IHC issues notices to mayor against his removal as CDA chairman

Islamabad:A division bench of the Islamabad High Court (IHC) here on Thursday issued notices to the respondents in an Intera Court Appeal (ICA) filed by Mayor of Islamabad Sheikh Ansar Aziz against his removal from CDA as part time chairman through an IHC single bench judgment dated December 29, 2017.

IHC division bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani issuing notices to the respondents, turned down the appellant's request to issue stay order in this matter.

Aziz in his ICA has nominated Farrukh Nawaz Bhatti and other petitioners on whose petitions, he was removed from the office of Chairman Capital Development Authority (CDA). IHC single bench comprising Justice Athar Minallah on December 29 had set aside two notifications dated September 6, 2016 through which Aziz was first appointed as ex-officio member of the CDA board and then as part time chairman of CDA.

Today's hearing IHC division bench issued notices to the respondents directing them to submit reply within a week. IHC bench in its December 29 judgment had said that the notifications dated September 6, 2016 were issued in violation of the provisions of CDA ordinance and are, therefore, declared as ultra vires, illegal and without lawful authority and jurisdiction. IHC bench had directed 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.

In his ICA, Aziz said that the impugned judgment is not sustainable in law and facts of the case and is liable to be set aside. Through his counsel Taimoor Aslam advocate, Aziz said that the judgment failed to accord due and proper interpretation to the statutory language enumerated in the relevant sections.

Petitioner's counsel argued that the notifications regarding his appointment were declared null & void on the basis mentioned in the judgment that "the notification can by no stretch of imagination be declared as a permanent appointment". Petitioner's counsel argued that there is no mention of the word ‘permanent’ in the section 6 of the CDA ordinance.

In the judgment it was said that the appointment is also unlawful according to the principles of conflict of interest as a company owned by Aziz had been participating in the auctions of plots by CDA. Petitioner's counsel said that the reasoning advanced in the impugned judgment is not in accordance to the facts as sufficient documents had been placed on the record by the appellant to establish that he had resigned from the office of the company in February 2016 and was appointed CDA chairman in September 2016.

Appellant further said that the single bench judgment breaches the coveted borders of the three institutions, executive, legislature and judiciary and enters unknowingly into the realm of the legislature and gives the statute a language that did not exist.  Appellant has prayed to the court to set aside the December 29 judgment.