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Showing posts with the label Chairman CDA Case Law

Additional Charge of Chairman C.D.A.

PLJ 2018 Islamabad 166 Present :  Athar Minallah, J. FARRUKH NAWAZ BHATTI--Petitioner versus FEDERAL GOVERNMENT through Prime Minister of Pakistan & 3 others--Respondents W.P. No. 3481 of 2016, decided on 29.12.2017. Capital Development Authority Ordinance, 1960 (XXIII of 1960)-- ----Ss. 6(1)(2) & 8--Constitution of  Pakistan , 1973, Art. 199--“Quo warranto”--Islamabad Capital Territory Local Government Act, 2015--“Elected office bearer”--Theory of “Separation of Powers”--Additional Charge of Chairman C.D.A.--Government had elected as mayor and office of mayor is declared as “elected office”, under theory of separation of powers, requires executive and legislature to exercise powers within their respective spheres, there is no concept of nomination of ex-officio member, consequent assignment of functions of chairman on part time basis is void ab initio and illegal--Office of “Chairman” is not a public office, as such, writ cannot be issued--Validity--Fed...