authority of law, he is holding the office of the chairman CDA. The petitioners further prayed that the notification regarding appointment of Sheikh Ansar Aziz as chairman CDA as well as all his functions he performed in this capacity be declared illegal.