ISLAMABAD: The removal of the entire board of the Capital Development Authority (CDA) on the orders of the Election Commission of Pakistan (ECP) has been challenged in the Islamabad High Court (IHC).

Justice Miangul Hassan Aurangzeb hearing a petition moved by CDA Board Member Waseem Bajwa summoned the law director general of the election watchdog on Wednesday (today).

The petitioner’s counsel, Raja Inam Ameen Minhas, argued before the court that ECP’s mandate is to conduct free and fair elections; however, the commission issued the direction to the CDA chairman for immediate replacement of all the members of the board with upright and neutral officers.

Advocate Minhas argued that while the deputy commissioner and Islamabad’s Inspector General of the Police Akbar Nasir Khan who played an important role in the elections, were still on their posts, the members of the CDA board who could hardly influence the elections were transferred.

Petitioner terms ECP order ‘discriminatory’, violation of fundamental rights

According to the counsel, the post of the petitioner was “not an administrative post rather it is purely a technical position and in no way can influence elections”.

Advocate Minhas argued that “the ECP passed the direction only to the extent of members of CDA Board, whereas the elections are being held across Pakistan and there are a number of autonomous bodies, like LDA, KDA, QDA, PDA and RDA etc functioning … [the] the respondents opted discriminatory policy towards the petitioner and violated the fundamental rights.” The petition cited ECP, secretaries cabinet, interior and establishment division as respondents.

It requested the court to declare that the ECP’s directions to these respondents were “in violation of fundamental rights” and contradictory to Section 8 of the Elections Act, 2017. The petition requested that the directions of the ECP “may kindly be declared as illegal, unlawful” It prayed to the court to set aside the posting/transfer order of the petitioner.

It may be mentioned that after a multi-billion land scam was highlighted in the media, the ECP issued orders for the removal of CDA members. The civic agency initially transferred the member and director land.

On Sept 5, the ECP in a report stated, “CDA and ICT administration play an important role in the conduct of the free and fair election. It has been desired as the General Elections are at hand, the CDA members may be transferred to the Establishment Division. Moreover, the officers of CDA cadre in such senior positions may be shuffled. In both cases, officers with good repute and natural dispensation should be posted to ensure conduct of free and fair elections.”

After the order was ignored, the ECP once again asked the CDA to comply with the directions and issued a show-cause notice to Chairman Anwarul Haq for non-compliance with the ECP order. Subsequently, the members of the board were removed.

Published in Dawn, October 18th, 2023