Updated: Tuesday January 23, 2018/AthThulatha
Jamada El Oula 07, 1439/Mangalavara
Magha 03, 1939, at 05:41:57 PM
The Elections Act,
2017
ISLAMABAD,
MONDAY, OCTOBER 2, 2017
PART
I
Acts, Ordinances, President’s
Orders and Regulations NATIONAL ASSEMBLY SECRETARIAT
Islamabad, the 2nd October, 2017
No. F.22(27)/2017-Legis.—The
following Act of Majlis-e-Shoora (Parliament)
received the assent of the President on the 2nd October, 2017 is herey
published for general information.—
ACT NO. XXXIII OF 2017
An Act to amend, consolidate and unify laws
relating to the conduct of elections.
WHEREAS it is
expedient to amend, consolidate and unify laws relating to the conduct of
elections and matters connected therewith or ancillary thereto;
It is hereby enacted as
follows:—
(1435)
Price: Rs. 83.50
[1664(2017)/Ex. Gaz.].
1436 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
CHAPTER
I
PRELIMINARY
1.
Short title, extent and commencement.—(1) This Act may be called
the Elections Act, 2017.
(2)
It extends to the whole of Pakistan.
(3)
It shall come into force at once.
2.
Definitions.—In this Act, unless there is anything repugnant in the
subject or context,—
(i)
―aalim” means a Muslim scholar
who—
(a)
holds a degree or a sanad requiring conclusion of at least
sixteen years of education recognized by the Higher Education Commission; and
(b)
has at least twenty years‘
experience as a teacher or researcher in fields relating to the principles and
philosophy of Islam and Islamic law;
(ii)
―applicable local government
law” means an Act of Majlis-e- Shoora (Parliament) or of a
Provincial Assembly for establishment of a local government and includes an Ordinance;
(iii)
―Article” means Article of
the Constitution;
(iv)
―Assembly” means the
National Assembly or a Provincial Assembly;
(v)
―asset” means any property
owned or held by a candidate or a Member;
(vi)
―bye-election” means an election
to fill a casual vacancy;
(vii)
―candidate” means a person proposed and seconded as a candidate
for, or seeking, election as a Member;
(viii)
―Code” means the Code of
Criminal Procedure, 1898 (Act V of 1898);
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1437
(ix)
―Commission” means the Election
Commission of Pakistan constituted
under Article 218;
(x)
―Commissioner” means the
Chief Election Commissioner appointed under Article 213 and includes an Acting
Chief Election Commissioner appointed under Article 217;
(xi)
―constituency” means a constituency delimited under this Act;
(xii)
―Constitution” means the
Constitution of the Islamic Republic of Pakistan;
(xiii)
―contesting candidate” means
a validly nominated candidate who
has not withdrawn his candidature;
(xiv)
―election agent” means a person appointed
by a candidate as his
election agent under this Act, and, where no such appointment is made, the
candidate acting as his own election agent;
(xv)
―election expenses” means any expenditure incurred before, during and after an election or payment
made, whether by way of gift, loan, advance, deposit or otherwise, for the
arrangement, conduct or benefit of, or in connection with or incidental to the
election of a candidate, including the expenditure on account of issuing
circulars or publications but does not include the deposit made under section
61 or section 111;
(xvi)
―electoral area” means—
(a)
in rural areas, a village or a
census block;
(b)
in urban areas,—
I.
where there is a municipal ward or
census block, such ward or census block;
II.
where there is no municipal ward
or a census block, a well-defined Mohallah
or a street;
III.
where the ward or census block, Mohallah or street is too big, a
well-defined part thereof:
Provided that
a census block shall not be divided except in exceptional circumstances for
reasons to be recorded;
1438 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(c)
such other area as may be
determined by the Commission;
(xvii)
―election observer” means a person authorized by the Commission
to observe the conduct of an election;
(xviii)
―election official” includes an officer
or official of the Commission, a District Returning
Officer, a Returning Officer, an Assistant Returning Officer, a Presiding
Officer, an Assistant Presiding Officer, a Polling Officer or any officer or
official of law enforcing agency or other agencies or any other official
appointed or deputed to perform duties in connection with an election;
(xix)
―Election Programme” means
an Election Programme notified by the
Commission under this Act;
(xx)
―electoral roll” means an
electoral roll prepared, revised or corrected
under this Act and includes the electoral rolls prepared under the Electoral
Rolls Act 1974 (XXI of 1974), existing immediately before the commencement of
this Act;
(xxi)
―Form” means a Form appended
to this Act;
(xxii)
―Government” means the
Federal Government and ‗any Government‘
means the Federal Government, a Provincial Government or a local government;
(xxiii)
―government dues and utility expenses” include
rent, charges
of rest
houses or lodges or other accommodation owned by any Government or a body owned
or controlled by any Government but shall not include the government dues and
utility expenses the recovery of which has been stayed by any order of a court;
or tribunal;
(xxiv)
―loan”, means
any
loan, advance,
credit
or
finance obtained or
written off on or after 31st December, 1985 but shall not include the loan the
recovery of which has been stayed by a court or tribunal;
(xxv)
―local government” means a local government, by whatever name called,
established by law;
(xxvi)
―Member” means member of an
Assembly, the Senate or a local government;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1439
(xxvii)
―National Database and
Registration Authority” means the National Database and Registration Authority
constituted under the National Database and Registration Authority Ordinance,
2000 (VIII of 2000);
(xxviii)
―political party”
means an association of citizens or a combination or group of such associations
formed with a view to propagating or influencing political opinion and
participating in elections for any elective public office or for membership of
a legislative body, including an Assembly, the Senate, or local government;
(xxix)
―population” means the
population in accordance with the last preceding
census officially published;
(xxx)
―prescribed” means
prescribed by the Rules;
(xxxi)
―Presiding Officer” means a
Presiding Officer appointed under this Act for a polling station and includes
an Assistant Presiding Officer performing the functions of a Presiding Officer;
(xxxii)
―provisional” means
unofficial and not final;
(xxxiii)
―Registration Officer”
means a Registration
Officer appointed under this
Act and includes
an Assistant Registration
Officer performing the functions of a Registration Officer;
(xxxiv)
―returned candidate” means a candidate
who has been declared elected as a Member under this Act;
(xxxv)
―Revising Authority” means a
person appointed under this Act to hear
and dispose of claims and objections and applications for corrections relating
to the electoral rolls;
(xxxvi)
―Rules” means rules made
under this Act;
(xxxvii)
―section” means a section of
this Act;
(xxxviii)
―tax” includes a tax
levied by any Government, but shall
not include taxes the recovery of which has
been stayed by a court or tribunal;
(xxxix)
―technocrat” means a person who—
1440 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(a)
holds a degree requiring
conclusion of at least sixteen years of education recognized by the Higher
Education Commission; and
(b)
has at least twenty years of
experience including a record of achievement at the national or international level;
(xl) ―validly nominated candidate” means a candidate whose nomination paper has been accepted; and
(xli) ―voter” means—
(a)
in relation to an Assembly or a local
government, a person who is enrolled as a voter on the electoral roll of any
electoral area in a constituency; and
(b)
in relation to the Senate, a
person who—
I.
for election to a seat from a
Province, is a Member of the Provincial Assembly;
II.
for election to seats from the Islamabad Capital Territory,
is a Member of the National Assembly; and
III.
for election to a seat from the
Federally Administered Tribal Areas, is a Member of the National Assembly
elected from the Federally Administered Tribal
Areas.
CHAPTER
II
ELECTION COMMISSION OF PAKISTAN
3.
Procedure of the Commission.—(1) In the performance of its
functions, and duties and exercise of its powers, the Commission shall regulate
its own procedure.
(2)
The Commission may exercise its
powers and perform its functions even if the office of any member of the
Commission is vacant or any of the members is, for any reason, unable to attend
the proceedings of the Commission, and the decision of the majority of the
members shall have the effect of the decision of the Commission.
(3)
If, upon any matter requiring a
decision of the Commission, there is difference of opinion amongst
its members, the opinion of the majority
shall
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1441
prevail and the decision of the
Commission shall be expressed in terms of the opinion of the majority:
Provided that—
(a)
where the members attending the
proceedings of the Commission are four and they are equally divided in their
opinion; or
(b)
where the members attending the
proceedings of the Commission are three and there is difference of opinion
amongst them;
the matter shall
be placed for decision before the full Commission, comprising all its members.
(4)
In this section and section 6, the
term ‗member of the Commission‘ includes the Commissioner.
4.
Power to issue directions.—(1) The Commission shall have the power
to issue such directions or orders as may be necessary for the performance of
its functions and duties, including an order for doing complete justice in any
matter pending before it and an order for the purpose of securing the
attendance of any person or the discovery or production of any document.
(2)
Any such direction or order shall
be enforceable throughout Pakistan
and shall be executed as if it had been issued by the High Court.
(3)
Anything required to be done for
carrying out the purposes of this Act, for which no provision or no sufficient
provision exists, shall be done by such authority and in such manner as the
Commission may direct.
5.
Assistance to the Commission.—(1) The Commissioner or the
Commission may require any person or authority to perform such functions or
render such assistance for the purposes of this Act as he or it may direct.
(2)
It shall be the duty of all
executive authorities in the Federation and in the Provinces to render such
assistance to the Commissioner and the Commission in the discharge of his or
its functions as may be required by the Commissioner or the Commission.
(3)
The Federal Government and each
Provincial Government shall make available to the Commission such staff as it
may require for the performance of its functions under this Act:
1442 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
Provided that
where the Commission decides to utilize the services of serving judicial
officers, it may do so in consultation with the Chief Justice of the High Court
concerned.
(4)
After the Election Programme has
been issued and till the publication of the names of the returned candidates in
the official Gazette, any Government or authority shall not post or transfer
any official appointed or deputed in connection with an election without prior
approval in writing of the Commission, including posting or transfer the
decision in respect whereof has not been implemented, and the Commission may
itself issue necessary directions to any such Government or authority for the
posting or transfer of any official.
6.
Delegation of powers.—(1) The Commission may authorize the
Commissioner or any of its members or any of the officers of the Commission to
exercise and perform any of its powers and functions under this Act.
(2)
The Commissioner shall exercise
powers relating to the appointment of officers and staff to be employed in
connection with the functions of the Commission and determine their terms and
conditions of employment in accordance with the Rules.
(3)
The Commissioner shall constitute
benches comprising three or more members of the Commission to hear and decide
complaints, applications, petitions or appeals filed before it under this Act.
(4)
The decision of a Bench
constituted under sub-section (3) shall be deemed to be a decision of the
Commission except where due to difference of opinion among members of the
bench, the matter is required to be placed before the full Commission for
decision under section 3.
7.
Power to requisition property.—(1) A Provincial Government, deputy
commissioner, political agent or head of district administration, by whatever
name called, shall, upon a request made in this behalf by the Commission,
requisition a vehicle, vessel or other means of transportation as is needed or
is likely to be needed for the purpose of transporting to and from any polling
station ballot boxes or other election material or any officer or other person
engaged for the performance of any duty in connection with an election.
(2)
A Provincial Government, deputy
commissioner, political agent or head of district administration, by whatever
name called, shall not requisition a vehicle, vessel or other means of
transportation which is being used by a candidate or his election agent for any
purpose connected with the election of such
candidate.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1443
(3)
Any person authorized in this
behalf by the Provincial Government may take possession of a vehicle, vessel or
other means of transportation requisitioned under sub-section (1) and may for
that purpose use such force, including police force, as may be reasonably necessary.
(4)
Where any vehicle, vessel or other
means of transportation is requisitioned under sub-section (1), there shall be
paid to the owner thereof compensation the amount of which shall be determined
by the Provincial Government or the officer requisitioning the vehicle, vessel
or other means of transportation on the basis of the fares and rates prevailing
in the locality for its hire.
(5)
Where the owner of the vehicle,
vessel or other means of transportation, being aggrieved by the amount of
compensation so determined makes an application to the Provincial Government
within a period of thirty days from the date the amount has been determined,
for the matter being referred to an arbitrator agreed upon by the parties, the
amount of compensation to be paid shall be such as the arbitrator appointed in
this behalf by the Provincial Government may
determine.
8.
Power of Commission to ensure fair election.—Save as otherwise
provided, the Commission may—
(a)
stop the polls at one or more
polling stations at any stage of the election if it is convinced that it shall
not be able to ensure the conduct of the election justly, fairly and in
accordance with law due to large scale malpractices, including coercion,
intimidation and pressures, prevailing at the
election;
(b)
review an order passed by an
officer under this Act or the Rules, including rejection of a ballot paper; and
(c)
issue such instructions, exercise
such powers and make such consequential orders as may in its opinion, be
necessary for ensuring that an election is conducted honestly, justly, fairly
and in accordance with the provisions of this Act and the Rules.
9.
Power of the Commission to declare a poll void.—(1) Notwithstanding
anything contained in this Act, if, from facts apparent on the face of the
record and after such enquiry as it may deem necessary, the Commission is satisfied
that by reason of grave illegalities or such violations of the provisions of
this Act or the Rules as have materially affected the result of the poll at one
or more polling stations or in the whole constituency including implementation
of an agreement restraining women from casting their votes, it shall make a
declaration accordingly and call upon the voters in the concerned
1444 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
polling station or stations or in
the whole constituency as the case may be, to recast their votes in the manner
provided for bye-elections.
