ISLAMABAD - In the light of existing constitutional provisions, the Pakistan People’s Party returned candidate, who earned notoriety for having resorted to highhandedness during Sindh Assembly’s by-polls in Tando Muhammad Khan, could face disqualification from holding a parliamentary seat.
Waheeda Shah, who unofficially stood victorious in the by-election for Sindh Assembly’s seat PS-53, was caught slapping and manhandling assistant presiding officer and polling agent on Saturday. The Election Commission took notice of the issue on Monday resulting in the registration of First Information Report (FIR) against the accused. The EC also summoned PS-53 by-poll candidates on coming Tuesday. The Supreme Court of Pakistan took suo moto notice of the incident on Wednesday.
Article 63 of the Constitution on the disqualification of members of Majlis-e-Shura (Parliament) says, “A person shall be disqualified from being elected or chosen as, and from being, a member of Majlis-e-Shoora (Parliament) if........ “He is found guilty of corrupt or illegal practice under any law for the time being in force, unless a period of five years has elapsed from the date on which that order takes effect.”
Article 113 of the Constitution on qualifications and disqualifications for the membership of Provincial Assembly says, “The qualifications and disqualifications for membership of the National Assembly set out in article 62 and 63 shall also apply for membership of a Provincial Assembly as if reference therein to “National Assembly” were a reference to “Provincial Assembly.”
The act of Waheeda Shah that drew enormous criticism from general public and political circles is condemned as an unlawful move clearly seen as trying to influence the electoral process by intimidating the Election Commission’s staff appointed at the polling station wherein the incident had occurred. This, as stated in article 63, amounts to disqualification.
In addition, given that the matter has landed in Apex Court, if convicted, Waheeda Shah would face disqualification in the light of another provision of article 63 which says, “He has been convicted by a court of competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force.”
When contacted, Waheeda Shah refused to speak on the issue. In an audibly grim tone, she said, “I’ve had enough calls from media. You people want to make fuss of everything. I’m just fed up,” she said before dropping the call.
Talking to TheNation, PPP Member National Assembly Jamshed Dasti voiced reservations over the “state of mind,” that, according to Dasti, prompted the Sindh Assembly’s returned candidate to resort to violence in public. “Resorting to this kind of unruly behaviour publicly and that too with a female, seriously needs to be determined if Waheeda Shah did this in a sound state of mind.”
“Even if this incident was not filmed, what moral, ethical or legal grounds allow a public representative to disgrace a member of her own sex? The presence of policemen, EC staff and large crowd of voters simply added insult to injury.”
The first clause of the article 63 on the disqualification of a member of Parliament provides for disqualification (if) “He is of an unsound mind and has been declared so by a competent court.”
Dasti demanded of the SC and EC to order re-elections in case Waheeda Shah is disqualified following due provisions of law. “It doesn’t matter if she (Waheeda) belongs to PPP. Nobody is above the law. If found guilty, she must be proceeded against and fresh elections should be conducted for PS-53.”
In Monday’s statement, the EC did not mention of any administrative action to be initiated against the Assistant Presiding Officer Shagufta Memon who conducted a joint press conference with Shah announcing “reconciliation” after the slapping incident. Under existing rules, a government officer cannot address media unless permitted by the higher-ups. Reports suggest that the veiled lady who addressed the media as the victim Shagufta Memon was not her. If proved true, Waheeda might face separate charges of fraud while Memon’s case already invites administrative action, not taken yet.