KARACHI: Former National Assembly speaker Dr Fehmida Mirza and her spouse Dr Zulfiqar Mirza on Saturday approached the Sindh High Court against rejection of their nomination papers by returning officers (ROs) and then an election tribunal.

The couple asked the SHC to set aside the ROs and tribunal’s decisions and sought directives for the Election Commission of Pakistan to accept their candidature from Badin’s national and provincial assembly seats.

The petitioners contended that their nomination papers were turned down over a financial liability, but loans in question had been obtained or written off by companies and not Dr Fehmida herself.

The ROs had rejected their papers on the grounds that their names fell in a default list sent by the State Bank of Pakistan.

On Jan 8, an appellate election tribunal had also dismissed their five election appeals against the orders of ROs and observed that they had failed to mention the financial facility availed by the Mirza Sugar Mills, mainly owned by both the candidates, and also unable to disclose about a judgement and decree of the SHC against the company and Dr Fehmida.

They filed five constitutional petitions in the SHC impugning as many orders passed by the tribunal and ROs.

Citing the ECP, provincial election commissioner, ROs, MCB Bank and others as respondents, their counsel submitted that both the petitioners had filed nomination papers from NA-223 (Badin-II) while former Sindh home minister had also submitted his papers from PS-70, PS-71 and PS-72.

The petitioners stated that Dr Fehmida and her husband’s shareholding in the Mirza Sugar Mills and Pangrio Sugar Mills was limited to 12.7 per cent only.

They submitted that as per the decree, the directors of Mirza Sugar Mills were found liable to pay an amount of around Rs219.7 million.

They also argued that the ROs and tribunal had failed to appreciate even the judgement and decree passed by the SHC in October and November last year as the same had abundantly clear that the liability of directors including Dr Fehmida, raised out of the personal guarantee submitted by her and not pursuant to any loan obtained by her in personal capacity.

The petitioners further maintained that the SHC has already decided that any person holding less than 51pc shares in a company, which was a defaulter regarding a loan, could not be disqualified to contest elections since he/she in his/her personal capacity had not obtained any loan and the same did not fall within the definition of a defaulter.

They asked the SHC to overturn the impugned orders and sought direction for the ECP and other respondents not to allot the election symbol ‘star’ of the Grand Democratic Alliance to any other candidates.

Meanwhile, Aurangzeb Farooqui of the Pakistan Rah-i-Haq Party on Saturday filed a petition in the SHC against the orders of an election tribunal and the RO regarding rejecting his nomination papers from PS-88 on the ground that he was not a registered voter of Sindh.

He submitted that the ECP and other respondents as well as his opponent parties had illegally changed his address in the voters list.

Published in Dawn, January 14th, 2024