Updated: Wednesday July 20, 2016/AlArbia'a
Shawwal 15, 1437/Budhavara
Asadha 29, 1938, at 05:15:30 PM
The Cantonments Local
Government (Elections) Ordinance, 2002
ORDINANCE LXXIX OF 2002
An Ordinance to provide
for the conduct of local government elections in the cantonments
[18th October, 2002]
Whereas it is expedient to provide for
the conduct of Local Government elections in cantonments for the purposes of
grass-root level participation and to provide adequate linkages and fiscal
arrangements between Cantonments Local Government rind the District Government
within the basic spirit of the Cantonment Act, 1924 (II of 1924);
And whereas the President of
Now, therefore, in pursuance of the
Proclamation of Emergency of the Fourteenth day of October, 1999, and the
Provisional Constitution Order No. 1 of 1999 read with the Provisional
Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers
enabling him in that behalf, the President of the Islamic Republic of Pakistan
is pleased to make and promulgate the following Ordinance:-- -
CHAPTER I
PRELIMINARY
1. Short title, extent and
commencement. ---(1) This
Ordinance may be called the Cantonments Local Government (Elections) Ordinance,
2002.
(2) It extends to all cantonments in
(3) It shall come into force at once.
2. Definitions. ---In this Ordinance, unless the context otherwise
requires,---
(i) “Cantonment”
means an area notified as such under the Cantonment Act, 1924 (II of 1924);
(ii) “Cantonment
Board” means a Board constituted under this Ordinance comprising nominate
and elected members;
(iii) “Cantonment
Administrative Officer” means the person appointed under-this Ordinance to
be the Cantonment Administrative Officer of a Cantonment;
(iv) “Competent
Authority” means the Chief of the Army Staff, Chief of Naval Staff, Chief
of Air Staff or Chairman POF Wah, as the case may be, or his delegatee i.e.,
any other officer nominated by him for any specific purpose to work on his
behalf;
(v) “Council”
for purposes of the Ordinance means a Cantonment Board or a Union Council;
(vi) “district”
means a district notified under the Provincial Land Revenue Acts, 1967 (W.P.
Acts XVII of 1967), including cantonments; and includes a largely urban
district or districts declared to be City District under the Provincial Local
Government Ordinance, 2001;
(vii) “elector”
means a person whose name appears on the electoral roll prepared under section
15;
(viii) “Government”
means the Federal Government of Pakistan;
(ix) “Health
Officer” means the senior executive medical officer in military employment
and is on duty in a Cantonment,
(x) “local
area” means the area as specified in section 3;
(xi) “local
government” includes District Government or a City, District Government,
Zila Council, Cantonment Administration, Cantonment Board, ,Union Council and
Union Administration.
(xii) “Maintenance
Engineer” means the Public Works Officer of that grade or the officer of
the Military Engineer Services of the corresponding grade, having charge of the
military works in a cantonment or, where more than one officer has charge of
the military works in a Cantonment, such one of those officers as the Officer
Commanding the Station may designate in this behalf, and includes the officer
of whatever grade in immediate executive engineering charge of a Cantonment;
(xiii) “member”
means an elected member of a Council. Union Nazim or a nominated or elected
member of Cantonment Board;
(xiv) “muaziaat
or dehs” means revenue estates declared as such under the Provincial Land
Revenue Act, 1967 (W.P. Act XVII of 1967);
(xv) “Naib
Nazim” means Naib Zila Nazim, or Naib Union Nazim.
