Waheeda Shah slapped with two-year ban
Election commission upholds decision to bar PPP leader from contesting elections.
ISLAMABAD:
The appointment of the new chief election commissioner appears to have changed the fate of Pakistan Peoples Party leader Waheeda Shah, as the election commission has upheld its earlier decision of disqualifying her from contesting elections.
The ruling party’s electoral candidate for the by-polls for Sindh Assembly seat PS-53 had made headlines earlier this year after she was caught on camera slapping a polling officer and interfering in the polling process on the voting day.
“Waheeda Shah has undermined the entire election process and the faith of the country in our democracy. Elections and their results will become farcical if candidates are given a free hand to coerce, threaten or abuse election officials and therefore, such conduct cannot be condoned,” observed Chief Election Commissioner Justice (retd) Fakhruddin G. Ebrahim in his decision on Sunday.
In March, the Election Commission of Pakistan had announced a two-year ban on Waheeda Shah from taking part in elections and nullified the result of the Badin by-poll that took place on February 25.
Three commission members from Punjab, Khyber-Pakhtunkhwa and Balochistan had voted in favour of the ban while the member from Sindh, Justice (retd) Hamid Ali Mirza, also the then chief election commissioner, voted against her disqualification.
Waheeda then approached the Sindh High Court against the decision. The court maintained her conviction but quashed the disqualification on the grounds that power to disqualify under Section 100 of the Representation of Peoples Act, 1976, rests exclusively with the chief election commissioner and not with the election commission.
On Sunday, contrary to the stance of his predecessor on the issue, the incumbent chief election commissioner upheld the decision of Waheeda’s disqualification.
Meanwhile, taking note of complaints received from several individuals as well as political parties regarding postings and transfers at PS-21 Naushero Feroze, where by-election will be held on November 17, the Election Commission of Pakistan has directed Sindh’s provincial election commissioner to have all postings and transfers of officials after the issuance of the election schedule cancelled immediately.
The Sindh inspector general of police has cancelled the posting of the Kandiaro DSP. The chief election commissioner has directed the Sindh chief secretary to ensure that state resources are not used for electoral campaigning in favour of any candidate.
Section 100 of the Representation of Peoples Act, 1976
Disqualification on account of certain offences: where a person has been convicted for having exceeded the limit of election expenses laid down by Section 49 or having failed to file the return of election expenses in accordance with Section 50 or for any other offence under this act; or has been found guilty of any corrupt or illegal practices by a tribunal, he shall, if the commissioner makes an order to that effect, be disqualified, for such period not exceeding five years as may be specified in the order from being or being elected as, a member of an assembly.
Published in The Express Tribune, November 5th, 2012.
The appointment of the new chief election commissioner appears to have changed the fate of Pakistan Peoples Party leader Waheeda Shah, as the election commission has upheld its earlier decision of disqualifying her from contesting elections.
The ruling party’s electoral candidate for the by-polls for Sindh Assembly seat PS-53 had made headlines earlier this year after she was caught on camera slapping a polling officer and interfering in the polling process on the voting day.
“Waheeda Shah has undermined the entire election process and the faith of the country in our democracy. Elections and their results will become farcical if candidates are given a free hand to coerce, threaten or abuse election officials and therefore, such conduct cannot be condoned,” observed Chief Election Commissioner Justice (retd) Fakhruddin G. Ebrahim in his decision on Sunday.
In March, the Election Commission of Pakistan had announced a two-year ban on Waheeda Shah from taking part in elections and nullified the result of the Badin by-poll that took place on February 25.
Three commission members from Punjab, Khyber-Pakhtunkhwa and Balochistan had voted in favour of the ban while the member from Sindh, Justice (retd) Hamid Ali Mirza, also the then chief election commissioner, voted against her disqualification.
Waheeda then approached the Sindh High Court against the decision. The court maintained her conviction but quashed the disqualification on the grounds that power to disqualify under Section 100 of the Representation of Peoples Act, 1976, rests exclusively with the chief election commissioner and not with the election commission.
On Sunday, contrary to the stance of his predecessor on the issue, the incumbent chief election commissioner upheld the decision of Waheeda’s disqualification.
Meanwhile, taking note of complaints received from several individuals as well as political parties regarding postings and transfers at PS-21 Naushero Feroze, where by-election will be held on November 17, the Election Commission of Pakistan has directed Sindh’s provincial election commissioner to have all postings and transfers of officials after the issuance of the election schedule cancelled immediately.
The Sindh inspector general of police has cancelled the posting of the Kandiaro DSP. The chief election commissioner has directed the Sindh chief secretary to ensure that state resources are not used for electoral campaigning in favour of any candidate.
Section 100 of the Representation of Peoples Act, 1976
Disqualification on account of certain offences: where a person has been convicted for having exceeded the limit of election expenses laid down by Section 49 or having failed to file the return of election expenses in accordance with Section 50 or for any other offence under this act; or has been found guilty of any corrupt or illegal practices by a tribunal, he shall, if the commissioner makes an order to that effect, be disqualified, for such period not exceeding five years as may be specified in the order from being or being elected as, a member of an assembly.
Published in The Express Tribune, November 5th, 2012.