The Chief Election Commissioner (CEC) on Sunday upheld an earlier decision of the Election Commission of Pakistan (ECP), barring Waheeda Shah from contesting elections for two years who misconducted and tortured a lady polling officer during bye-election in PS-53.
Announcing the verdict, Chief Election Commissioner (CEC) Justice (retd) Fakhruddin G Ebrahim said that Waheeda Shah had been disqualified from being elected as a member of an assembly for two years in view of her conviction under Section 86(3)(b) of the Representation of People Act, 1976 (ROPA).
Waheeda Shah had been found guilty of slapping presiding officer Habiba Memon and others during polling at polling station No16 on February 25 this year and had, therefore, been found guilty of interfering in the polling process.
The ECP had earlier taken serious notice of the event and by a majority decision, thereafter directed the returning officer to take action under Section 86(3)(b) of the ROPA, 1976.
The Returning Officer, vide a decision on March 5 this year, convicted Waheeda Shah and imposed on her a fine of Rs1,000.
On March 7 this year, the ECP declared the poll of PS-53 void under Section 103AA of the ROPA and disqualified Waheeda Shah from being elected as a member of an Assembly for two years under Section 100 of the ROPA by separate majority decisions.
Subsequently, the Sindh High Court maintained her conviction, but quashed her disqualification on the ground that the power to disqualify under Section 100 of the ROPA vests exclusively with the Chief Election Commissioner and not with the ECP.
In pursuance to the above, a notice was issued on behalf of the CEC to Waheeda Shah for a hearing and the matter was finally argued at length on October 24, and the judgement was reserved.
The CEC has observed that Waheeda Shah had undermined the entire election process and the faith of the country in "our democracy".
"Furthermore, 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."
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