(xvi) “Nazim”
means Zila Nazim, or Union Nazim;
(xvii) “Officer
Commanding the station” means the armed forces officer nominated by the competent
Authority to be the Officer Commanding the station for purposes of this
Ordinance;
(xviii) “peasant”
means a person who is landless farm worker or, one who during the period of
five years preceding the year in which the election is held, has been the owner
of not more than five Acres of land and depends directly on it for subsistence;
(xix) “President”
means president of the Cantonment Boards;
(xx) “prescribed”
means prescribed by rules;
(xxi) “rules”
means the rules made under this Ordinance;
(xxii) “Vice-President”
means a person elected as such under this Ordinance;
(xxiii) “worker”
means a person who is directly engaged in work, or is dependent of personal
labour for subsistence and includes a worker as defined in. the Industrial
Relations Ordinance, 1969 (XXIII of 1969); and
(xxiv) “Zila
Council” means the Council of a district or a city district constituted
under the Provincial Local Government Ordinance, 2001;
CHAPTER II
LOCAL AREAS AND LOCAL GOVERNMENTS
3. Local Areas. For the purpose of this Ordinance, the following
shall be local areas, namely:---
(i)
(ii)
Cantonments
4. Delimination of Unions. __A Union shall be an area comprising one or more
mauziaat or delis or, in case of an area where revision of settlement under the
law has not been taken, one or more census villages or, in the case of area
with urban characteristics, the whole number of population census blocks as
delimited for the purpose of, the last preceding census or a combination of
whole number of census blocks and a whole number of muaziaat or delis, notified
as such by the Government:
Provided that as far as may be,---
(a) the area
of a union shall be a territorial unity;
(b) the area
of a Union shall comprise a whole number of census blocks as delimited for the,
purpose of the .last preceding population census or a whole number of muaziaat
or delis or a combination of a whole number of census blocks and muaziaat or
delis; and
(c) the
population of unions within a Cantonment shall,, as far as possible be uniform
based on the Union population criteria of the district in which the concerned
Cantonment is located:
Provided further that in specific cases
the Government may, for reasons to be recorded, waive the aforesaid conditions.
5. Delimination of Cantonment into
wards.__(1) The Cantonment Administrative Officer shall
prepare preliminary proposal for delimitation of wards and publish a copy
thereof together with a notice inviting objections and suggestions at his
office or at such other place within the Cantonment as he may consider suitable
and the notice shall specify that objections or suggestions may be filed within
such time as may be specified therein and be presented to the Cantonment
Administrative Officer.
(2) President Cantonment Board shall be
the appellate authority for Cantonment within his jurisdiction for the final
disposal of objections and suggestions with respect to delimitation of wards;
(3) Objections and suggestions not
received within the specified time shall be rejected by the Cantonment
Administrative Officer.
6. Local governments for local
areas.____
There shall be a local
government for each local area comprising,---
(a)
Cantonment Administration and Cantonment Board in each Cantonment; and
(b) Union
Administration and Union Council in each
CHAPTER III
LOCAL GOVERNMENT ELECTIONS
7. Composition of a Zila Council and
appointments in the District Government.__(1) In addition to its composition provided in the
Provincial Local Government Ordinance, 2001, a Zila Council shall also include
as its members, individuals elected by a Cantonment Board falling in a
district, from amongst the members, equal to the number of Unions in the
Cantonment:---
Provided that the
reserved seats in a Zila Council already constituted shall not be changed
during the tenure of the first local governments, constituted under the
Provincial Local Government Ordinance, 2001.
(2) Notwithstanding the provisions of
Provincial Local Government Ordinance, 2001, regarding, appointment of District
Co-ordination Officers and Executive District Officers, in order to strengthen
the administrative and functional linkages between the Cantonment
Administration and the District Government, the officers of Military Land sand
Cantonments Group shall be appointed on deputation or otherwise to such
appointments in the District Government in each province:---
Provided that such appointments in the
above manner shall be made in at least half of such District Governments which
include Cantonment Areas in each province.
8. Composition of Cantonment Board.---(1) A Cantonment Board shall be composed of,---
(a) Officer
Commanding the Station or, if the Government so directs in respect of any
Cantonment, such other Armed Forces Officers as may be nominated by the
Competent Authority;
(b) All
Nazims of Union Councils in a cantonment;
(c) Vice-President
indirectly elected from amongst the Union Nazims of the Cantonment;
(d)
Indirectly elected members on reserved seats which provides,--
(i) such
number of women as represent thirty three per cent of total number of Unions in
the Cantonment; subject to minimum one member; acid
(ii) such
number of peasants and workers as represent five percent. of the total number
of the Unions in the Cantonment; and such number of persons from minority
communities as represent five per cent of the total number of Unions in the
Cantonment:---
Provided that the Government may by
notification in the official Gazette, vary the number of reserved seats to such
extent as it deems fit.