Explanation.—If the turnout of women
voters is less than ten percent of the total votes polled in a constituency,
the Commission may presume that the women voters have been restrained through
an agreement from casting their votes and may declare, polling at one or more
polling stations or election in the whole constituency, void.
(2)
Notwithstanding the powers
conferred on it by sub-section (1), the Commission may order filing of
complaint under this Act before a court of competent jurisdiction against
persons who entered into the agreement referred to in sub-section (1).
(3)
Notwithstanding the publication of
the name of a returned candidate under section 98, the Commission may exercise
the powers conferred on it by sub-section (1) before the expiration of sixty
days after such publication; and, where the Commission does not finally dispose
of a case within the said period, the election of the returned candidate shall
be deemed to have become final, subject to the decision of an Election Tribunal
on an election petition, if any.
(4)
While exercising the powers
conferred on it by sub-section (1), the Commission shall be deemed to be an
Election Tribunal to which an election petition has been presented and shall,
notwithstanding anything contained in Chapter IX, regulate its own procedure.
(5)
Any person aggrieved by a
declaration of the Commission under this section may, within thirty days of the
declaration, prefer an appeal to the Supreme Court.
10.
Power to punish for contempt.—The Commission may exercise the same
power as the High Court to punish any person for contempt of court and the
Contempt of Court Ordinance, 2003 (V of 2003), or any other law pertaining to contempt
of court shall have effect accordingly as if reference
therein to a
―court” and to a ―judge” were a reference, respectively, to the ―Commission” and
the ―Commissioner” or,
as the case may be,
a member of
the Commission.
11.
Expenditure charged upon Federal Consolidated Fund.—(1) The
remuneration payable to the Commissioner, members and other officers and staff
of the Commission and all administrative expenses and other expenditure
relating to the Commission shall be expenditure charged upon the Federal
Consolidated Fund, within the meaning of Article 81.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1445
(2) Subject to
the provisions relating to audit and applicable laws and rules, the
Commissioner shall have full financial powers to sanction and incur expenditure
within the approved budgetary allocation, including creation of posts.
12.
Measures for training and public awareness.—The Commission shall,
from time to time as it may deem fit,–
(a)
conduct training programs for
election officials including officials of the Commission, any Government or
corporations, and autonomous or semi-autonomous bodies controlled by any of
these Governments and officers from the judiciary, if any, deputed or selected
in connection with an election in accordance with procedure laid down under
this Act or the Rules;
(b)
advise public authorities,
educational and training institutions regarding programmes and measures to
promote dissemination of knowledge regarding electoral laws and best practices;
(c)
conduct public awareness
programmes and media campaigns, regarding the importance of maximum voter
enrolment and participation in elections, especially by women, dissemination of
information regarding procedure of casting vote, and the importance of
maintaining the integrity of the electoral process; and
(d)
examine laws, rules and
regulations in force which are relevant to the conduct of elections and
recommend to the Federal Government amendments in such laws, rules or
regulations, as the case may be, in order to increase transparency and fairness
and eliminate corrupt practices.
13.
Establishment of results management system.—(1) The Commission
shall establish a transparent results management system for expeditious
counting, tabulation, compilation, transmission, dissemination and publication
of results in the official Gazette and on the website of the Commission.
(2)
The Presiding Officer shall
immediately take snapshot of the Result of the Count and, as soon as
connectivity is available and it is practicable, electronically send it to the
Commission and the Returning Officer before sending the original documents
under section 90.
(3)
The Returning Officer shall
compile the provisional results forthwith and, on or before 2.00 a.m. the day
immediately following the polling day, communicate these results electronically
to the Commission:
1446 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
Provided that
if, for any reason, the results are incomplete at that time, the Returning
Officer shall communicate to the Commission reasons thereof, listing the
polling stations from which results are awaited, and send the complete
provisional results as soon as the results are
compiled.
(4)
The Returning Officer shall
electronically send to the Commission—
(a)
scanned copy of the provisional
results compiled under sub-section (3); and
(b)
scanned copies of the Consolidated
Statement of the Results of the Count, Final Consolidated Result together with
Results of the Count and the Ballot Paper Accounts, as received by him from the
Presiding Officers under sub-section (18) of section 90.
(5)
The Returning Officer shall also
send to the Commission original copies of documents mentioned in sub-sections
(3) and (4) through special messenger or any other swift means of communication
including urgent mail service or courier service, as may be directed by the Commission.
(6)
The Commission shall publish the
documents received under sub- section (3) along with gender disaggregated data
of turnout on its website.
14.
Action Plan.—(1) The Commission shall, at least four months before
the general election is due to be held on expiry of the term of an Assembly,
prepare a comprehensive Action Plan specifying all legal and administrative
measures that have been taken or required to be taken in respect of the
election, including the following—
(a)
delimitation of constituencies;
(b)
revision of electoral rolls;
(c)
enlistment of political parties;
(d)
allocation of symbols;
(e)
appointment and training of
District Returning Officers, Returning Officers, Assistant Returning Officers,
Presiding Officers, Assistant Presiding Officers, Polling Officers and other
election officials;
(f)
preparation of constituency-wise
list of polling stations and list of polling
personnel;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1447
(g)
determination and printing of
requisite number of ballot papers and designation of printing presses;
(h)
establishment of a transparent
result management system for election results;
(i)
introduction of any new technology;
(j)
arrangements for election observers;
(k)
appointment of the Appellate and
Election Tribunals;
(l)
security measures; and
(m)
monitoring mechanism to report
progress regarding implementation of the Action Plan.
(2)
The Commission shall carry out a
post-election review of implementation of the Action Plan to ascertain
shortcomings, if any, with suggestions to further improve the electoral system.
(3)
The Commission shall include the
post-election review in its next annual report under section 16 and publish it
on its website.
15.
Complaints.—(1) Any person aggrieved by any decision or action
taken or direction issued by an authority subordinate to the Commission or any
action of a political party or a candidate in violation of the Code of Conduct
may, within fifteen days of such decision or action, submit a complaint to the
Commission pertaining to matters other than relating to election disputes
falling under Article 225.
(2)
The Commission may refer the
complaint received under sub-section (1) to such authority as it may deem
appropriate for enquiry and report.
(3)
The Commission may, on receipt of
enquiry report or after hearing the complainant and any other person relevant
to the proceedings itself and holding a summary enquiry, pass such orders as it
may deem fit within thirty days from the date of receipt of the complaint.
(4)
The Commission may also act under
this section on its own accord.
(5)
The Commission shall publish
the order passed
under sub-section
(3) on its website.
1448 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
16.
Commission to submit an annual report.—(1) The Commission shall,
within ninety days after the end of every calendar year, publish a report of
its activities for the year and send the report to the Federal Government and
each Provincial Government.
(2)
The Federal Government and each
Provincial Government shall, within sixty days from the receipt of the annual
report from the Commission, lay the annual report in each House of Majlis-e-Shoora (Parliament) and each
Provincial Assembly.
(3)
Immediately after the annual
report is laid in any House of Majlis-e-Shoora
(Parliament), the Commission shall publish the annual report on its website.
CHAPTER
III
DELIMITATION OF CONSTITUENCIES
17.
Commission to delimit constituencies.—(1) The Commission shall
delimit territorial constituencies for elections to the National Assembly, each
Provincial Assembly and to the local governments in accordance with the
provisions of the Constitution, this Act, the Rules and the applicable local
government law.
(2) The
Commission shall delimit constituencies after every census officially
published.
18.
Seats in the National Assembly and Provincial Assemblies.—(1) There
shall be seats in the National Assembly allocated to each Province, Islamabad Capital Territory,
and the Federally Administered Tribal Areas and seats reserved for women and
non-Muslims, as specified in Article 51.
(2) There shall
be seats in each Provincial Assembly consisting of general seats and seats
reserved for women and non-Muslims, as specified in Article 106.
19.
Delimitation of constituencies.—(1) For the purpose of election to
the National Assembly, the Commission shall
divide—
(a)
each Province into as many
separate territorial constituencies as the number of general seats allocated to
that Province in Article 51; and
(b)
Islamabad Capital
Territory and the
Federally Administered Tribal Areas into as many separate territorial
constituencies as the number
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1449
of general seats respectively
allocated to the Islamabad
Capital Territory
and the Federally Administered Tribal Areas in Article 51.
(2)
A Province shall be a single
constituency for all seats reserved for women which are allocated to each
Province in Article 51.
(3)
The constituency for all seats
reserved for non-Muslims in the National Assembly shall be the whole country.
(4)
For the purpose of election to
Provincial Assemblies, the Commission shall divide each Province into as many
separate territorial constituencies as the number of general seats specified in
Article 106.
(5)
The constituencies for the seats
reserved for women and non- Muslims in the Provincial Assemblies shall be such
that each Province forms one constituency with as many such seats as are
allocated to that Province in Article 106.
(6)
For the purpose of election to the
local governments, the Commission shall carry out delimitation with due regard
to the applicable local government law.
20.
Principles of delimitation.—(1) All constituencies for general
seats shall, as far as practicable, be delimited having regard to the
distribution of population in geographically compact areas, physical features,
existing boundaries of administrative units, facilities of communication and
public convenience and other cognate factors to ensure homogeneity in the
creation of constituencies.
(2)
For the purpose of delimiting constituencies
for the general seats of the National Assembly for the Tribal Areas two or more
separate areas may be grouped into one constituency.
(3)
As far as possible, variation in
population of constituencies of an Assembly or a local government shall not ordinarily
exceed ten percent.
(4)
If the limit of ten percent under
sub-section (3) is exceeded in an exceptional case, the Commission shall record
reasons thereof in the delimitation order.
21.
Reports of Commission and list of constituencies.—(1) For the
purpose of delimiting constituencies, the Commission may receive and consider
representations, hold inquiries, summon witnesses and record evidence, and shall
1450 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
prepare
and publish in the official Gazette a preliminary report and list of
constituencies specifying the areas proposed to be included in each constituency.
(2)
The Commission shall invite
representations in respect of the preliminary report within a period of thirty
days from the date of publication.
(3)
A voter in a constituency may,
within the period specified in sub-section (2), make a representation to the
Commission in respect of the delimitation of that constituency proposed in the
preliminary report.
(4)
The Commission shall, after
hearing and considering the representations, if any, received by it, make such
amendments, alterations or modifications in the preliminary list of
constituencies published under sub-section (1) as it thinks fit or necessary,
and shall, within a period of thirty days from the last date fixed for making
representation under sub-section (2), publish in the official Gazette and on
its website, the final report and list of constituencies showing the areas
included in each constituency.
22.
Power of Commission to make amendment, alteration or modification in
the final list of constituencies.—(1) Notwithstanding anything contained in
this Act, the Commission may, at any time but at least four months before
notification of the Election Programme, of its own motion and for reasons to be
recorded, make such amendments, alterations or modifications in the final list
of constituencies published under sub-section (4) of section 21 or in the areas
included in a constituency, as it deems necessary.
(2) The
Commission shall publish in the official Gazette and on its website the
proposed amendments, alterations or modifications with their justifications and
invite and hear representations in respect thereof before taking final decision
thereon.
CHAPTER
IV
ELECTORAL ROLLS
23.
Preparation and computerization of electoral rolls.—(1) The
Commission shall prepare the electoral rolls for election to the National
Assembly, Provincial Assemblies and local governments and shall revise such
rolls periodically in the prescribed manner.
(2) The Commission shall make arrangements for
the computerization of the electoral
rolls in such manner as it may determine and any printout from the database
maintained by or with the authority of the Commission, shall be deemed to be an
electoral roll published under this Act.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1451
24.
Appointment of Registration Officers.—(1) The Commission shall
appoint a Registration Officer for an electoral area or group of electoral
areas for the purpose of preparation, revision, correction and amendment of the
electoral rolls and may, for that purpose, appoint as many Assistant
Registration Officers as may be necessary.
(2) Subject to
such prior permission or instructions as may be given in this behalf by the
Commission—
(a)
an Assistant Registration Officer
may, under the control of the Registration Officer, perform the functions of a
Registration Officer; and
(b)
a Registration Officer may require
any official to assist him in the performance of his functions.
25.
National Database and Registration Authority to transmit data.—(1)
In such manner as may be prescribed, the National Database and Registration
Authority shall transmit relevant data of every fresh National Identity Card
issued by it to the Commission for registration of the card-holder as a voter
in the electoral roll of the electoral area in which his permanent or temporary
address is located, in accordance with the option indicated by him in the
application for issuance of the National Identity Card.
(2)
The Authority shall also transmit
to the Commission relevant data of every cancelled or modified National
Identity Card, information regarding deceased voters and such other details as
may be required by the Commission for the purposes of this Act.
(3)
The Commission shall forward the data referred to in sub-sections
(1) and (2) to the Registration
Officer concerned who shall take steps for enrolment or, as the case may be,
correction in the relevant electoral roll in accordance with such procedure as
may be prescribed.
Explanation.—Fresh National Identity
Card includes any card that has not been earlier made part of the electoral
roll database due to any reason whatsoever.
(4)
Notwithstanding anything contained in section 28 of the National Database and
Registration Authority Ordinance, 2000 (VIII of 2000), any authority to whom an
application for registration is to be made under the National Database and Registration Authority
Ordinance, 2000 (VIII of 2000) shall, on the request of Registration Officer,
furnish him such information including extracts from the said application as
may be necessary for the purposes of this Act.
