ISLAMABAD - The Islamabad High Court (IHC) on Tuesday declared appointment of Special Assistant to the Prime Minister on CDA Affairs Ali Nawaz Awan as chairman Local Government Commission null and void. 

A single bench of IHC comprising Justice MohsinAkhtarKayani announced the short order declaring Nawaz’s appointment as chairman of the Commission as null and void during a hearing into the petition filed by Islamabad Mayor Sheikh Ansar Aziz. 

The IHC bench ruled that Nawaz’s appointment as chairman of the Commission was against the code of conduct and ordered his removal from the said office. The court also directed the relevant authorities to prepare the rules for the appointment of chairman within six months. 

The bench had reserved its decision on the petition filed by Ansar Aziz after hearing the arguments of all the parties.

Earlier, the court had sought the record related to appointment of Awan as the chairman of the commission and the government informed the court that initially a summary containing three names had been forwarded to the federal cabinet for the appointment.

The counsel representing Awan said that the summary was not considered and a new summary containing the name of Awan was resent to the cabinet. Petitioner’s counsel Kashif Ali Malik contended that the position was never advertised and the post was filled in contradiction with the rules.

Advocate General Islamabad Nizaullah Khan Niazi argued that the Supreme Court in a case related to reappointment of the chief of army staff had set a precedent that the federal government may be given ample time for framing of the rules to give legal cover to any position.

He further said that appointments of superior courts judges as well as chairman National Accountability Bureau were made without advertisement. Advocate Malik responded that the mechanism for appointments of judges and NAB chief had been laid down in the Constitution as well as in the statute.