(e) official
members including Health Officer and Maintenance Engineer, nominated by the
Officer Commanding the Station, equal to the number of elected members as given
in clauses (b) and (d);
(2) If in calculating a percentage for
the purposes of clause (d) of subsection (1), the number of reserved seats does
not come out to be a whole number and such number is,---
(a) less
than half, the number shall be rounded down to the next lower number, or
(b) a half or more, the number shall be rounded up to the
next higher number.
9. Composition of Union Councils in
Cantonment. There shall be a Union Council in each
(a) twelve
members, elected to general seats, including four reserved for women;
(b) six
members elected to seats reserved for peasants and workers including two
reserved for women;
(c) one
member elected to a seat reserved for minority communities:
Provided that in a Union where the
population of minorities is in excess of ten per cent of the total population
of the Union, reserved seats for minority communities, shall be allocated in
the manner prescribed by the Government; and
(d) Union
Nazim and Naib Union Nazim:---
Provided that if the situation so
warrants, the Government may vary the number of seats as mentioned in clauses
(a) to (c) through a notification published in the official Gazette.
10. Franchise.(1) Members of Union Council including Union Nazims
and Naib Union Nazims shall be elected through elections based on audit
franchise and on the basis of joint electorate.
(2) Notwithstanding any provision of
Provincial Local Government Ordinances, 2001, Electoral College for the
election or by-election of Zila Nazim andNaib Zila Nazim; reserved seats of
women, peasants and workers, and minorities in the Zila Council, internal
recall of Zila Nazim, and recall of Naib ZilaNazim shall also include all the
members of Union Councils of the Cantonment, including Union Nazims and Naib
Union Nazims:---
Provided that this subsection shall
have effect only after the elections are held to the Union Councils in a
cantonment.
(3) The Electoral College for election
of Vice-President and reserved seats of women, peasants arid workers and
minorities in the Cantonment Board shall, be all members of the Union Councils
in a Cantonment, including Union Nazims and Naib Union Nazims.
Explanations. For
the purpose of this section, all members of Union councils notified as returned
candidates in the elections held-under this Ordinance, shall be deemed to be
members of the Electoral College.
11. Authority for
Local Government Elections.All elections to the Union Councils and Cantonment
Board shall be organized and. conducted by the President according to the rules
made under this Ordinance and such rules may be provided for all matters
connected therewith or incidental thereto, including the time of holding the
elections, by-elections, corrupt or illegal practices and other election
offences and the submission, trial and disposal of election petition:---
Provided that in a Cantonment where no
Board has been constituted, the functions of the President under this section
shall be performed by the Officer Commanding the station.
12. Delimitation of Electoral Wards.(1) The ward for the election of Vice-President, and
for reserved seats of women, peasants and workers and minorities in the
Cantonment Board shall be whole of a Cantonment and for a Union Nazim and Naib
Nazim, a
(2) The
(3) The electoral ward for the election
of Zila Nazim and Naib Zila Nazim shall be a district, including Cantonments.