1452 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
26.
Preparation of preliminary electoral rolls.—(1) Subject to the
superintendence, directions and control of the Commission, the Registration
Officer shall prepare the electoral rolls by including in the electoral rolls,
the name of every person entitled to be enrolled as a voter in an electoral
area under this Act.
(2)
A person shall be entitled to be
enrolled as a voter in an electoral area if he—
(a)
is a citizen of Pakistan;
(b)
is not less than eighteen years of age;
(c)
possesses a National Identity Card
issued by the National Database and Registration Authority at any time till the
last day fixed for inviting claims, objections and applications for
preparation, revision or correction of electoral rolls;
(d)
is not declared by a competent
court to be of unsound mind; and
(e)
is or is deemed under section 27
to be resident in the electoral area.
Explanation.—The National Identity Card
issued by the National Database and Registration Authority shall be deemed to
be valid for the purpose of registration as a voter or for casting vote in an
election, notwithstanding the expiry of its validity period.
27.
Place of residence.—(1) Save as otherwise provided in this section,
a person shall be deemed to be resident in an electoral area if his temporary
or permanent address in the National Identity Card issued by the National
Database and Registration Authority lies in the said electoral area.
(2)
A person who is in the service of Pakistan may apply to the Registration Officer
for enrolment in the electoral area in which he temporarily resides for being
in the service of Pakistan.
(3)
The spouse and children of the
person in the service of Pakistan
may apply to the Registration Officer for enrolment in the electoral area in
which such person is enrolled under sub-section (2).
(4)
Notwithstanding anything contained
in this section or any other provision of this Chapter, the registration of a
voter at an address other than the permanent or temporary address mentioned in
his National Identity Card shall remain valid till he applies for transfer
of his vote or for modification or renewal
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1453
of his National Identity Card in
which case his vote shall be registered according to the temporary or permanent
address mentioned in the National Identity Card:
Provided that
this sub-section (4) including this proviso shall stand omitted on 31st
December, 2018.
28.
Preliminary publication.—The preliminary electoral rolls prepared
under section 26, together with a notice inviting claims, objections and
applications for corrections, if any, with respect thereto, shall be published
and displayed by the Registration Officer for a period of not less than thirty
days, in such manner and form as may be prescribed.
29.
Appointment of Revising Authorities.—The Commission shall appoint a
Revising Authority for any electoral area or group of electoral areas, for the
purpose of receiving and deciding claims, objections and applications for
correction of the preliminary electoral rolls.
30.
Period for lodging claims and objections.—(1) Any person may file
an application for inclusion of a name in the electoral roll, or an objection
to, or application for correction of, any entry in the preliminary electoral
rolls before the Revising Authority on the prescribed form within a period of
thirty days or more, as may be determined by the Commission, next following the
date of the publication of the preliminary electoral rolls under section 28.
(2) The Revising
Authority shall reject any claim or objection or application for correction or
transfer if it is not made within the period specified in sub-section (1) or is
not made in the prescribed manner.
31.
Transfer of name from one electoral area to another.—A person may
apply for transfer of his name from the electoral roll of one electoral area to
the electoral roll of another electoral area with the appropriate Revising Authority if it is preferred before the final
publication of the electoral roll under section 35, or, if it is filed after
such final publication, with the appropriate Registration Officer under section
37 by filing an application in the prescribed form for the inclusion of his
name in the electoral roll of an electoral area where he is resident and wishes
to enroll himself as voter with the request to delete his name from the
electoral roll in which his name is currently
enrolled.
32.
Application by the Registration Officer for inclusion of name.— The
Registration Officer may, within the period mentioned in section 30, apply to
the Revising Authority—
(a)
for the inclusion in the electoral
roll of the name of any person left out due to inadvertence or the absence of
timely information while preparing the preliminary electoral rolls; or
1454 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(b)
for the exclusion of any name from
the electoral roll or any correction of clerical, printing or other error which
he is himself authorized to make under section
34.
33.
Enquiry into claims and objections.—(1) Except where a claim or objection or an application for correction
is rejected under section 30 or is decided without further enquiry being valid prima facie, the Revising Authority
shall give its decision after holding a summary enquiry into each claim,
objection or application, after giving notice to the parties concerned.
(2) The decision of the Revising Authority under
sub-section (1) shall be final and shall
be communicated to the appropriate Registration Officer.
34.
Correction of electoral rolls.—The Registration Officer—
(a)
shall correct the electoral roll
in accordance with the decision of the Revising Authority under section 33; and
(b)
may further correct any clerical,
printing or other error subsequently discovered in the roll but not so as to
include in it or exclude from it, the name of any voter.
35.
Final publication.—After making additions, deletions, modifications or corrections, if any, under section
34, the Registration Officer shall publish, in the prescribed manner and form,
the final electoral roll for each electoral
area.
36.
Periodical revision of electoral roll.—(1) The Registration Officer
shall periodically revise an electoral roll as may be determined by the
Commission in the prescribed manner and form—
(a)
so as to include the name of any
qualified person whose name does not appear in such roll; or
(b)
so as to delete the name of any
person who has died or who is or has become disqualified for enrolment; or
(c)
for correcting any entry or for
supplying any omission in such roll.
(2)
An electoral roll for any
electoral area which is not revised for any reason, shall continue to remain
valid and operational.
(3)
While revising the electoral rolls
under sub-section (1), the procedure laid down in sections 24 to 35 shall, with
necessary changes, apply to revision of the electoral rolls.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1455
37. Enrolment and correction
other than periodical
revision.—
Subject to section 39—
(a)
any person whose name is not
included in an electoral roll and who claims that he was or is entitled to be
enrolled on that roll, may apply to the appropriate Registration Officer, on
the prescribed form along with a copy of the National Identity Card issued to
him under the National Database and Registration Authority Ordinance, 2000
(VIII of 2000) for the inclusion of his name in the electoral rolls, and if the
Registration Officer is satisfied after giving notice or making such enquiry as
he may deem necessary, that the applicant was or is entitled to have his name
so enrolled, he shall insert the name of such person in the database of the
electoral roll and shall also make necessary entry in the master copy of the
electoral roll maintained by him;
(b)
any person may apply to the
Registration Officer for the correction of any entry in an electoral roll—
(i)
if the entry relates to the
applicant and the Registration Officer is satisfied after giving such notice
and making such enquiry as he may consider necessary that the entry relates to
the applicant and is erroneous or defective in any particular, he shall correct
the electoral roll accordingly and shall also make necessary correction in the
relevant database;
(ii)
if the entry does not relate to
the applicant and the Registration Officer is satisfied after giving notice to
the person to whom the entry relates and after making such enquiry, as he may
consider necessary that such person is dead or is otherwise not entitled to be
enrolled as a voter, he shall correct the electoral roll accordingly and shall
also make necessary correction in the relevant
database;
(iii)
if the person to whom the entry
relates appears in response to the notice and gives his option, on the basis of
his temporary or permanent address as mentioned in the National Identity Card,
for enrolment in the electoral roll of another electoral area of the same
district, the Registration Officer shall correct the electoral roll accordingly
and if such option requires such person‘s enrolment in the electoral roll of an
electoral area of another district, he shall refer the matter to the
Registration Officer concerned for the needful to be done, after necessary
verification, for enrolment of such person as voter in the relevant electoral
roll of that district under intimation to the Commission; and
1456 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(iv)
if the person does not appear in
response to the notice and the entry objected to is required to be transferred
to the electoral roll of another electoral area within the district, the
Registration Officer shall correct the electoral roll accordingly and if such
entry relates to another district shall refer the matter to the Registration
Officer concerned with request to enroll such person, after necessary
verification, in the electoral roll of
that district at his permanent address mentioned in his National Identity Card
under intimation to the Commission;
(c)
if a person applies for transfer
of vote from the electoral roll of an electoral area to the electoral roll of
another electoral area of the same district, the Registration Officer of that
district shall, after making such enquiry as he may consider necessary, strike
off the name of the applicant from the master copy of the electoral roll in
which his name presently exists and include his name in the master copy of the
electoral roll of the other electoral area and shall make necessary changes in
the database of the electoral rolls accordingly;
(d)
if a person applies for transfer
of vote from the electoral roll of an electoral area of a district to the
electoral roll of an electoral area of the other district, the Registration
Officer of the district to which transfer of vote is sought, shall, after
making such enquiry as he may consider necessary, include the name of the
applicant in the master copy of the electoral roll of the electoral area
requested, make necessary changes in the database of the electoral rolls accordingly
and inform the Registration Officer of the district from which transfer of vote
is sought and the latter shall strike off the name of the applicant from the
master copy of the roll being maintained by
him;
(e)
where the Registration Officer
rejects application made under this section, he shall record brief reasons of
his decision; and
(f)
a person aggrieved by the order of
the Registration Officer made under this section may, within thirty days of
such order, appeal to the Appellate Authority to be appointed by the Commission
and the decision of such Appellate Authority shall be final.
38.
Preparation of rolls afresh.—If the Commission considers it
necessary, on account of any gross error or irregularity in or in the
preparation of an electoral roll for any electoral area or a part of an
electoral area or other cogent reasons including changes in the limits of that
electoral area or large scale displacement of population due to a natural
calamity, it may, for reasons to be
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1457
recorded, by order direct that
the roll for such electoral area or part of electoral area shall stand
cancelled and that afresh electoral roll for that electoral area or part of
electoral area be prepared in accordance with the provisions of this Act.
39.
No revision, correction or transfer after constituency called upon to
elect.—(1) No revision of or correction in an electoral roll of an
electoral area or inclusion or transfer of a vote from the electoral roll of an
electoral area to the electoral roll of another electoral area shall be made
nor shall any order under section 38 be made in respect of any electoral roll
during the period beginning thirty days before the day on which the term of an
Assembly or a local government is due to expire (hereinafter referred to as
‗the cut-off date‘) till announcement of the results of the general
election to the Assembly or the local government but it shall not apply to an
election to fill a casual vacancy in an Assembly or a local government.
(2)
In case of an election to fill a
casual vacancy to an Assembly or a local government, no revision of or
correction in an electoral roll of an electoral area or inclusion or transfer
of a vote from the electoral roll of an electoral area to the electoral roll of
another electoral area shall be made nor shall any order under section 38 be
made in respect of any electoral roll at any time after the constituency of
which such electoral area forms part has been called upon to elect its
representative and before such representative has been elected.
(3)
The Commission shall, through
press release and its website, inform the general public about the cut-off date
for revision of or correction in an electoral roll of an electoral area or inclusion
or transfer of a vote from the electoral roll of an electoral area to the
electoral roll of another electoral area.
40.
Power of the Commission to modify electoral roll.—(1) Subject to
section 39, the Commission may, at any time,
order—
(a)
the inclusion in an electoral roll
of the name of any person entitled to be enrolled on such electoral roll, and
such name shall, from the date of such order, form part of the electoral roll;
(b)
the exclusion from an electoral
roll of the name of any person who has died or has become disqualified to be a
voter, and such name shall, from the date of such order, stand excluded from
that roll; and
(c)
the removal of the name of any
person from an electoral roll where such removal becomes necessary due to the
repetition of the name in the same electoral roll or in the electoral rolls of
more than one electoral area.
1458 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(2) Before
taking decision under clause (b) or clause (c) of sub-section (1), the
Commission shall afford a reasonable opportunity of being heard to the person
likely to be affected and shall record reasons for its decision.
41.
Maintenance of electoral rolls.—(1) An electoral roll as revised
and corrected shall be maintained by the Registration Officer in the prescribed
manner and shall be kept open to public inspection; and any person, on payment
of prescribed fee, may obtain copies of the electoral roll.
(2) A candidate
or an election agent may obtain a hard and searchable soft copy of the final
electoral roll with photographs of the voters in accordance with section 79.
42.
Duration of the electoral rolls.—The electoral roll for any
electoral area prepared under this Act shall come into force immediately upon
its final publication and shall remain in force until revised.
43.
Information regarding deaths.—On the direction of the Commission,
the person in charge of any register of births and deaths in a local government
or other authority shall submit relevant information regarding deceased persons
from that register on prescribed form to the Registration Officer concerned on quarterly basis, who
shall make necessary corrections in the electoral rolls accordingly.
44.
Sharing of information with National Database and Registration
Authority.—The Registration Officer shall, through the Commission,
communicate to the National Database and Registration Authority any change of
address of the voter as a result of transfer of his vote under section 34,
section 37 or section 40 and any information received under section 43 for
necessary entries in the record of the National Database and Registration
Authority.
45.
Enrolment only once.—A person shall not be enrolled—
(a)
on the electoral roll for any
electoral area more than once; or
(b)
on the electoral rolls for more
than one electoral area.
46.
Validity of electoral rolls not affected by any mistake.—An
electoral roll shall not be invalid by reason of any mis-description of a
person enrolled thereon or of omission of the name of any person entitled to be
so enrolled or of inclusion of the name of any person not so entitled.
47.
Special measures for enrolment of women voters.—(1) The Commission
shall annually publish disaggregated data of registered men and
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1459
women voters in each National
Assembly and Provincial Assembly constituency highlighting the difference in
number of registered men and women voters.
