HYDERABAD: An election tribunal has dismissed petitions challenging election of MNAs of Pakistan Peoples Party Parliamentarians and Grand Democratic Alliance, Shazia Marri and Dr Fahmida Mirza, respectively.

Ms Marri’s victory on NA-216 (Sanghar) was challenged by her rival GDA candidate Kishanchand Parwani, and a PPP candidate Rasool Bux Chandio had taken Ms Mirza to court over his defeat on NA-230 (Badin).

The tribunal headed by Justice Amjad Ali Sahito of the Sindh High Court’s Hyderabad circuit bench, who decided the petitions the other day, said in separate orders that the tribunal did not find any illegality or connivance committed by the two MNAs to win election.

The GDA’s Parwani had claimed in the petition that Mr Marri (incumbent federal minister for Benazir Income Support Programme) who had been contesting elections since 2008 claimed to be a graduate having a bachelors’ degree from Karachi University and he had learnt that her degree had been challenged in Sindh High Court’s principal seat.

He challenged nomination and candidacy of Ms Marri accusing her of corrupt practices as defined in section 175 of the election act and said she had used degree of another person having similar name as hers, Shazia daughter of Atta Mohammad, who was a resident of Lyari, Karachi.

He said the PPP candidate did not meet criteria for candidate as laid down under Articles 62 and 63 of the constitution and was thus ineligible to become member of National Assembly. Therefore, her election be declared void and the petitioner be declared winner, he said.

He said that details such as name, date of birth, father’s name, address and signature on the enrolment form of the purported degree were different from that of Ms Marri’s.

Ms Marri argued in her statement that her qualification had been verified in pursuance of Supreme Court verdict through Higher Education Commission (HEC) and Karachi University.

She said the petitioner had tried to get her disqualified through a forged and fraudulent enrolment form, matriculation certificate, intermediate marks sheet and national identity card.

She categorically stated that her date of birth was Oct 8, 1972, in all the documents and therefore requested the tribunal to dismiss the petition.

Ms Marri’s counsel, Parkash Kumar, said that all allegations against his client were based on fabrication and forgery and were liable to be rejected.

Assistant Attorney General of Pakistan Ghulam Abbas Sangi and Zaheer Abbas, law officer at Election Commission of Pakistan (ECP), contended the petitioner did not challenge any infringement in election process.

They said that the instant petition was based on the single ground that Ms Marri had impersonated her namesake’s degree which the petitioner had failed to prove.

They said that no evidence was produced which showed that any illegality had been committed in obtaining results with the connivance of officials or in contravention of mandatory provisions of the relevant law nor was this the petitioner’s plea.

Justice Sahito observed that documents produced before the court negated the petitioner’s claim and observed “I hold that the respondent has not impersonated or filed fabricated qualification documents or used forged NIC in violation of election laws”.

Ms Mirza’s rival PPP candidate Rasool Bux Chandio, who lost to her on NA-230 (Badin) and had opted for vote recount as well, accused Ms Mirza of concealment of facts and assets in nomination forms. He also referred to a loan transaction involving Ms Mirza that had already been decided by the court in another litigation.

Mr Chandio, who was represented by Parkash Kumar advocate, said that Ms Mirza had won election in connivance with election staff and police officer Nazir Abro. She had taken loan for sugar mills but did not disclose it in her nomination form, he said.

Ms Mirza’s counsel Noorul Haq Qureshi contended that the loan transaction issue had been settled by Sindh High Court.

He said that Ms Mirza had in fact presented details of her land that had not been mentioned by her rival. His client and her husband had jointly owned 12.5 per cent shares in the mills which were not the controlling shares, he said.

He rejected charges of corrupt practices and rigging in elections and said that Ms Mirza was contesting against a candidate who was backed by the then ruling party.

The tribunal did not find any illegality or connivance by Mr Mirza with polling staff in NA-230 constituency and hence rejected the petition against her.

Published in Dawn, November 14th, 2022