13. Qualifications for candidates
and elected members.(1) A person shall qualify to be elected or to hold an
elective office or membership of a Local Government, if he,---
(a) is a
citizen of
(b) is at
least twenty five years of age;
(c) is
enrolled as a voter in the electoral roll of the relevant ward;
(d) is of
good character and is not commonly known as one who violates Islamic
Injunctions; has adequate knowledge of Islamic teachings and practices
obligatory duties prescribed by Islam as well as abstains from major sins;
provided that these qualifications shall not apply to a person who is a
non-Muslim, but such a person shall have a good reputation;
(e) has
academic qualifications of not less than Matriculation or Secondary School
Certificate or equivalent from a recognized institution, for contesting the
election of a Union Nazim or Naib Union Nazim;
(f) has not
been declared by a competent Court to be of unsound mind;
(g) is not in the service of the Federal, a Provincial or
a Local Government or, any statutory body or a body which is controlled by any
such government or, in which any of such government has a controlling share or
interest, except the holders of elected public office and part time officials
remunerated either by salary or fee; provided that in case of it person who has
resigned or retired from such service, a period of not less than six months has
elapsed since his retirement;
(h) has not
been dismissed, removed or compulsorily retired from public service on grounds
of moral turpitude;
(i) does not
possess assets which are inconsistent with his declaration of assets or
justifiable means, whether held in his own name or of the depends or any other
person or corporate body in whose name assets arc held in trust or tinder any
other formal or informal arrangement whereby the de facto control of such assets
including their sale, transfer or pecuniary interest, is retained by him;
(j) has not
been adjudged a wilful defaulter of any tax or other financial clues owned to
the Federal, a Provincial, or a local government or any financial institution,
including utility bills outstanding for six months or more;
(k) has not
been convicted by a Court of competent jurisdiction on a charge of corrupt
practice involving moral turpitude or misuse of power or authority under any
law for the time being to force;
(l) has not
been sentenced to imprisonment for more than three months for an offence under
any law and, a period of not less than five year has elapsed since his release;
and in case of a member or a holder of a public office, has not been sentenced
to imprisonment;
(m) has not
failed to file the required return of election expenses or is not convicted for
exceeding the limits of elections expenses prescribed under the electoral laws;
(n) has not
been declared an un-discharged insolvent by any Court;
(o) does not
engage in any transaction involving pecuniary interest with the Local
Government of which lie is a member;
(p) does not
absent himself without reasonable cause from three consecutive meetings of the
Local Government of which he is a member:---
Provided that a member shall not be
disqualified if the absence was necessitated by a national emergency or force
majeure;
(q) does not
fail to .attend a training course when required to do so by law;
(r) has not been and is not involved, in activities
prejudicial to the ideology interest, security, unity, solidarity, peace and
integrity of Pakistan and its people and the good order and harmony of society;
or
(s) has not
used directly or indirectly for his election tile platform, flag, symbol,
affiliation and financial or material resources or support of a political,
religious, ethnic or sectarian party; formation or organization; and
(1) takes oath of membership of the
local government within the specified time.
(2) Whoever,---
(a) is,
found by the President Cantonment Board to have contravened the provision of
subsection (1) shall stand disqualified from being a candidate for election to
a local government for a period of four years; or
(b) having
been elected as a member of local government or being a holder of an elective
office of a council is found by the Government to have contravened the,
provision of subsection (1) shall cease forthwith to be ail elected member or
to hold the office of such member and stand disqualified from being a candidate
for election to a local government for a period of four years.
14. Non-party Election. Local
government elections in a Cantonment shall be held on non-party basis.
15. Joint Candidacy and election.(1) A Union Nazim and Naib Union Nazim shall contest
election as joint candidates.
Provided that on occurrence of a casual
vacancy a candidate for the office of a Union Nazim or Naib Union Nazim shall
contest the election for such office to his individual capacity.
(2) Union Nazim and Naib Union Nazim
securing the highest number of votes as joint candidates shall be declared
elected.
16. Electoral rolls.(1) In every Union the electoral rolls showing the
names of persons qualified to vote at elections to the Union Council shall be
prepared on the basis of the electoral rolls pertaining to the concerned
Cantonment, prepared under section 4 of the Electoral Rolls Act, 1974 (XXI of
1974).
(2) A person shall be entitled to be
enrolled as a voter, if he,
(a) is a
citizen of
(b) is not less than eighteen years of age on the first
day of January of the year in which an election is to beheld;
17. Validity of electoral rolls etc.
not affected by reason of any mistake. The electoral rolls shall not be rendered invalid by
reason of any erroneous description contained therein of any person listed or
.of an omission of the name of any person entitled to be enrolled as a voter or
of inclusion of the name of city person not so entitled.
18. Election to Vacant Seats.(1)
If a seat of a member becomes vacant during the 'terms of office of a council,
a new member shall be elected through by-election and the member elected in
by-election shall hold office for the remaining portion of the term of the
council.