(2)
Where the variation in the
disaggregated data under sub-section (1) is more than ten percent in a constituency,
the Commission shall take special measures to reduce such variation.
(3)
The measures referred to in
sub-section (2) shall include action to expedite the issuance of National
Identity Cards for women of such constituency by National Database and
Registration Authority and for their enrolment as voters in the relevant
electoral rolls by the Commission.
48.
Enrolment of non-Muslims etc.—(1) The Commission shall take special
measures for registration of non-Muslims, persons with disabilities and transgender
citizens in the electoral rolls as voters.
(2)
The measures under sub-section (1)
shall include coordinated action with the National Database and Registration
Authority to expedite the issuance of National Identity Cards for non-Muslims,
persons with disabilities and transgender citizens.
(3)
No activity undertaken in
connection with an election by the Commission or National Database and
Registration Authority, as the case may be, shall be delayed, postponed or
otherwise affected in any manner whatsoever merely on the ground of any measure
being taken under this section or section 47.
49. Departure from normal
procedure in exceptional circumstances.—
(1)
Where the Commission is satisfied
that it is not possible to follow the procedure laid down for the preparation or
revision of an electoral roll in respect of any electoral area, the Commission
may, after recording the exceptional circumstances necessitating deviation from
the laid down procedure, direct that an electoral roll for such electoral area
shall be prepared in such manner as it deems fit.
(2)
The Commission shall immediately
publish the direction issued under sub-section (1) on its website.
CHAPTER
V
CONDUCT OF ELECTIONS TO THE ASSEMBLIES
50.
Appointment of District Returning Officer.—(1) For election to an
Assembly, the Commission shall, in the prescribed manner, appoint a District
Returning Officer for each district or a specified area—
1460 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(a)
from amongst its own officers
subject to availability;
(b)
by selection from a list of
officers provided by the Government or a Provincial Government; or
(c)
from the subordinate judiciary in
consultation with the Chief Justice of the concerned High Court.
(2) Subject to
the superintendence, directions and control of the Commission, the District
Returning Officer shall coordinate and supervise all work in the district in
connection with the conduct of an election and shall also perform such other
duties and functions as may be assigned by the Commission.
51.
Appointment of Returning Officer and Assistant Returning Officers.—(1)
The Commission shall, in the prescribed manner, appoint, from amongst its own
officers or officers of any Government or corporations, autonomous or
semi-autonomous bodies controlled by any Government, or from the subordinate
judiciary in consultation with the Chief Justice of the concerned High Court, a
Returning Officer for each constituency.
(2)
A person shall not be appointed as
Returning Officer for more than one constituency, save in exceptional circumstances,
for reasons to be recorded.
(3)
The Commission may, in the
prescribed manner, appoint, from amongst its own officers or officers of any
Government, or corporations, autonomous or semi-autonomous bodies controlled by
any Government, as many Assistant Returning Officers as may be necessary.
52.
Dates of appointments.—The Commission shall make appointments under
sections 50 and 51 at least sixty days prior to the issuance of Election
Programme save for bye-elections or in exceptional circumstances for reasons to
be recorded, in which cases the Commission shall make the appointments
simultaneously with the issuance of the Election Programme.
53.
Presiding Officers and Polling Officers.—(1) A Returning Officer shall, in the prescribed manner,
appoint for each polling station a Presiding Officer and such number of
Assistant Presiding Officers and Polling Officers from amongst the officers of
any Government or corporations, autonomous or semi-autonomous bodies controlled
by any Government to assist the Presiding Officer as the Returning Officer may
consider necessary.
(2)
The Returning Officer shall not
appoint a person as a Presiding Officer, Assistant Presiding Officer or Polling
Officer who is or has, at any time, been in the employment of a candidate.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1461
(3)
The Returning Officer shall, at
least thirty days before the polling day, submit to the District Returning
Officer for approval a list of such Presiding Officers, Assistant Presiding
Officers and Polling Officers including reserved staff as may be determined by
the Commission, and no change in the list shall be made thereafter save in
exceptional circumstances, for reasons to be recorded, and with the approval of
the Commission.
(4)
In case of non-availability of any
member of polling staff, the Returning Officer shall appoint a substitute from
amongst the reserved staff as approved by the District Returning Officer.
54.
Duties of election officials.—(1) A Returning Officer shall do all
such acts and things as may be necessary for effective conduct of the poll in
accordance with the provisions of this Act, the Rules and directions of the
Commission.
(2)
An Assistant Returning Officer
shall assist the Returning Officer in the
performance of his functions under this Act and may, subject to any condition
imposed by the Commission and the control of the Returning Officer, exercise
the powers and perform the functions of the Returning Officer.
(3)
A Presiding Officer shall conduct
the poll in accordance with the provisions of this Act and the Rules and shall
be responsible for maintaining order at the polling station and shall report to
the Returning Officer any fact or incident which may affect the conduct or
fairness of the poll.
(4)
During the course of the poll, the
Presiding Officer may entrust any of his functions to an Assistant Presiding
Officer and the Assistant Presiding Officer shall perform the functions so
entrusted to him.
(5)
The Returning Officer shall
authorize one of the Assistant Presiding Officers to act in place of the
Presiding Officer if the Presiding Officer is, at any time during the poll, by
reason of illness or other cause, not present at the polling station, or is
unable to perform his functions.
(6)
The Returning Officer may, at any
time during the poll, for reasons to be recorded, suspend any Presiding
Officer, Assistant Presiding Officer or Polling Officer, and make such
alternate arrangements as he may consider necessary for the performance of the
functions of the officer so suspended, whose matter shall be referred to the
Commission for initiation of disciplinary proceedings.
55.
Disciplinary proceedings.—(1) An election official appointed or
deputed to perform duties in connection with an election shall be deemed to be
under the control, superintendence and discipline of the Commission for the
1462 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
period commencing on and from the
date of appointment or deputation till publication of the name of the returned
candidate in the official Gazette.
(2)
Notwithstanding anything to the
contrary contained in any other law, the Commission may initiate and finalize
disciplinary action and impose any penalty against any election official for
any act of misconduct provided in the Efficiency and Discipline Rules as
applicable to such election official or under any provision of misconduct under
this Act, and for this purpose, the Commission shall be deemed to be the
Competent Authority under the said Efficiency and Discipline Rules or this Act.
(3)
The Commission may, at any time,
for reasons to be recorded in writing, suspend or withdraw any election
official, a public servant or any other person in the service of Pakistan who—
(a)
obstructs, or prevents, or
attempts to obstruct or prevent, the conduct of a fair and impartial poll; or
(b)
interferes or attempts to
interfere with a voter when he casts his vote;
or
(c)
influences or attempts to
influence in any manner the polling staff or a voter; or
(d)
does any other act calculated to
influence the result of the election; or
(e)
disobeys any order, or avoids to
carry out any instruction issued by the Commission or any officer authorized to
issue any order or instruction or violates any provision of this Act.
(4)
The Commission may appoint an
officer to act as an Enquiry Officer or Authorized Officer to initiate and
finalize proceedings under the Efficiency and Discipline Rules applicable to
the election official concerned against whom action has been taken by the
Commission under sub-section (3) or other provision of this Act or by the
Returning Officer under sub-section (6) of section 54.
(5)
The Enquiry Officer or Authorized
Officer shall complete enquiry proceedings under the Efficiency and Discipline
Rules as applicable to the election official concerned or under this Act within
thirty days of the reference to him and shall submit the enquiry report to the
Commission within seven days of the completion of the enquiry.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1463
(6)
The Commission may impose any
penalty provided in the Efficiency and Discipline Rules as applicable to the
election official concerned or any penalty provided under this Act.
(7)
An election official aggrieved by
a final order passed by the Commission may, within thirty days of receipt of
the final order, file an appeal in the relevant Service Tribunal or other
judicial forum.
(8)
Where the Commission suspends or
withdraws any election official, it may appoint any other election official to
perform the duty of the election official suspended or withdrawn.
56.
Oath by election officials.—An election official shall, before the
commencement of his election duty, make an oath, in such form and manner as may
be prescribed, that he shall act strictly in accordance with the provisions of
this Act, Rules and directions of the Commission.
57.
Notification of Election Programme.—(1) The President shall
announce the date or dates of the general elections after consultation with the
Commission.
(2)
Within seven days of the
announcement under sub-section (1), the Commission shall, by notification in
the official Gazette and by publication on its website, call upon the voters of
the notified Assembly constituencies to elect
their representatives in accordance with an Election Programme, which
shall stipulate—
(a)
the last date for making
nominations, which shall be the sixth day after the date of publication of the
notification or, if that day is a public holiday, the next succeeding day which
is not a public holiday;
(b)
the last date for publication of
names of the nominated candidates, which shall be day following the last date
of filing of nomination papers;
(c)
the last date for the scrutiny of
nominations, which shall be the eighth day immediately following the last date
for making nominations or, if that day is a public holiday, the next succeeding
day which is not a public holiday;
(d)
the last date for filing of
appeals against acceptance or rejection of nominations, which shall be the
fourth day following the last date for the scrutiny of nominations or, if that
day is a public holiday, the next succeeding day which is not a public holiday;
1464 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(e)
the last date for decision of
appeals, which shall be the seventh day following the last date for filing of
appeals or, if that day is a public holiday, the next succeeding day which is
not a public holiday;
(f)
the last date for publication of
the revised list of candidates, which shall be the day following the last date
for decision of appeals;
(g)
the last date for the withdrawal
of candidature, which shall be the day following the last date of publication
of revised list of candidates or, if that day is a public holiday, the next
succeeding day which is not a public holiday;
(h)
the date for allocation of symbols
to contesting candidates and publication of list of contesting candidates,
which shall be the day following the last date for withdrawal of candidature
or, if that day is a public holiday, the next succeeding day which is not a
public holiday; and
(i)
the date or dates on which a poll
shall, if necessary, be taken, which or the first of which shall be a date not
earlier than the twenty- eighth day after the publication of the revised list
of candidates.
(3)
A Returning Officer shall, within
three days after the publication of a notification under sub-section (2), give
public notice of the dates specified by the Commission in respect of the
constituency or constituencies of which he is the Returning Officer; and shall
publish the public notice at some prominent place or places within the
constituency to which it relates.
(4)
A Returning Officer shall, by the
public notice given under sub- section (3), invite nominations specifying the
time by which and the place at which nomination papers shall be received by him.
58.
Alteration in Election Programme.—(1) Notwithstanding anything
contained in section 57, the Commission may, at any time after the issue of the notification under sub-section
(1) of that section, make such alterations in the Election Programme announced
in that notification for the different stages of the election or may issue a
fresh Election Programme as may, in its opinion to be recorded in writing, be
necessary for the purposes of this Act:
Provided that
the Commission shall inform the President about any alteration in the Election
Programme made under this sub-section.
(2) Save as
otherwise provided by law, if a candidate has already submitted his nomination
papers before the notification under sub-section (1), he
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1465
shall not be required to again
submit his nomination papers under the fresh Election Programme.
59.
Polling stations.—(1) Within one week after appointment of
Returning Officers, the Commission shall provide, in the prescribed format, a
list of proposed polling stations for each constituency to the Returning
Officer of that constituency indicating
the electoral areas assigned to each polling station and publish the list on
its website.
(2)
The Commission shall, as far as
practicable, retain the polling stations established for the preceding election
but it may add to or alter the list as may be required to reduce the distance
preferably to one kilometer between a polling station and the voters assigned
to it.
(3)
As far as practicable, not more
than twelve hundred voters shall be assigned to a polling station and not more
than three hundred voters shall be assigned to a polling booth, and reasons for
any deviation shall be recorded in writing.
(4)
Within fifteen days of the receipt
of the list of polling stations, the Returning
Officer—
(a)
shall personally verify the
proposed polling stations;
(b)
may add to or alter the list as he
may deem necessary; and
(c)
shall publish outside his office
the preliminary list of polling stations, inviting objections and suggestions,
if any, to be filed within twenty-one days of its publication.
(5)
A voter may file an objection or a
suggestion with the District Returning Officer, within the specified period,
only in connection with the polling station to which he has been assigned.
(6)
The District Returning Officer
may, after hearing the objections or considering the suggestions, if any filed
with him and making such summary enquiry as he may deem necessary, make
alterations in the list of polling stations as may be required and shall, at
least thirty days before the polling day, publish in the official Gazette and
on the website of the Commission the final list of polling stations of each
constituency in the district.
(7)
The Commission shall determine the
date or dates required for completion of the actions mentioned in this section.
1466 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(8)
The District Returning Officer
shall not make any change in the final list of polling stations published in
the official Gazette, save in very exceptional circumstances, for reasons to be
recorded, with the prior approval of the Commission and after notice to the candidates.
(9)
The Returning Officer shall
establish in each constituency polling stations according to the final list
published under sub-section (6).
(10)
A polling station shall be
situated in any Government building in the constituency and, where no
Government building is available, a polling station may be established in a
building owned by a private educational institution registered with the
concerned education authorities or an improvised polling station shall be set
up on a public property.
(11)
A polling station shall not be
located in any premises which belongs to or is under the direct or indirect
control of a candidate.
(12)
While finalizing the list of
polling stations of a constituency, if the District Returning Officer declares
a polling station as highly sensitive, the Commission may, in addition to
appropriate security measures as may be taken, install or direct any Government
to install a surveillance camera in each polling booth of such polling station
to record poll proceedings, counting of vote process and preparation of results
by the Presiding Officer.
