HYDERABAD: Sindh High Court’s Hyderabad circuit bench on Friday dismissed petition of Grand Democratic Alliance (GDA) candidate Dr Fehmida Mirza against withholding of consolidated results of her NA-230 Badin-II constituency from where she has been officially declared winner though by a thin margin.

The bench comprising Justice Zafar Ahmed Raj­put and Justice Mohammad Iqbal Mahar heard counsel of both parties at length till 2pm and reserved its order. The order was announced at 10pm on Friday.

Dr Mirza had prayed to court to suspend the Election Commission of Pakistan (ECP) letter of July 30 directing the RO to continue the recounting.

The petitioner, through Advocate Shaikh Javed Mir had contended that the returning officer (RO) had started recounting and consolidation of results of the contest and later sent a letter to the provincial election commissioner stating that he had completed the recount in 13 polling stations but could not complete it. He said the RO had sought permission to consolidate results of 13 polling stations and add the results of the remaining polling stations. He informed the bench that the RO had claimed hurdles having been created in the recounting process.

He stated that in response to the RO’s letter, the ECP deputy director through the impugned July 30 letter asked him to continue with the recounting and rest­rain­ed him from announcing consolidated result on forms 48 and 49. He said it had become a dispute that could only be adjudicated upon by the election tribunal.

The counsel argued that even the provincial election commission did not have the authority if it was presumed that the deputy director had issued this letter on PEC’s orders. He said that process of consolidation of provisional result had already started thus recounting could not continue.

With court’s permission, Dr Fehmida Mirza also pleaded her case questioning authority of the deputy director and alleged that mala fide intent was too evident.

“I have remained speaker [of the] National Assembly and even then opposition members will vouch for my conduct as speaker of lower house,” she said, adding that in fact the RO was finding excuses.

Parkash Kumar, who represented PPP’s candidate on NA-230, Rasool Bux Chandio, said that petitioner also concealed facts.

He said that she had created hurdles in the recounting process when she noted that margin of her victory was lessening.

The order issued by the bench said the court found no illegality or violation of any provision of the [Election] Act of 2017 in the issuance of impugned letter. It dismissed the petition “being devoid of any factual as well as legal merit along with pending application”.

Published in Dawn, August 4th, 2018