(2) If any, seat reserved for women
remains vacant, the same shall be tilled through by-elections and the elected
woman member shall hold office for the remaining portion of the term of the
council.
(3) All by-elections shall be held once
a year on a date or dates fixed by the President;
(4) A vacancy of a Vice-President and
Union Nazim or Naib Union Nazim shall be filled through by-election within
sixty days of the occurrence of vacancy.
(5) When the office of Vice-President
falls vacant, the elected members of a Cantonment Board shall, by a majority
vote elect an officiating Vice-President from amongst the elected members of
the Board:
Provided that, the officiating
Vice-President shall not be candidate in the by-election held for election of
Vice-President.
(6) When the office of a Union Nazi m,
falls vacant, the members of the concerned Union Council shall by a majority
vote elect an officiating UnionNazim from amongst its members and the person so
elected shall continue to retain his office as a member also:---
Provided that the officiating Nazim
shall not be a candidate in the by-election held for election of the Union
Nazim.
19. Bar against dual membership. A Vice-President, Union Nazim and Naib Union Nazim may
contest election for any political office, except that of a Vice-President,
after resigning from the existing office of Vice-President, Union Nazim or, as
the case may be, Naib Nazim:
Provided that a member of a Cantonment
Board other than a Vice-President, or member: of Union Council may contest
election for any other political officer without resigning from the membership
of the Cantonment Board, or as the case may be, of such Council:---
Provided further
that such member shall not hold more than one office at cite time
20. A member representing Cantonment Board in Zila
Council may be recalled through a majority resolution of the Cantonment Board
Provided that such record member shall retain his membership of the Cantonment
Board.
21. A Union Nazim, if found working against the interest
of the Cantonment may be externally recalled through majority vote by the
Cantonment Board:---
Provided that his external recall is
approved by the Competent Authority.
A member representing Cantonment Board
in Zila Council may be recalled through a majority resolution of the Cantonment
Board Provided that such record member shall retain his membership of the
Cantonment Board.
22. Term of Office. ---(1) The term of office of a local government shall
be four years commencing on the 14th day of August of the year in which
elections are held:---
Provided that the term of office of a
local government for which elections are held for the first time under this
Ordinance shall be for the period ending 14th August, 2005:---
Provided further that a local
government notwithstanding the expiry of its office shall continue to hold
office until the successor local government assumes office.
(2) The Government shall notify the
assumption of offices by the Vice-President, Nazim, Naib Nazim and members of
the local governments.
(3) A Vice-President, Union Nazim or a
Naib Union Nazim shall not hold the same office for more than two terms.
23. Notification to be issued.The results of every election or by-election shall be
notified by the Government.
24. Oath of Office.The elected Nazims, Nail Nazims, Vice-President and
members shall, before assuming the charge of their respective offices make oath
as may be prescribed.
CHAPTER IV
OFFENCE, PENALTY AND PROCEDURE
25. Corrupt Practice. A person is guilty of corrupt practice punishable with
imprisonment for a term which may extend to three years: or with fine which may
extend to fifteen thousand rupees, or with both, if he is, guilty of bribery or
personating or undue influence.
26. Bribery.A person, is guilty of bribery, if he, directly or
indirectly, by himself or by any other person on his behalf,---
(I)
receives, agrees or contracts for any gratification for voting or retraining
from voting or for being or refraining from being a candidate at, or
withdrawing or retiring from an election; and
(II) gives,
offers or promises any gratification to any person,
(a) for the
purpose of inducing,
(i) a person
to be or to refrain from being a candidate at an election; or
(ii) a voter
to vote, or refrain from voting at any election: or
(iii) a
candidate to withdraw or retire from an election; or
(b) for the
purpose of rewarding:---
(i) a person
for having been or for having refrained from being a candidate at an election;
or
(ii) a voter
for having voted or refrained from voting at an election; or
(iii) a
candidate for having withdrawn or retired front an election.
Explanation. In
this section, 'gratification' includes a gratification in money or estimable in
money and all forms of entertainment or employment for reward.