60.
Nomination for election.—(1) Any voter of a constituency, may
propose or second the name of any qualified person to be a candidate for Member
for that constituency:
Provided that no
voter shall subscribe to more than one nomination papers either as proposer or
seconder.
(2)
Every nomination shall be made by
a separate nomination paper on Form A signed both by the proposer and the
seconder and shall, on solemn affirmation made and signed by the candidate, be
accompanied by—
(a)
a declaration that he has
consented to the nomination and that he fulfils the qualifications specified in
Article 62 and is not subject to any of the disqualifications specified in
Article 63 for being elected as a Member;
(b)
a declaration that he has opened
an exclusive account with a scheduled bank for the purpose of election expenses;
(c)
an attested copy of his National
Identity Card; and
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1467
(d)
a statement of his assets and
liabilities and of his spouse and dependent children as on the preceding
thirtieth day of June on Form B.
(3)
Every nomination paper shall be
delivered to the Returning Officer by the candidate or his proposer or seconder
or if so authorized in writing by the candidate, by his nominee and the
Returning Officer shall acknowledge receipt of the nomination paper specifying
the date and time of receipt.
Explanation.—Authorization in favour of
an advocate shall be attested by a Notary appointed under the Notaries
Ordinance 1961 (XIX of 1961) or an Oath Commissioner appointed under the Oaths
Act, 1873 (X of 1873) or any Government servant in basic pay scale 17 and
above.
(4)
A person may be nominated in the
same constituency by not more than five nomination papers.
(5)
The Returning Officer shall assign
a serial number to every nomination paper and endorse on the nomination paper
the name of the person presenting it, and the date and time of its receipt, and
inform such person of the time and place at which he shall hold scrutiny.
(6)
The Returning Officer shall cause
to be affixed at a conspicuous place in his office a notice of every nomination
paper received by him containing the particulars of the candidate as shown in
the nomination paper.
(7)
The Returning Officer shall—
(a)
make the nomination papers along
with annexures open to inspection by the public; and
(b)
issue certified copies of these
documents in such manner and on payment of such fee as may be prescribed.
61.
Deposits.—(1) Subject to sub-section (2), the Returning Officer
shall not accept a nomination paper unless a sum of thirty thousand rupees for
election to a seat in the National Assembly and twenty thousand rupees for
election to a seat in the Provincial Assembly is deposited by the candidate or
by any person on his behalf—
(a)
in cash with the Returning
Officer; or
(b)
through bank draft drawn in favour
of the Returning Officer; or
1468 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(c)
in cash in a specified account
with any branch of the National Bank of Pakistan, receipt of which should
be produced before the Returning Officer.
(2)
Not more than one deposit under
sub-section (1) shall be required in the case of a person who has been
nominated as a candidate by more than one nomination paper.
(3)
Subject to sub-sections (4) and
(5), after termination or conclusion of the election, a candidate may obtain
return of the deposit made under sub- section (1).
(4)
If a candidate, not being the
returned candidate, obtains less than one-fourth of the total votes polled in
the constituency, the sum deposited by him or on his behalf under sub-section
(1) shall stand forfeited in favour of the Government.
(5)
A deposit made under sub-section
(1) shall become non-refundable if application of its return is not submitted
within three months from the date of declaration of result of the election by
the Commission or, in case election is not held, from the date of termination
of the proceedings of an election.
62.
Scrutiny.—(1) Any voter of a constituency may file objections to
the candidature of a candidate of that constituency who has been nominated or
whose name has been included in the party list submitted by a political party
for election to an Assembly before the Returning Officer within the period
specified by the Commission for the scrutiny of nomination papers of candidates
contesting election to an Assembly.
(2)
The candidates, their election
agents, the proposers and seconders and one other person authorized in this
behalf by each candidate, and a voter who has filed an objection under
sub-section (1), may attend the scrutiny of nomination papers, and the
Returning Officer shall give them reasonable opportunity for examining all the
nomination papers delivered to him under section 60.
(3)
A voter who has filed an objection
to the candidature of a candidate shall only attend the scrutiny of the
nomination paper of that candidate.
(4)
The Returning Officer shall, in
the presence of the persons attending the scrutiny, examine the nomination
papers and decide any objection raised by any such person to any candidature.
(5)
The Returning Officer may, for the
purpose of scrutiny, require any, authority or organization, including a financial institution, to produce any
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1469
document or record or to furnish
any information as may be necessary to determine facts relating to an objection
to the candidature of a candidate.
(6)
The Returning Officer shall not
enquire into the correctness or validity of any entry in the electoral roll.
(7)
The Returning Officer while
scrutinizing nomination paper of a candidate, shall not ask any question which—
(a)
has no nexus with the information
supplied in the nomination paper; or
(b)
has not arisen from the objections
raised by any person or from information received by him under this section.
(8)
The declaration submitted under
sub-section (2) of section 60 shall only be questioned by the Returning Officer
if there is tangible material to the contrary available on record.
(9)
Subject to this section, the
Returning Officer may, on either of his own motion or upon an objection,
conduct a summary enquiry and may reject a nomination paper if he is satisfied that—
(a)
the candidate is not qualified to
be elected as a Member;
(b)
the proposer or the seconder is
not qualified to subscribe to the nomination
paper;
(c)
any provision of section 60 or
section 61 has not been complied with or the candidate has submitted a
declaration or statement which is false or incorrect in any material
particular; or
(d)
the signature of the proposer or
the seconder is not genuine:
Provided that—
(i)
the rejection of a nomination
paper shall not invalidate the nomination of a candidate by any other valid
nomination paper; or
(ii)
the Returning Officer shall not
reject a nomination paper on the ground of any defect which is not of a
substantial nature and may allow any such defect to be remedied forthwith,
including an error in regard to the name, serial number in the electoral roll
or other particulars of the candidate or his
1470 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
proposer or seconder so as to
bring them in conformity with the corresponding entries in the electoral roll.
(10)
Notwithstanding anything contained
in sub-section (9), where a candidate deposits any amount of loan, tax or
government dues and utility expenses payable by him of which he is unaware at
the time of filing of his nomination paper, such nomination paper shall not be
rejected on the ground of default in payment of such loan, taxes or government
dues and utility expenses.
(11)
The Returning Officer shall
endorse on each nomination paper his decision accepting or rejecting it and
shall, in the case of rejection or objection to acceptance, record brief
reasons for his decision.
63.
Appeal against scrutiny order.—(1) A candidate or the objector may,
within the time specified by the Commission, file an appeal against the
decision of the Returning Officer rejecting or accepting a nomination paper to
an Appellate Tribunal constituted for the constituency consisting of a person who is a Judge of a High Court
appointed by the Commission in consultation with the Chief Justice of the High
Court concerned:
Provided that
where the number of appeals so necessitate, the Commission may appoint a person
as Tribunal who has been a judge of a High Court in consultation with the Chief
Justice of the High Court concerned.
(2)
An Appellate Tribunal shall
summarily decide an appeal filed under sub-section (1) within such time as may
be notified by the Commission and any order passed on the appeal shall be final.
(3)
If the Appellate Tribunal is not
able to decide the appeal within the time fixed by the Commission under
sub-section (2), the appeal shall abate and decision of the Returning Officer
shall be final.
(4)
If, on the basis of information or
material coming to its knowledge by any source, an Appellate Tribunal is of the
opinion that a candidate whose nomination paper has been accepted is a
defaulter of loans, taxes, government dues and utility expenses or has had any
loan written off or has willfully concealed such fact or suffers from any other
disqualification from being elected as a Member of an Assembly, it may, on its
own motion, call upon such candidate to show cause why his nomination papers
may not be rejected, and if the
Appellate Tribunal is satisfied that the candidate is actually a defaulter or
has had a loan written off or suffers from any disqualification, it may reject
the nomination paper.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1471
64.
Publication of list of candidates.—(1) The Returning Officer shall,
after the scrutiny of nomination papers, prepare and display in the prescribed
manner a list of validly nominated candidates.
(2)
In case an appeal against the
decision of the Returning Officer is accepted by the Appellate Tribunal, the
Returning Officer shall revise the list of validly nominated candidates accordingly.
(3)
The Returning Officer shall, on
the second day following the last date for decision of appeals by the Appellate
Tribunal, prepare and display in the prescribed manner the revised list of
validly nominated candidates.
65.
Withdrawal.—(1) A validly nominated candidate may, by notice in
writing signed by him and delivered to the Returning Officer on or before the
withdrawal date either by the candidate himself or by an advocate authorized in
writing by the candidate, withdraw his candidature.
Explanation.—Authorization in favour of
an advocate shall be attested by a Notary appointed under the Notaries
Ordinance 1961 (XIX of 1961) or an Oath Commissioner appointed under the Oaths
Act, 1873 (X of 1873) or a Government servant in basic pay scale 17 and above.
(2)
A notice of withdrawal under
sub-section (1) shall, in no circumstances, be open to recall or cancellation.
(3)
On receiving a notice of
withdrawal under sub-section (1), the Returning Officer shall, if he is
satisfied that the signature on the notice is that of the candidate, cause a
copy of the notice to be affixed at a conspicuous place in his office.
66.
Candidate to file certificate of party affiliation.—A contesting
candidate, before seeking allotment of a prescribed symbol, shall file a
declaration before the Returning Officer about his affiliation with a
particular political party, if any, along with a certificate from the political
party showing that he is that party‘s candidate from the constituency.
67.
Contested election and allotment of symbols.—(1) If after
withdrawal, if any, there are more than one contesting candidates in the
constituency, the Returning Officer shall allot, subject to any direction of
the Commission, one of the prescribed symbols to each contesting candidate.
(2)
A candidate nominated by a
political party at an election in any constituency shall be allotted the symbol
allocated by the Commission to that political party under the provisions of
Chapter XII and no other symbol.
1472 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(3)
A candidate not nominated by any
political party (hereinafter called as ―independent candidate”) shall choose and shall be allotted one of the symbols not allocated to any political
party, in the following manner—
(a)
where a symbol has been chosen by
only one independent candidate, that symbol shall be allotted to that candidate
and to no one else;
(b)
if a symbol is chosen by more than
one independent candidates and one of them has previously been a Member of the
National Assembly or a Provincial Assembly, such symbol shall be allotted to
that former Member; and
(c)
if more than one independent
candidates have given preference for the same symbol, that symbol shall be
allotted by drawing of lots.
(4)
No symbol shall be allotted to any
candidate other than the prescribed symbols.
(5)
In every constituency where
election is contested, different symbol shall be allotted to each contesting candidate.
68.
List of contesting candidates.—(1) The Returning Officer, after
allotment of symbols to contesting candidates, under section 67 shall—
(a)
publish the names of the
contesting candidates arranged in Urdu alphabetical order specifying against
each the symbol allotted to him; and
(b)
give public notice of the day and
hours of the poll.
(2) The
Returning Officer shall supply a copy of list of contesting candidates to each
candidate and shall exhibit the list at a prominent place in each polling
station on the day of poll.
69.
One day poll.—(1) The Commission shall hold polls for a general election
for an Assembly on the same day and may simultaneously hold the polls for
National Assembly seats and the Provincial Assembly seats.
(2) If the
Commission is satisfied that polls cannot take place in a constituency on
account of a natural calamity or for any other reason beyond its control, the
Commission may fix another day for holding the poll in that constituency.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1473
70.
Hours of the poll.—The Commission shall fix the hours, which shall
not be less than eight, during which the poll shall be held and the Returning
Officer shall give public notice of the hours so fixed and hold the poll
according to the hours fixed by the Commission:
Provided that
the Commission may extend polling hours already fixed at one or more polling
stations in exceptional circumstances to be recorded in writing but such
decision shall be taken at least three hours before the close of the poll
enabling the Returning Officer to convey the decision of the Commission to all
Presiding Officers under his jurisdiction well before the time already fixed
for close of the poll.
71.
Printing of ballot papers.—(1) The Commission shall, pursuant to
the finalization of the list of the polling stations, determine the
constituency-wise requirement of ballot papers based on the formula that the
number of ballot papers per polling station shall be rounded off to the next hundred.
Explanation.—―Rounding off to the next hundred”
means that if the total strength
of voters at a polling station is 1201 to 1299
the requirement of ballot papers for that polling station would be 1300.
(2)
The Commission shall ensure that
the total requirement of ballot papers for the general elections are printed by
the printing presses of the Printing Corporation of Pakistan or such other
press which is owned and operated by any authority under the control of the
Federal or a Provincial Government as may be notified by the Commission for the purpose.
(3)
The Commission shall ensure that
adequate arrangements are made for the security of the presses during the
printing of the ballot papers and for the safe custody of the printed ballot
papers till delivery to the Returning Officer.
(4)
The Commission shall use special
water-marked paper for printing of ballot papers.
72.
Retirement from election.—(1) A contesting candidate may retire
from the election by notice in writing signed by him and delivered to the
Returning Officer on any day not later than four days before the polling day by
the candidate himself or by an advocate authorized in writing by the candidate.
Explanation.—Authorization in favour of
an advocate shall be attested by a Notary appointed under the Notaries
Ordinance, 1961 (XIX of 1961) or an Oath Commissioner appointed under the Oaths
Act, 1873 (X of 1873) or a Government servant in basic pay scale 17 and above.
