The Election Commission of Pakistan on Wednesday disqualified Pakistan People’s Party (PPP) MPA-elect Waheeda Shah for two years and termed her election null and void for slapping two female polling staffers.
The landmark verdict was a split decision by a five-member election commission and Chief Election Commissioner Justice (r) Hamid Ali Mirza and ECP Sindh Member Roshan Aisnai reflected the influence of PPP by opposing the ban.
“Three members of commission voted to disqualify Waheeda Shah for slapping female staffers … while two members, including CEC Justice (r) Hamid Ali Mirza and Justice (r) Roshan Aisani opposed the disqualification … but due to a 3-2 majority, the ECP disqualified Waheeda for two years,” said Afzal Khan, the ECP joint secretary, while talking to reporters. ECP member from Punjab Justice (r) Riaz Kiyani, Balochistan member Justice (r) Fazalur Rehman and Khyber Pakhtunkhawa member Justice (r) Shahzad Ali Akbar decided to disqualify Waheeda Shah.
Per decision, the PPP leader has been barred from taking part in any kind of election for a two-year period, which will end on March 7, 2014.
According to initial vote-count on February 25, 2012, Shah was declared the winner from PS-53 Tando Muhammad Khan, Sindh. However, following the slapping incident, the ECP had withheld official result of the constituency and ordered the registration of an FIR against her.
Later, Chief Justice of Pakistan Justice Iftikhar Muhamamd Chaudhry also took suo motu notice of Waheeda’s act.
The ECP joint secretary said the commission also directed Sindh inspector general of police for taking disciplinary action against DSP Irfan Shah and other police officials, who despite their presence on the scene, remained silent over Shah’s misbeahaviour. Shah was caught on camera while mercilessly slapping two female staffers in presence of police officials inside a polling station. Her rival candidate Mushtaq Talpur later filed a petition with the ECP challenging the PS-53 election. In his petition, Talpur levelled 19 allegations against Waheeda Shah, including slapping two female polling staff. He had also pointed out 11 polling stations where violence and rigging allegedly took place.
The other day, the ECP had completed the hearing on the petition and reserved its decision. During the hearings, Waheeda’s counsel Mustafa Safvi sought apology on behalf of his client for the incident.
A senior ECP official said Shah may also face a jail term as an FIR under section 186 (for obstructing public servant in discharge of public functions) had already been registered against her with the Tando Muhammad Khan police station. He said per law, the accused could face three months in prison.
Mustafa Safvi, counsel for Waheeda Shah, said his client had a constitutional right to file an appeal with the Supreme Court against the ECP decision. When asked whether his client would appeal the decision, he said “it is yet to be decided”.