27. Personation. A person is guilty of personation, if he, votes or
applies for a ballot paper for voting, as some other person whether that other
person is living or dead or fictitious.
28. Undue influence. A person is guilty of undue influence, if he,---
(a) compels
any person to vote, refrain from voting, or to induce or compel any person to
withdraw his candidature at an election, directly of indirectly, by himself or
by any other person on his behalf, and,---
(a) makes or
threatens to make use of any force, violence or restraint, or
(b) Inflicts
or threatens to inflict any injury, damage, harm or loss; or
(c) Uses any
official influence or governmental patronage. or
(b) on account of any person having voted or refrained
from voting, or having withdrawn his candidature does any of the acts specified
in sub-specified in subsection (1): or
(c) by
abduction, duress or any fraudulent device or contrivance,
(a) Impedes
or prevents the free exercise of the franchise by a voter; or
(b) Compels,
induces or prevails upon any voter to refrain from, voting or compels any voter
to vote;
Explanation. In
this section, 'harm' includes social ostracism or ex-communication or expulsion
from any caste or community.
29. Illegal practice.A person is guilty of illegal practice punishable with
fine which may extend to two thousand rupees, if he,---
(a) obtains
or procures, or Attempts to obtain or procure, the assistance of any officer or
official of the Federal Government, a Provincial Government or a local
government or authority. to further or hinder the election of a candidate; or
(b) votes,
or applies for a ballot paper for, voting at an election knowing, that he is
not qualified for voting or is disqualified from voting; or
(c) votes,
or applies for a ballot paper for voting more than once at any polling station;
or
(d) removes
a ballot paper or a ballot box from a polling station or destroy, damages or
tampers with the ballot box used at a polling station: or
(e)
knowingly induces or procures any person to do any of the aforesaid acts; of
(f) fails to
provide statement of election expenses as required under this Ordinance; or
(g) makes or
publishes a false statement,---
(a)
concerning the personal character of candidate or his relation calculated to
adversely affect the election of such candidate or, for the purpose of
promoting or procuring the election of another candidate, unless he proves that
he had reasonable ground for believing and did believe, the statement to be true;
or
(b) relating
to the symbol of a candidate whether or not such, symbol has been allocated to
such candidate; or
(c)
regarding the withdrawal of a candidate;
(h) knowingly; in order to support or oppose a candidate
lets, lends, employees hires, borrows or uses any vehicle or vessel for the
purpose of conveying voters to or from the polling station, except when a
person conveys himself or any member of the household to which he belongs, to
or from the polling station; or
(i) causes
or attempts to cause any person present and waiting to vote at the polling
station to depart without voting.
30. Prohibition of canvassing.A person is guilty of an offence punishable with fine
which may extend to two thousand rupees, if he on the polling day in connection
with the election:---
(i)
convenes, call or organise within a ward any meeting; or
(ii) within
a radius of two hundred meters of the polling station,
(a)
canvasses for votes; or
(b) solicits
vote of any voters; or
(c)
persuades any voter not to vote at the election or for a particular candidate;
of
(d) exhibits
except with the permission of the Returning. Officer and at a place reserved
for the candidate or his polling agent beyond the radius of one hundred meters
of the polling station; any notice, sign: banner or flag designed to encourage
the voters to vote or discourage the voters from voting, for any contesting
candidate.
31. Disorderly conduct near polling
station.---A person is guilty of an
offence, punishable with imprisonment for a terns which may extend to three
months or with fine which may extend to six thousand rupees or with both, if
he,---
(a) uses, in
such manner as to be audible within the polling station any gramophone,
megaphone, loudspeaker or other apparatus for, reproducing or amplifying
sounds; or
(b)
persistently shouts in such manner as to be audible within the polling station;
or
(c) does any
act which
(i) disturbs
or causes annoyance to any voter visiting a polling, station for the purpose of
voting; or
(ii)
interferes with the performance of the duty of a presiding or ricer, polling
officer or any other person performing any duty at a polling, station; or
(iii) abets
the doing of any of the aforesaid acts.