1474 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(2)
If a contesting candidate retires
from the election under sub-section (1), he shall not be allowed to subsequently
cancel the retirement.
(3)
On receiving a notice of
retirement under sub-section (1), the Returning Officer shall, if he is
satisfied that the signature on the notice is that of the candidate, cause a
copy of the notice to be affixed at a conspicuous place in his office.
(4)
A person in respect of whom a
notice of retirement has been published under sub-section (3) shall be deemed
to have withdrawn his candidature under section 65.
73.
Death of a candidate after nomination.—(1) If a contesting
candidate dies before commencement of the poll or during the polling hours, the
Returning Officer shall, by public notice, terminate the proceedings relating
to that election.
(2) Where the
proceedings relating to an election have been terminated under sub-section (1),
fresh proceedings shall be commenced in accordance with the provisions of this
Act, as if for a new election but it shall not be necessary for the other
contesting candidates to file fresh nomination papers or make a further deposit
under section 61.
74.
Postponement under certain circumstances.—(1) Where the proceedings
relating to nomination, scrutiny or withdrawal cannot, for reasons beyond the
control of the Returning Officer, to be recorded in writing, take place on the
day appointed for the proceedings, he may postpone such proceedings.
(2) When the
proceedings are postponed by the
Returning Officer under sub-section (1), he shall inform the
Commission of his having done so and the Commission shall, by notification in
the official Gazette, fix another day for the proceedings so postponed and, if
necessary, the day or days for any subsequent proceedings.
75.
Uncontested election.—(1) Where, after scrutiny of nomination
papers, there remains only one validly nominated candidate or where, after
withdrawal under section 65 or retirement under section 72, there remains only
one contesting candidate, the Returning Officer shall, by public notice,
declare such candidate to be elected to the seat:
Provided that if
after scrutiny any candidate indicates that he intends to file an appeal under
section 63 against the rejection of his nomination paper, no person shall be
declared elected until the period appointed for filing such appeal has expired
and no such appeal has been filed or, where an appeal is filed, until the disposal
of the appeal.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1475
(2)
The Returning Officer shall submit
to the Commission a return of the result of the election in respect of which he
has made a declaration under sub- section (1).
(3)
The Commission shall, after such
summary enquiry as it may deem necessary in any case, publish in the official
Gazette the name of the candidate declared elected under sub-section (2).
76.
Election agent.—(1) A candidate may appoint a voter in the
constituency as his election agent and shall send to the Returning Officer a
notice in writing of the appointment containing the name, father's name and
address of the election agent.
(2)
The appointment of an election
agent may, at any time be revoked in writing by the candidate and, when it is
so revoked or if the election agent dies, the candidate may appoint another
person as his election agent.
(3)
Where a candidate has not
appointed an election agent, the candidate shall be deemed to be his own
election agent and shall, so far as the circumstances permit, be subject to the
provisions of this Act both as a candidate and as an election agent.
77.
Polling agent.—(1) The contesting candidate or his election agent
may, before the commencement of or during the poll, appoint for each polling
station as many polling agents as may be prescribed and shall give notice in
writing to the Presiding Officer communicating the appointment.
(2) The
appointment of a polling agent under sub-section (1)
may at any time be revoked by the
candidate or his election agent and, when it is so revoked or if the polling
agent dies, another person may be appointed by the candidate or his election
agent as a polling agent and a notice of such appointment shall be given to the
Presiding Officer.
78.
Supply of ballot boxes.—(1) The Returning Officer shall provide
each Presiding Officer with such number of ballot boxes as may be necessary.
(2)
The Commission shall approve the
material and design of the ballot
boxes.
(3)
Not more than one ballot box shall
be used at a time for the purpose of the poll at any polling station, or where
there are more than one polling booths at a polling station, at any polling booth.
(4)
Before the time fixed for the
commencement of the poll, the Presiding Officer shall—
1476 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(a)
ensure that every ballot box to be
used is empty;
(b)
show the empty ballot box to the
contesting candidates and their election agents or polling agents whoever may
be present, and record their statements in this behalf in the prescribed form
and obtain their signatures on the form;
(c)
after the ballot box has been
shown to be empty, close and seal it with his own seal and with the seal of
such of the candidates, or their election agents or polling agents as may be
present and may desire to put their own seals on it; and
(d)
place the ballot box so as to be
conveniently accessible to the voters, and at the same time within his view and
within the view of such candidates or their election agents or polling agents
as may be present.
(5)
If one ballot box is full or
cannot further be used for receiving ballot papers, the Presiding Officer shall
seal that ballot box with his own seal and with the seals of the candidates or
their polling agents who may wish to seal it and keep it in a secure place in
the polling station and use another ballot box in the manner laid down in
sub-section (4).
79.
Supply of final electoral rolls.—(1) The Commission shall provide
the Returning Officer for each constituency with copies of final electoral
rolls for all the electoral areas within that
constituency.
(2)
The Returning Officer shall
provide the Presiding Officer of each polling station with copies of the final
electoral rolls containing the names of the voters entitled to vote at that
polling station.
(3)
On the application of a candidate
or his election agent, the District Election Commissioner or any officer
authorized in this behalf by the Commission shall provide to a candidate or an
election agent a hard and searchable soft copy on universal serial bus (USB) in
portable document format (PDF) or any other tamper-proof format of the final
electoral roll with photographs of the voters and shall ensure that the copy is
the same as provided to the Returning Officer and Presiding Officers.
80.
Supply of ballot papers.—The Commission shall provide the Returning
Officer of a constituency with requisite number of ballot papers as determined
under section 71 in the manner as may be prescribed.
81.
Election by secret ballot.—(1) An election under this Act shall be
held by secret ballot and, subject to the provisions of sections 93, 94 and 103,
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1477
every voter shall cast his vote
by inserting, in accordance with the provisions of this Act, in the ballot box,
a ballot paper in the prescribed form.
(2) The
Presiding Officer shall make such arrangements at the polling station that
every voter may be able to secretly mark his ballot paper before folding and inserting
it in the ballot box.
82.
Admission to the polling station.—The Presiding Officer, shall,
subject to such instructions as the Commission may give in this behalf,
regulate the number of voters to be admitted to the polling station at one time
and shall exclude from the polling station all other persons except—
(a)
any person on duty in connection
with the election;
(b)
the contesting candidates, their
election agents and polling agents; and
(c)
such other persons as may be
specifically permitted by the Commission or any other authority empowered by
the Commission.
83.
Maintenance of order at the polling station.—(1) The Presiding
Officer shall keep order at the polling station and may remove or cause to be
removed any person who misconducts himself at a polling station or fails to
obey any lawful orders of the Presiding Officer.
(2)
Any person removed under
sub-section (1) from a polling station shall not, without the permission of the
Presiding Officer, again enter the polling station during the poll and shall,
if he is accused of an offence in the polling station, be liable to be arrested
without warrant by a Police Officer.
(3)
Powers under this section shall be
so exercised as not to deprive a voter of his right to cast his vote at the
polling station where he is entitled to vote.
(4)
All officials posted at a polling
station including officials of law enforcing agencies shall render their
fullest cooperation to the Presiding Officer for maintenance of order and for
ensuring uninterrupted voting at the polling station.
84.
Voting procedure.—(1) Where a voter presents himself at the polling
station to vote, the Presiding Officer shall issue a ballot paper to the voter
after satisfying himself about his identity and shall, for that purpose,
require him to produce his original National Identity Card issued by the
National Database and Registration Authority.
1478 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(2)
For the purpose of verification of
the identity of a voter, the Commission may adopt such other technology as in
its opinion may prove effective, including bio-metric verification system, in
addition to the National Identity Card mentioned in sub-section (1).
(3)
Failure of a voter to prove his
identity through the new technology shall not disentitle him to cast his vote
if he is otherwise entitled so to do under this section.
(4)
Before a ballot paper is issued to
a voter—
(a)
the number and name of the voter
as entered in the electoral roll shall be called out;
(b)
the entry relating to the voter on
the electoral roll shall be struck off to indicate that a ballot paper has been
issued to him;
(c)
he shall be required to receive a
personal mark, made with indelible ink, on any finger or thumb of either hand
as indicated by the Commission;
(d)
the ballot paper shall be stamped
on its back with the official mark and signed by the Presiding Officer;
(e)
the Presiding Officer shall record
on the counterfoil of the ballot paper the number of the voter on the electoral
roll, the number of the National Identity Card of the voter, stamp it with the
official mark, sign it and obtain on it the thumb impression of the voter; and
(f)
the Polling Officer shall obtain
the thumb impression of the voter on the space provided on the electoral roll
for the purpose against the photograph of the
voter.
(5)
A ballot paper shall not be issued
to a person who
(a)
fails or refuses to produce his
original National Identity Card issued by the National Database and
Registration Authority;
(b)
refuses to put his thumb
impression on the counterfoil or, as the case may be, on the space provided for
the purpose on the electoral roll against his photograph or whose thumb bears
traces of its having already been used for putting an impression; or
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1479
(c)
refuses to receive the personal
mark with indelible ink; or who already bears such a mark or traces of such a mark.
(6)
If a contesting candidate or his
election agent or polling agent alleges that a voter to whom a ballot paper is
about to be issued already has one or more ballot papers in his possession, the
Presiding Officer may require the voter to satisfy him that he does not have
any other ballot paper in his possession and may also take such measures as he
thinks fit to ensure that such voter does not insert more than one ballot paper
in the ballot box.
(7)
On receiving the ballot paper, the
voter shall—
(a)
forthwith proceed to the place
reserved for marking the ballot paper;
(b)
put the prescribed mark on the
ballot paper at any place within the space containing the name and symbol of
the contesting candidate for whom he wishes to vote; and
(c)
after he has so marked the ballot
paper, fold and insert it in the ballot box.
(8)
The voter shall vote without undue
delay and shall leave the polling station immediately after he has inserted his
ballot paper in the ballot box.
(9)
Where a voter is blind or is
otherwise so incapacitated that he cannot vote without the assistance of his
companion, the Presiding Officer shall allow him such assistance and thereupon
such voter may, with such assistance, do anything which a voter is required or
permitted to do under this Act.
85.
Tendered Ballot Papers.—(1) If a person representing himself to be
a voter applies for a ballot paper when another person has already represented
to be that voter and has voted under the name of the person so applying—
(a)
if the applicant meets the
requirements of identity verification laid down in section 84, he shall be
entitled, subject to the provisions of the section to receive a ballot paper
(hereinafter referred to as
―Tendered Ballot Paper") in the same manner as any other
voter;
(b)
if the applicant fails to prove
his claimed identity, the Presiding Officer may proceed against him for
personation punishable under Chapter X.
(2)
The Presiding Officer shall, after
the voter has marked and folded the Tendered Ballot
Paper, place it in the same condition in a separate
packet
1480 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
bearing the label ―Tendered Ballot Papers" instead of being placed in the ballot
box.
(3)
The Presiding Officer shall enter
in a list (Tendered Votes List) the name of the voter who has received a
tendered ballot paper and his number on the electoral roll.
(4)
The Presiding Officer shall send
the Tendered Votes List along with copies of the National Identity Cards and
other documents if any produced by the voters to the Returning Officer, and the
Returning Officer shall send the same along with the electoral roll and
counterfoils bearing the thumb impressions to the Commission.
(5)
The Commission shall send the
Tendered Votes List and other documents mentioned in sub-section (4) to the
National Database and Registration Authority for forensic enquiry to identify
both the voters who voted against one entry in the electoral roll and the
National Database and Registration Authority shall submit a report confirming
the personation or otherwise to the Commission, which shall initiate legal
action against the person who personated or attempted to personate and the
election officials responsible for committing negligence in issuing a ballot
paper to the personator.
86.
Challenge of voters.—(1) If, at the time, a person applies for
ballot paper for the purpose of voting, a candidate or his polling agent
declares to the Presiding Officer that he has reasonable cause to believe that
person has already voted in the election at the same or another polling
station, or is not the person whose name is entered in the electoral roll and
undertakes to prove the charge in a court and deposits with the Presiding
Officer in cash a sum of one hundred rupees, the Presiding Officer may, after
warning the person of the consequences and obtaining on the counterfoil, his
thumb impression and if he is literate, also his signature, issue a ballot
paper (Challenged Ballot Paper) to the person.
(2)
If the Presiding Officer issues a
Challenged Ballot Paper to any person, he shall enter the name and address of
that person in a list to be prepared by him (Challenged Votes List) and obtain
on it the thumb impression and, if he is literate, also the signature of that person.
(3)
The Presiding Officer shall, after
the Challenged Ballot Paper has been marked and folded by the voter, place it
in the same condition in a separate packet bearing the label "Challenged
Ballot Papers", instead of being placed in the ballot box and shall
include it in the count by him in the manner provided in section 90.
87.
Spoilt Ballot Papers.—(1) A voter who has inadvertently so spoilt
his ballot paper that it cannot be used as a valid ballot paper may, upon proving
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1481
the fact of inadvertence to the
satisfaction of the Presiding Officer and returning the ballot paper to him,
obtain another ballot paper and cast his vote by such other ballot paper.
