ECP denies GDA election symbol ‘star’ to Fehmida Mirza

ISLAMABAD: The Election Commission of Pakistan (ECP) on Wednesday declined to allocate the Grand Democratic Alliance’s election symbol ‘star’ to former National Assembly speaker Dr Fehmida Mirza to contest the NA election from Badin.

Dr Fehmida Mirza had filed nomination papers from NA-223 Badin-ll, which were initially rejected by the returning officer concerned as well as the Appellate Tribunal. But finally, she was able to get relief from the Sindh High Court, and her nomination papers were accepted on January 18. However, she wanted to be allotted the GDA’s election symbol ‘star’ and the returning officer had sought instructions from the Election Commission in this connection.

The full five-member Election Commission held a meeting and perused the all available record and passed a unanimous order, and said it had announced the programme on December 15 for the conduct of General Election 2024, wherein the date for withdrawal of candidature was January 12 and poll symbols were allocated on January 13.

The commission explained in its order two-page order that Fehmida Mirza got relief from the High Court on January 18. “…whereas Muhammad Hassan Mirza a contesting candidate submitted his nomination papers from the same constituency, which were accepted and on provision of party ticket of GDA was allocated the symbol of ‘star’,” the order says.

The commission said that after the acceptance of the writ petition filed by Fehmida Mirza, she filed an application to the provincial election commissioner, which was forwarded by the PEC to the concerned returning officer for information and ‘necessary action’, who sought guidance from the PEC, which then wrote to the ECP.

The order says Hassan Mirza is still in field and has not withdrawn his nomination till date and that a party symbol cannot be allotted to two candidates of the same political party at the same time. The High Court has accepted the writ petition of Fehmida Mirza to the extent of the acceptance of nomination papers.

It said the allotment of the symbol in terms of Section 67 of the Elections Act 2017 was the mandate of the returning officer subject to any direction of the commission.

The order said, “Now therefore, the commission by taking into consideration the material available on the record has come to the conclusion that the stages of allocation of symbol and awarding of party certificate have passed. In presence of nominee of GDA who has been allotted symbol by the RO duly reflected in Form 33 cannot be reviewed at this belated stage.”

“The commission in exercise of its powers under Article 218(3) read with sections 4 and 8© and 67 of the Elections Act, 2017 and all other enabling provisions in this behalf directs the Retuning officer to revise Form-33 by including the name of Fehmida Mirza as contesting candidate in compliance with the order passed by the Honourable sindh High court in writ Petition mentioned in the subject. The returning Officer has already allotted symbol of GDA to Muhammad Hassam. The Returning officer may allot symbol to Ms Fehmida Mirza from available symbols for independent candidates,” the order said.