The Election Commission of Pakistan (ECP) has ruled out any pressure from any institution in disqualification case of Waheeda Shah.
The ECP spokesman, while referring to discussion in a talk show on a private TV channel recently, the anchorperson asked the guest to comment on the order of the ECP disqualification case, whereupon the guest, amongst other comments, replied that the order passed by the ECP seemed to be the result of pressure of the Supreme Court of Pakistan, as it had taken suo motu notice of the incident of slapping of polling staff by Waheeda Shah, as well as the media, who highlighted the incident.
The aforesaid view of the guest in the talk show 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 25th February, 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 Riaz Kayani, Justice Shahzad Akbar Khan (Retd) and Justice Fazal-ur-Rehman (Retd), who immediately got in touch with Secretary, ECP and asked him to direct District Returning Officer and Returning Officer concerned, through Provincial Election Commissioner, Sindh to take immediate cognisance of the matter under section 86 and 86A of the Representation of the people Act, 1976 and to send their reports regarding the incident.
The next day being holiday (26th February 2012), the aforesaid three members of the ECP met in the Head Office at Islamabad on 27th February and 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 cognisance 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 bye-election were also ordered to be withheld till completion of the enquiry.
On the same day, the CEC and Justice Mohammad Roshan Essani (Retd), who were in Karachi, directed registration of an FIR against Waheeda Shah for the alleged offence in accordance with law. Besides, on the complaint filed by Mushtaq Ali Talpur, another contesting candidate, received on the 27.2.2012, notices were issued to the parties for appearance before the Commission on 6th March, 2012 at Islamabad for hearing of the matter.
It must be noted that all the aforementioned actions were taken by the ECP on its own and without any external pressure. It was on 29th February, 2012 that the Chief Justice of Pakistan took suo motu notice of the application of one Anita Turab and issued certain directions fixing the matter for hearing before an Bench of the Apex Court on March 2, 2012, on which date the representatives of the ECP also appeared and apprised the Apex Court about actions already taken by the ECP.
The subsequent events including the Order, passed by the Returning Officer qua Magistrate first Class on March 5, 2012 holding Waheeda Shah guilty of the alleged offence and penalising her in accordance with law; hearing of the complaint of Mushtaq Talpur by the ECP on March 6, 2012 and passing the judgement upholding the decision of the Returning Officer and on the basis of disqualifying her for contesting future elections for two years and ordering holding of bye-election afresh in the said constituency, amply prove that the aforesaid actions taken by the ECP were the result of the application of law and conscience of the ECP without pressure from any quarter.-PR
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