(2) The
Presiding Officer shall cancel the ballot paper returned to him under
sub-section (1), make a note to that effect on the counterfoil under his own
signatures and sign the cancelled ballot paper and place it in a separate
packet bearing the label ―Spoilt Ballot Papers".
88.
Stopping of the poll.—(1) The Presiding Officer shall stop the poll
and inform the Returning Officer that he has done so if—
(a)
the poll at the polling station
is, at any time, so interrupted or obstructed for reasons beyond the control of
the Presiding Officer that it cannot be resumed during the polling hours fixed
under section 70; and
(b)
any ballot box used at the polling
station is unlawfully taken out of the custody of the Presiding Officer, or is
accidentally or intentionally destroyed, or is lost or is damaged or tampered
with to such an extent that the result of the poll at the polling station
cannot be ascertained.
(2)
Where a poll has been stopped
under sub-section (1), the Returning Officer shall immediately report the circumstances
to the Commission and the Commission shall direct a fresh poll at that polling
station unless it is satisfied that the result of the election has been
determined by the polling that has already taken place at that polling station,
along with the result of the polling at other polling stations in the same constituency.
(3)
Where the Commission orders a
fresh poll under sub-section (2)—
(a)
it shall, by notification in the
official Gazette, appoint a day for a fresh poll and fix the place at which and
the hours during which such fresh poll shall be taken; and
(b)
the Returning Officer shall give
public notice of the day so appointed and the place and hours so fixed.
(4)
At a fresh poll taken under
sub-section (3) at a polling station, all voters entitled to vote at the
polling station shall be allowed to vote and no vote cast at the previous poll
stopped under sub-section (1) shall be counted; and the provisions of this Act
and the Rules and orders made under the law shall apply to such fresh poll.
1482 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
89.
Voting after close of poll.—The Presiding Officer shall not issue
any ballot paper or permit any person to vote after the hour fixed for the
close of the poll except the persons who at that hour are present within the
building, room, tent or enclosure in which the polling station is situated and
have not voted but are waiting to vote.
90.
Proceedings at the close of poll.—(1) The Presiding Officer shall
count the votes immediately after the close of the poll in the presence of such
of the contesting candidates, election agents, polling agents and authorized
observers as may be present.
(2)
The Presiding Officer shall give
such of the contesting candidates, election agents, polling agents and
authorized observers as may be present reasonable facility of observing the
count and give them such information with respect to the count as can be given
consistent with the orderly conduct of the count and the discharge of his
duties in connection with the count.
(3)
The Presiding Officer shall not
allow any person to be present at the count other than election officials on
duty in connection with the poll, the contesting candidates, their election
agents and polling agents or any other person authorized by the Commission.
(4)
The Presiding Officer shall—
(a)
open the used ballot box or ballot
boxes and count the entire lot of ballot papers taken out therefrom;
(b)
open the packets bearing the labels ―Tendered Ballot Papers” and
―Challenged Ballot Papers" and count them; and
(c)
count, in such manner as may be
prescribed, the votes cast in favour of each contesting candidate excluding
from the count the Spoilt Ballot Papers and the ballot papers which bear—
(i)
no official mark and signature of
the Presiding Officer;
(ii)
any writing or any mark other than
the official mark, the signature of the Presiding Officer and the prescribed
mark or to which a piece of paper or any other object of any kind has been attached;
(iii)
no prescribed mark to indicate the
contesting candidate for whom the voter has voted; or
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1483
(iv)
any mark from which it is not
clear for whom the voter has voted.
(5)
A ballot paper shall be deemed to
have been marked in favour of a candidate if the whole or more than half of the
area of the prescribed mark appears clearly within the space containing the
name and symbol of that candidate and, where the prescribed mark is divided
equally between two such spaces, the ballot paper shall be deemed invalid.
(6)
The Presiding Officer may recount
the votes if he considers it necessary—
(a)
of his own motion; or
(b)
upon the request of a contesting
candidate, an election agent or a polling agent present:
Provided that the recount shall be made by the Presiding Officer only
once.
(7)
The valid ballot papers cast in
favour of each contesting candidate, shall be put in separate packets and each
such packet shall be sealed and shall contain a certificate as to the number,
both in letters and figures, of the ballot papers put in it and shall also
indicate the nature of its contents, specifying the name and symbol of the
contesting candidate to whom the packet relates.
(8)
The ballot papers excluded from
the count shall be put in a separate packet indicating on the packet the total
number of the ballot papers contained in the packet both in letters and figures.
(9)
The packets mentioned in
sub-sections (7) and (8) shall be put in a principal packet which shall be
sealed by the Presiding Officer.
(10)
The Presiding Officer shall,
immediately after the count, prepare a Result of the Count in such form as may
be prescribed showing therein the number of valid votes polled by each
contesting candidate and the ballot papers excluded from the count.
(11) The Presiding Officer shall prepare in the prescribed form a Ballot
Paper Account showing separately—
(a)
the number of ballot papers
entrusted to him;
(b)
the number of un-issued ballot papers;
1484 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(c)
the number of ballot papers taken
out of the ballot box or boxes and counted;
(d)
the number of Tendered Ballot Papers;
(e)
the number of Challenged Ballot
Papers; and
(f)
the number of Spoilt Ballot Papers.
(12)
The Presiding Officer, after
preparation of the Result of the Count and the Ballot Paper Account, shall sign
them and obtain thereon the signatures of the senior-most Assistant Presiding
Officer and an accredited observer, a candidate or his election agent or
polling agents as may be present in token of the said documents having been
prepared in their presence and if any such person refuses to sign it, the
Presiding Officer shall record a note on the result of the count and the ballot
paper account to that effect.
(13)
The Presiding Officer shall give a
copy each of the Result of the Count and the Ballot Paper Account signed,
stamped and thumb marked by him and the senior most Assistant Presiding Officer
to such of the candidates, their election agents or polling agents as may be
present and obtain a receipt for such copy and if any such person refuses to
sign it, the Presiding Officer shall record a note to that effect.
(14)
The Presiding Officer shall
publish the Result of the Count and Ballot Paper Account, signed by him and
others, by affixing copies at a conspicuous place at the polling station for
public inspection.
(15)
The Presiding Officer shall seal
in separate packets—
(a)
the un-issued ballot papers;
(b)
the Tendered Ballot Papers;
(c)
the Tendered Votes List;
(d)
the Challenged Ballot Papers held
to be valid and counted by the Presiding Officer;
(e)
the Challenged Ballot Papers
considered doubtful and excluded from the count by the Presiding Officer;
(f)
the Challenged Votes List;
(g)
the Spoilt Ballot Papers;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1485
(h)
the marked copies of the electoral rolls;
(i)
the counterfoils of used ballot
papers; and
(j)
such other papers as the
Commission or Returning Officer may direct.
(16)
The Presiding Officer shall obtain
on each statement and packet prepared under this section the signature of such
of the contesting candidates or their election agents or polling agents as may
be present and, if any such person refuses to sign, the Presiding Officer shall
record that fact on each such statement or packet.
(17)
A
person required to sign a statement or packet under sub-section
(16) may, if he so desires, also
affix his seal to it.
(18) After the
close of the proceedings under this section, the Presiding Officer shall, in
compliance with such instructions as may be given by the Commission in this
behalf, cause the packets, the Result of the Count and the Ballot Paper Account
prepared by him to be sent to the Returning Officer and to such other officer
as may be authorized by the Commission, together with such other records as the
Commission may direct.
91.
Statement about turnout of women voters.—(1) The Presiding Officer
shall prepare a gender disaggregated statement of voters showing total number
of men and women voters at the polling station and the total votes cast by men and women voters.
(2)
The Presiding Officer shall send
the gender disaggregated statement of voters to the Returning Officer and to
the Commission at the time of communication of result to the Returning Officer
and the Commission.
(3)
The Presiding Officer may, at any
stage on the polling day during or after the polling, prepare and send a
special report to the Returning Officer and to the Commission if he has reason
to believe that women voters have been restrained from exercising their right
to vote based on any express or implied agreement.
92.
Announcement of provisional results.—On receipt of the Results of
the Count from all Presiding Officers of a constituency, the Returning Officer
shall forthwith prepare and announce provisional Consolidated Statement of
Results of the Count of the constituency (excluding postal ballots) in the
prescribed manner, in the presence of such contesting candidates, their
election agents or authorized
observers as may be present, affix a copy of the provisional
1486 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
Consolidated Statement of Results
signed by him at a conspicuous place in his office and send a copy thereof to
the Commission.
93.
Postal ballot.—(1) The following persons may cast their votes by
postal ballot in such manner as may be prescribed—
(a)
a person referred to in
sub-sections (2) or (3) of section 27;
(b)
a person appointed by the
Returning Officer, including police personnel, for the performance of any duty
in connection with an election at polling station other than the one at which
he is entitled to cast his vote;
(c)
a person with any physical
disability who is unable to travel and holds a National Identity Card with a
logo for physical disability issued by the National Database and Registration
Authority; and
(d)
a person detained in a prison or
held in custody.
(2)
A voter who, being entitled to do
so, intends to cast his vote by postal ballot
shall—
(a)
in the case of a person referred
to in clause (a) and clause (c) of sub-section (1), within such time as may be
specified by the Commission soon after the issuance of the Election Programme;
and
(b)
in the case of a person referred
to in clause (b) of sub-section (1), within three days of his appointment;
apply to the Returning Officer of
the constituency in which he is a voter for a ballot paper for voting by postal
ballot; and every such application shall specify the name of the voter, his
address and his serial number in the electoral roll.
(3)
The Returning Officer shall upon
receipt of an application by a voter under sub-section (2) send by post to such
voter a ballot paper and an envelope bearing on its face a form of certificate
of posting, showing the date thereof, to be filled in by the proper official of
the Post Office at the time of posting by the
voter.
(4)
A voter on receiving his ballot
paper for voting by postal ballot shall record his vote in the prescribed
manner and, after so recording, post the ballot paper to the Returning Officer
in the envelope sent to him under sub- section (3), so as to reach the
Returning Officer before the consolidation of results by him.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1487
94.
Voting by Overseas Pakistanis.—(1) The Commission may conduct pilot
projects for voting by Overseas Pakistanis in bye-elections to ascertain the
technical efficacy, secrecy, security and financial feasibility of such voting
and shall share the results with the Government, which shall, within fifteen
days from the commencement of a session of a House after the receipt of the
report, lay the same before both Houses of Majlis-e-Shoora (Parliament).
(2) In this
section, ‗Overseas Pakistani‘ means a citizen of Pakistan under the
Pakistan Citizenship Act, 1951 (II of 1951) or holder of National Identity Card
for Overseas Pakistanis under the National Database and Registration Authority
ordinance, 2000 (VIII of 2000) who is working or residing abroad permanently or
temporarily for not less than six months.
95.
Consolidation of results.—(1) Immediately after announcement of
provisional results, the Returning Officer shall give the contesting candidates
and their election agents a notice in writing of the day, time and place fixed
for the consolidation of the results, and, in the presence of such of the
contesting candidates and election agents as may be present, consolidate in the
prescribed manner the Results of the Count furnished by the Presiding Officers,
including therein the postal ballots received by him before the time fixed for
the consolidation of results.
(2)
Before consolidating the Results
of the Count, the Returning Officer shall examine the ballot papers excluded
from the count by the Presiding Officer and, if he finds that any such ballot
paper should not have been so excluded, count it as a ballot paper cast in
favour of the contesting candidate for whom the vote has been cast.
(3)
The Returning Officer shall also
count the ballot papers received by him by post in such manner as may be
prescribed and include the votes cast in favour of each contesting candidate in
the Consolidated Statement except those which he may reject on any of the
grounds mentioned in section 90.
(4)
The ballot papers rejected by the
Returning Officer under sub- section (3) shall be mentioned separately in the
consolidated statement.
(5)
Before commencement of the
consolidation proceedings, the Returning Officer shall recount the ballot
papers of one or more polling stations if a request or challenge in writing is
made by a contesting candidate or his election agent and the margin of victory
is less than five percent of the total votes polled in the constituency or ten
thousand votes, whichever is less, or the Returning Officer considers such
request as not unreasonable:
Provided that the recount shall be made by the Returning Officer only
once.
1488 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(6)
The Commission may, before
conclusion of the consolidation proceedings, for reasons to be recorded, direct
the Returning Officer to recount the ballot papers of one or more polling stations.
(7)
If there is a difference between
the Results of the Count received from the Presiding Officers and the results
of the recount, the Returning Officer shall record the difference and details thereof:
Provided that
where the Returning Officer has recounted the votes under sub-section (5) or
sub-section (6), the consolidation proceedings shall be completed within five days
after the polling day.
(8)
The Returning Officer shall,
within twenty four hours after the consolidation proceedings, send to the
Commission signed copies of the Consolidated Statement of the Results of the
Count and Final Consolidated Result together with Results of the Count and the
Ballot Paper Account, as received from the Presiding Officers, and shall retain
copies of these documents for record.
(9)
After consolidation of results,
the Returning Officer shall give to such contesting candidates and their election
agents as are present during the consolidation proceedings a copy of the
Consolidated Statement of the Results of the Count and the Final Consolidated
Result sent to the Commission against proper
receipt.
(10)
On receipt of documents under
sub-section (8), the Commission shall, within fourteen days from the date of
the poll, publish the documents on its website.
96.
