ISLAMABAD - The ruling party’s politician from interior Sindh slapped with two-year disqualification from contesting Parliamentary polls is planning to move the Supreme Court against ECP decision to declare the results in her constituency null-and-void, in addition to the ban imposition.
The Election Commission of Pakistan on Wednesday had taken the aforesaid decisions while ordering re-election in the Sindh Assembly’s constituency PF-53 Tando Muhammad Khan wherein Waheeda Shah, the returned candidate, had slapped Presiding Officer and Assistant Presiding Officer Habiba Memon and Shagufta Memon while unlawfully entering the polling room, in an alleged bid to influence the election results in her favour.
The by-poll was held on February 25TH.
Soon after the ECP decision had arrived, Waheeda Shah told this newspaper that she would move the Supreme Court against her disqualification.
Sources close to the PPP leader said that her political associates had advised her not to move the Apex Court on the grounds, if the Court upheld the ECP decision or ordered increase in the disqualification period, Shah would not have any alternate options to go for.
On the other hand, Waheeda Shah is all set to knock the court’s door. Reportedly, the appeal would be launched once the SC disposes the pending case on slapping incident the Apex Court had taken suo moto notice of.
When contacted on Friday, Waheeda Shah said that she was under consultations with her lawyer and close associates to finalise related modalities before going for appeal. Without naming anyone,Waheeda Shah said, some circles within PPP had suggested to her not to move the SC fearing ‘adverse’ outcome.
‘Yes, my well wishers don’t want me to get into litigation but this is the only option I have. I would knock every door to fight my case. I have decided to move the Apex Court and would file an appeal anytime sooner’, she said.
Under dubious circumstances amidst alleged political pressure, the victims of slapping incident Habiba and Shagufta Memon had announced to forgive Waheeda Shah.
However, the ECP proceeded against Shah, in principle, for unlawfully ‘breaking’ into the polling room and trying to influence the electoral process by misusing her status.
Her disqualification came in the light of Article 63, in addition to Section 86 A of the Constitution.
Although, the said article deals with the disqualification of the Parliamentarians and Waheeda Shah had not taken oath to officially become one but being the returned candidate for a Parliamentary Constituency (PF-53), her case was treated accordingly, in the light of electoral provisions.
Meanwhile, the ECP has asserted that it took the decision in Waheeda Shah slapping incident on its own without any pressure from the SC.
In a statement issued on Friday, the Commission rejected the comments made in a television talk show aired on Wednesday that ECP’s order regarding Waheeda Shah seemed to be the result of pressure of the Supreme Court.
‘The aforesaid view-is totally incorrect and unjustified. It is a matter of record that the ECP came into action the moment it came to its knowledge through media on February 25th, 2012 that the sordid incident of slapping the polling staff by one of the contesting candidates at polling station No. 16 of PS-53, Tando Muhammad Khan had taken place. The incident attracted attention of three members of the ECP, namely, Justice (Retd) Riaz Kayani, Justice (Retd) Shahzad Akbar Khan and Justice (Retd) Fazl-ur-Rehman, who immediately got in touch with Secretary, ECP and asked him to take immediate cognizance of the matter under Section 86 and 86A of the Representation of the people Act, 1976 and to send their reports regarding the incident’, ECP said.
‘After perusal of the reports received from the Provincial Election Commissioner, District Returning Officer and Returning Officer directed the Returning Officer concerned to take immediate cognizance of the matter under Section 86A of the Act for alleged violation of the provision of Section 86, hold an inquiry, hear the necessary parties and pass the orders within seven days. Further, the official results of the by-election were also ordered to be withheld till completion of the inquiry, which was to be completed within seven days’, the statement said ,adding, that notices were issued to the parties for appearance before the Commission on March 6th, 2012 for hearing of the matter.
‘The subsequent events-amply prove that the aforesaid actions taken by the ECP were the result of the application of law and conscience of the ECP without any pressure from any quarter’, it added.