32. Pampering
with papers.A person is guilty of an offence, punishable with
imprisonment for a term which may extend to six months, or with fine which may
be extended to six thousand rupees, or with both, if he;
(a)
fraudulently defaces or destroys any nomination paper or ballot paper, or
(b)
fraudulently takes out of the polling station any ballot paper or puts into any
ballot box any ballot paper other than the ballot paper he is authorized under
the rules to put in; or
(c) without
due authority,---
(i) supplies
any ballot paper to any person; or
(ii)
destroys takes, opens or otherwise interferes with any ballot box or packet or
ballot papers in use for the purpose of election; or
(iii) breaks
any seal affixed in accordance with the provision of the rules;
(d) Causes
any delay or interruption in. the beginning conduct or completion of the
procedure required to be immediately carried out on the close of the poll; or
(e)
fraudulently or without due authority attempts to do any of the aforesaid acts.
33. Interference with the secrecy of
voting.A person is guilty of an offence, punishable with
imprisonment, which may extend to six months or with fine which may extend to
six thousand rupees, or with both, if he,---
(a)
interferes or attempts to interfere with a voter when he records his vote; or
(b) in any
manner obtains or attempts to obtain in polling station information as to the
candidate for whom a voter in that station is about to vote or has voted; or
(c)
communicates at any time any information obtained in a polling station as to
the candidate for whom a voter in that station is About to vote or has voted.
34. Failure to maintain secrecy.Any candidate, or polling agent attending a polling
station, or any person attending the counting of votes, is guilty of an
offence, punishable with imprisonment which may extend to six months; or with
fine which may extend to six thousand rupees, or with both, if he,
(a) Fails to
maintain or aid in maintaining the secrecy of voting; or
(b) Communicates any information obtained at the counting
of votes as to the candidate for whom any vote is-given by any particular
ballot paper.
35. Conduct of officials. A presiding officer, polling officer or any other
officer or clerk performing a duty in connection with an election or any member
of a police force, is guilty of an offence punishable with imprisonment for a
terms which may extend to six months, or with fine which may extend to five
thousand rupees or with both, if he, in the conduct or management of an
election or maintenance of order at the polling station,---
(a)
Persuades any person to give his vote;
(b)
Dissuades any person from giving his vote:
(c)
Influences in any manner the voting of any person;
(d) Does any
other act calculated to further or hinder the election candidate.
(e) Fails to
maintain or aid in maintaining the secrecy of voting.
(f)
Communicates, except for any purpose authorized by any law to any person before
the poll is closed any information as to the name or number on the electoral
roll of any voter who has or has not applied for a ballot paper, or has or has
not voted at a polling station; and
(g)
Communicates any information obtained at the counting of votes as to the
candidate for whom any vote is given by any particular ballot paper.
36. Breach of official duty. A presiding officer or any other person employed by
any such officer to connection with his official duties imposed by or under
this Ordnance, is guilty of an offence, punishable with the which may extend to
five thousand rupees, if he without reasonable cause does or omits to do an act
in breach of any such official duty.
37. Assistance by Government
servants. A person in the service of the Federal Government, a
Provincial Government, a Local Government or a body owned or controlled by the
Federal or a Provincial Government is guilty of an offence punishable with
imprisonment, for a term which may extend to six months, or with fine which may
extend to five thousand rupees, or with both if he, in any manner, gives any
assistance calculated to further or hinder the election of a candidate.
38. Summary trial. All offences under this Ordinance, except the offences
under sections 24 to 27 shall be triable summarily under the Code of Criminal
Procedure, 1898.
39. Cognizance.
CHAPTER V
MISCELLANEOUS
40. Overriding effect.
The provisions of this Ordinance
shall have effect notwithstanding anything contained in the Cantonment Act,
1924 (II of 1924) or any other law for the time being in force.
41. Power to make rules. The Government may, by notification in the official
Gazette, make rules to give effect to the provision of this Ordinance.
42. Removal of difficulties. The Government may, by order, provide or the removal
of any difficulty, which may arise in giving effect to the provisions of this
Ordinance.
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