Resealing of packets and supply of copies.—The Returning Officer shall—
(a)
immediately after preparing the
Consolidated Statement of the Results of the Count and the Final Consolidated
Result, reseal in the prescribed manner the packets and statements opened by
him for the purpose of consolidation, permitting such of the candidates and
their election agents as may be present to sign the packets and affix their
seals to such packets; and
(b)
supply attested copies of the
Consolidated Statement of the Results of the Count and the Final Consolidated
Result to such of the candidates and their election agents as may be present.
97.
Equality of votes.—(1) Where, after consolidation of the Results of the Count, there is equality
of votes between
two contesting candidates, the
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1489
Returning Officer shall declare
both the candidates as returned and each one of them shall be entitled to
represent his constituency in the respective Assembly for half of its term of
office.
(2)
The Returning Officer shall draw a
lot in respect of the returned candidates referred to in sub-section (1) to
determine as to who shall serve as Member of the Assembly for the first half of
its term of office and the name of the candidate, whose name is drawn in the
lot, shall be notified as such in the official Gazette by the Commission.
(3)
The Returning Officer shall draw
lots in the presence of such of the contesting candidates and their election
agents as may be present.
(4)
The Returning Officer shall keep
record of the proceedings and obtain on the proceedings signature of such of
the candidates and election agents as have been witness to the proceedings, and
if any such person refuses to sign, such fact shall be recorded.
(5)
If, in case of death or any other
cause one of the returned candidates fails to assume office as a Member or his
seat becomes vacant, the other surviving returned candidate shall serve as a
member for whole or remainder of the term of the Assembly.
(6)
Where, on consolidation of
results, there is equality of votes among more than two contesting candidates,
the Commission shall issue fresh Election Programme for the constituency and
determine the date of polling day which shall not be later than sixty days from
the date of consolidation of results of the constituency.
98.
Declaration of results.—(1) On receipt of the Final Consolidated
Result from the Returning Officer, the Commission shall, within fourteen days
from the date of the poll, publish in the official Gazette the name of the
contesting candidate who has received the highest number of votes and stands
elected.
(2)
The Commission shall also publish
in the official Gazette the name of each contesting candidate and the total
number of votes received by him as in the Final Consolidated Result.
(3)
Every returned candidate shall,
within ten days from the poll of an election, submit a return of election expenses
under section 134 and the Commission shall not notify in the official Gazette
the result of a returned candidate who fails to submit his return of election expenses.
1490 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(4)
The Commission shall place the
documents mentioned in sub- sections (1) and (2) on its website within two days
from the date of the publication of the name of the returned candidate in the
official Gazette.
99.
Documents to be retained by the Commission.—(1) The Returning Officer
shall seal the tamper-evident bags provided to him for the purpose after
putting in the bags the following documents—
(a)
the packets containing the ballot
papers each of which shall be sealed with the seal of the Presiding Officer or,
if opened by the Returning Officer, with the seal of the Returning Officer;
(b)
the packets containing the
counterfoils of issued ballot papers;
(c)
the packets containing the marked
copies of the electoral rolls used in the poll;
(d)
the packets containing the Ballot
Paper Account;
(e)
the packets containing the
Tendered Ballot Papers included in the count; the Tendered Ballot Papers
excluded from the count; the Tendered Votes List, and the Challenged Ballot
Papers included in the count; the Challenged Ballot Papers excluded from the count;
the Challenged Votes List; and the Spoilt Ballot Papers; and
(f)
such other papers as the
Commission may direct.
Explanation.—―Tamper-evident
bag” means a specially
designed bag
approved by the Commission, having one or more indicators which, if breached,
can reasonably be expected to provide visible evidence that tampering has
occurred.
(2)
The Returning Officer shall, in
accordance with such procedure as may be prescribed, before sealing the bags
under sub-section (1), endorse in each packet the description of its contents,
the date of the election to which the contents relate and the name and number of the constituency for
which the election was held and shall furnish a certificate to the Commission
that the provisions of sub-sections (1) and (2) have been complied with in
respect of packets relating to all polling stations of the constituency.
(3)
The Commission shall arrange
storage space under its control at appropriate places for safe custody of
tamper-evident sealed bags containing the documents specified in sub-section
(1) pertaining to all constituencies.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1491
(4)
Till arrangements of storage space
are made, the sealed bags shall be deposited in the Treasury or Sub-Treasury
and the Treasury Officer or, as the case may be, Sub-Treasury Officer shall
ensure safety and security of these bags and if any of the bags in his custody
is subsequently found damaged or tampered with, the Commission shall order an
enquiry against the Treasury Officer or Sub- Treasury Officer to determine the
causes of damage or tampering.
(5)
If as a result of enquiry held
under sub-section (4), the Treasury Officer or Sub-Treasury Officer is found
guilty of negligence or a willful act, the competent authority on complaint of
the Commission shall proceed against the Treasury Officer or Sub-Treasury
Officer for breach of official duty.
(6)
If upon opening of the
tamper-evident sealed bag under the order of the Commission, or as the case may
be, the Election Tribunal, any of the packets containing documents specified in
sub-section (1) is found to have been tampered with, the Returning Officer, or,
the Presiding Officer with whose seal the packet was sealed shall be dealt with
in accordance with the provisions relating to breach of official duty.
(7)
The Commission shall retain the
documents contained in the packets deposited under sub-section (4) for a period
of one year from the date of their deposit and shall thereafter, subject to any
order of the Tribunal or other Court,
cause them to be destroyed:
Provided that
the documents of a constituency where election petition has been filed by a
candidate shall be retained till final disposal of the election petition.
100.
Public inspection of documents.—The documents retained by the
Commission under section 99 except the ballot papers, shall be open to public
inspection at such time and subject to such conditions as may be prescribed and
the Commission shall, upon an application made in this behalf and on payment of
such fee and subject to such conditions as may be prescribed, furnish copies
of, or extracts from, those documents.
101.
Order for production of documents.—(1) An Election Tribunal may
order the opening of packets of counterfoils and certificates or the inspection
of any counted ballot papers.
(2) The Election Tribunal may refuse to issue order under sub-section
(1) if it is not likely to have an impact on the result of the election.
(3)
An order under sub-section (1) may
be made subject to such conditions as to persons, time, place and mode of
inspection, production of documents and opening of packets as the Tribunal
making the order may think expedient.
1492 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(4)
Where an order is made under
sub-section (1), the production by the Commission of any document in such
manner as may be directed by the order shall be conclusive evidence that the
document relates to the election specified in the order and any endorsement on
any ballot papers or packet of ballot papers or documents so produced shall be prima facie evidence that the ballot
papers or documents are what the endorsement states them to be.
(5)
The production from proper custody
of a numbered counterfoil bearing the signature or thumb impression of a voter
shall be prima facie evidence that
the voter was the same person whose
name was on the electoral rolls with the same number as was written on the counterfoil.
(6)
Save as is provided in this
section, no person shall be allowed to inspect any rejected or counted ballot
papers in the possession of the Commission.
102.
Bye-elections.—(1) When the seat of a Member becomes vacant, the
Commission shall, by notification in the official Gazette, call upon the
constituency concerned to elect a person to fill the seat for the constituency
on such date as may be specified in the notification and the provisions of this
Act and the Rules shall apply, with necessary changes, to the election to fill
such seat.
(2)
Notwithstanding anything contained in section 57, the days for the several
stages of an election shall be such as may be specified in the notification of
the Commission under sub-section (1).
103.
Electronic voting and biometric verification.—The Commission may
conduct pilot projects for utilization of electronic voting machines and
biometric verification system in bye-elections in addition to the existing
manual procedures for voter verification, casting and counting of votes to
assess the technical efficacy, secrecy, security and financial feasibility of
the electronic voting machines and biometric verification system and shall
share the results with the Government, which shall, within fifteen days from
the commencement of a session of a House after the receipt of the report, lay
the same before both Houses of Majlis-e-Shoora (Parliament).
CHAPTER
VI
ELECTION TO RESERVED SEATS IN AN ASSEMBLY
104.
Party lists for reserved seats.—(1) For the purpose of election to
seats reserved for women and non-Muslims in an Assembly, the political parties
contesting election for such seats shall, within the period fixed by the
Commission for submission of nomination papers, file separate lists of their
candidates in order of priority
for seats reserved
for women and non-Muslims
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1493
with the Commission or, as it may
direct, with the Provincial Election Commissioner or other authorized officer
of the Commission, who shall forthwith cause such lists to be published for
information of the public:
Provided that
the list submitted by a political party shall not be subject to change or
alteration either in the order of priority or through addition of new names in
the list or omission of any name after expiry of the date of submission of
nomination papers.
(2)
The parties‘ lists referred to in
sub-section (1) may contain as many names of additional candidates as a
political party may deem necessary for contesting seats reserved for women and
non-Muslims, to provide for any disqualification of candidates during scrutiny
of nomination papers or for filling of any vacant seats during the term of an Assembly.
(3)
A candidate to a seat reserved for
women or non-Muslims shall file the nomination papers on the Form on or before
the last date fixed for filing of nomination papers for the election and the
nomination papers shall, as nearly as possible, be scrutinized in the same
manner as nomination papers of candidates on general seats are scrutinized
under section 62.
(4)
If, at any time, the party list is
exhausted, the political party may submit a name for any vacancy which may
occur thereafter and the provisions of sub-sections (1), (2) and (3) shall, as
nearly as possible, apply to fill such vacancy.
(5)
Where a seat reserved for women or
non-Muslims in an Assembly falls vacant as a result of death, resignation or
disqualification of a Member, it shall be filled in by the next person in order
of precedence from the party‘s list of candidates submitted to the Commission
under sub-section (1).
(6)
Before notifying the name of the
next person in order of priority from the party list, such person shall submit
a declaration on oath that since the filing of his nomination paper, he has not
become subject to any disqualification contained in Article 63.
(7)
A candidate contesting election on
a seat reserved for women or non-Muslims shall, along with the nomination
papers and its annexures, submit to the Returning Officer appointed by the
Commission in this behalf—
(a)
a copy of the party list of the
candidate‘s political party for such seats;
(b)
declarations and statements in
support of the nomination; and
(c)
proof of deposit of the fee
required for filing nomination papers.
1494 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(8)
Where there is equality of share
on a reserved seat between two or more political parties, the Returning Officer
shall declare the returned candidate by drawing of lots.
CHAPTER
VII
CONDUCT OF ELECTION TO THE SENATE
105.
Returning Officers and Polling Officers.—For the purpose of an
election to the Senate, the Commission shall appoint a Returning Officer for
each Province, the Islamabad
Capital Territory
or the Federally Administered Tribal Areas and shall also appoint such number
of Polling Officers to assist the Returning Officer as it may consider necessary.
106.
Functions of Returning Officer.—(1) A Returning Officer shall
effectively conduct an election under this Act and the Rules.
(2)
A Returning Officer shall exercise
all necessary powers for maintaining order at the polling station and shall
report to the Commission any fact or incident which may affect the conduct or
fairness of the poll.
(3)
The Returning Officer may, during
the course of the poll, entrust to a Polling Officer such of his functions as
may be specified by him; and it shall be the duty of the Polling Officer to
perform the functions so entrusted.
(4)
The Returning Officer shall
authorize one of the Polling Officers to act in his place if he is, at any time
during the poll by reason of illness or other cause, not present at the polling
station or is unable to perform his functions.
(5)
The Returning Officer may, at any
time during the poll and, for reasons to be recorded in writing, suspend any
Polling Officer and make such arrangements as he may consider necessary for the
performance of the functions of the Polling Officer so suspended.
107.
Notification for election.—(1) The Commission shall, by
notification in the official Gazette, call upon the Members of the Assembly of
a Province, the National Assembly or, as the case may be, Members of the
National Assembly elected from the Federally Administered Tribal Areas to elect
such number of Members to the Senate from that Province, Islamabad Capital
Territory or, as the case may be, the Federally Administered Tribal Areas as is
specified in the notification.
(2)
The Commission shall in the same
notification fix—
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1495
(a)
the last date for making
nominations, which shall be the second day after the publication of the
notification or, if that day is a public holiday, the next succeeding day which
is not a public holiday;
(b)
the last date for publication of
the names of the nominated candidates, which shall be the day following the
last date of filing of nomination papers;
(c)
the last date for the scrutiny of
the nominations, which shall be the third day following the last date for
making nominations or, if that day is a public holiday, the next succeeding day
which is not a public holiday;
(d)
the last date for filing of
appeals against acceptance or rejection of nominations, which shall be the
second day following the last date for the scrutiny of nominations or, if that
day is a public holiday, the next succeeding day which is not a public holiday;
(e)
the last date for decision of
appeals, which shall be the second day following the last date for filing of
appeals or, if that day is a public holiday, the next succeeding day which is
not a public holiday;
(f)
the last date for publication of
the revised list of candidates, which shall be the day following the last date
for decision of appeals;
(g)
the last date for the withdrawal
of candidature, which shall be the day following the last date of publication
of revised list of candidates or, if that day is a public holiday, the next
succeeding day which is not a public holiday;
and
(h)
the date on which a poll shall, if
necessary, be taken, which shall be a date not earlier than the seventh day
after the publication of the revised list of
candidates.
(3)
A Returning Officer shall, within
three days after the publication of a notification under sub-section (1), give
public notice of the dates specified by the Commission in respect of election
to the Senate from a Province, