KARACHI: An election tribunal on Thursday allowed election appeals of the Pakistan Tehreek-i-Insaf (PTA) leader Syed Firdous Shamim Naqvi against rejection of his nomination papers for a National Assembly seat in the city.

Headed by Justice Khadim Hussain Tunio of the Sindh High Court, the tribunal directed the returning officer (RO) to accept all three nomination papers of the appellant for NA-236 (Karachi East-II) forthwith.

It observed that there was not a single mention of anything related to election symbols in the relevant law and just because the PTI lost its electoral symbol did not mean that nomination papers of every single candidate of the party were rejected.

The tribunal also noted that the legislature had not offered anything for such extreme measures nor had the same expressly been provided in the election law.

The former PTI lawmaker, who is presently under house arrest in connection with a case related to the violent incidents of May 9, had through his attorney filed three nomination papers for the same constituency, but the RO had rejected all on the ground that his party had lost its electoral symbol.

Rejects independent candidate’s appeal against returning officer’s ruling

Thereafter, three election appeals were filed against the decisions of the RO and the counsel for the appellant contended that multiple identical nomination papers were filed on behalf of the PTI leader as a precautionary measure after incidents of harassment and abduction of seconders and proposers were reported, especially from Punjab.

Representing the appellant, Jibran Nasir argued that taking back of the party’s electoral symbol was not a valid ground to reject the nomination papers of appellant as the stage of allotting symbols to candidates came subsequent to the scrutiny of nomination papers.

The objector, Hassan Sabir Advocate, who is a candidate of Muttahida Qaumi Movement-Pakistan from the same constituency and filed objections before the RO, argued that the candidature of the appellant was correctly turned down and the impugned orders did not call any interference.

However, representatives of Election Commission of Pakistan (ECP) as well as an assistant attorney general and assistant advocate general Sindh conceded to the fact that the RO passed the impugned orders erroneously as provision of electoral symbol was not a requirement under the law.

Referring to Sections 60 and 61 of Election Act, the tribunal in its order said, “Invariably, there is not a single mention of anything related to election symbols above. Merely, because the election symbol of PTI has been rejected did not mean that every single candidate related to that party had to have had their nomination papers rejected; the legislature did not provide for such extreme measures or the same would have been expressly provided for under the Act”.

An RO must confine findings pertaining to nomination papers to the contents therein while keeping in view regulatory provisions pertaining to the same, allowing for greater and maximal participation in the electoral process, it added.

It also observed that the date of allotment of election symbols to contesting aspirants was set for Jan 13, two weeks after the last date for scrutiny (Dec 30), thus the RO could not have rejected the candidature of appellant on the ground that his party had failed to obtain electoral symbol.

Independent candidate’s appeal

The same tribunal on Thursday dismissed an election appeal filed by an independent candidate against rejection of his nomination papers.

The appellant, Mazhar Ali Junejo, approached the tribunal after his candidature was turned down by the RO of PS-86 (Malir-III).

Representatives of the ECP contended that the candidature of the appellant was rejected as his seconder was not residing in the same constituency, defying the mandatory provision of election law.

Meanwhile, three election tribunals, set up at SHC’s principal seat, on Thursday issued notices to the ECP, ROs and other respondents for Jan 6 on around 60 election appeals, including the appeals filed by Grand Democratic Alliance (GDA) leaders Dr Fehmida Mirza and her spouse Dr Zulfiqar Mirza.

Their nomination papers for two National Assembly and three provincial assembly seats from Badin were rejected.

The tribunals also put the respondents on notice on the appeals filed by PTI MNAs Attaullah, Faheem Khan and Aftab Jahangir.

Published in Dawn, January 5th, 2024