The Election Commission of Pakistan (ECP) Wednesday disqualified Waheeda Shah, a Pakistan People's Party's (PPP's) candidate from PS-53, from taking part in any election for two years for slapping a woman presiding officer. She was declared in the initial vote-count of this Tando Mohammad Khan seat, but following the infamous slapping incident caught on video, the ECP withheld official results and have now disqualified through a 3-2 verdict against Waheeda Shah.
The commission also directed the Inspector General Police Sindh to take stern disciplinary action against a DSP Irfan Shah who failed to provide protection to the polling staff and played a role of a silent spectator when the PPP's candidate was assaulting the ECP officials on February 25.
Sharing details of the short-order with media persons, ECP spokesman Mohammad Afzal Khan said that two members of the commission - Chief Election Commissioner (CEC) former Justice Hamid Ali Mirza and ECP member from Sindh former Justice Roshan Ali Essani were of the view that the application for disqualification of Waheeda Shah was not maintainable. However, the remaining members - former Justice Riaz Ali Kayani (Punjab), former Justice Shehzad Akbar Khan (Khyber-Pakhtunkhwa) and former Justice Fazal-ur-Rehman (Balochistan) suggested an 'exemplary' action against the PPP candidate.
Hence, the Commission took its decision with a majority vote. Therefore, the spokesman added, the view of the majority was accepted. "Directives have been issued to declare as void the bye-election in Tando Mohammad Khan under Section 108 and to disqualify Waheeda Shah for any kind of polls for the next two years," according to him.
He said disqualification would be considered enforced from March 07, 2012 for the next two years while a re-election would be held on PS-53, Tando Mohammad Khan. According to him, the ECP can hold re-polls on the constituency within the next 60 days and the date of the election would be announced by the ECP Secretariat.
To a question, the ECP spokesman said the ECP had given its verdict and Waheeda Shah had the right to move the apex court against the verdict. About DSP Irfan Shah, he said that directives had been issued to IGP Sindh to inform the ECP about a stern disciplinary action against the DSP. According to him, under the rules, police officials are not allowed to enter any poling station. However, the DSP failed in enforcing the law when Waheeda Shah was roughing up the ECP officials.
Reacting to the ECP verdict, Waheeda Shah's counsel Mustafa Safavi told media persons that his client had been given the right to appeal. He was of the view that an appeal could be filed in a high court. However, he added, any future strategy would be evolved after the issuance of a detailed order.
Waheeda Shah has been charged with 19 objections in 11 poling stations ranging from rigging to unlawful use of government machinery. Despite the fact that the ECP summoned Waheeda Shah, she did not appear before the commission and tendered an apology through her lawyer Mustafa Safavi who also told the panel that the incident that took place on February 25 was based on an misunderstanding.
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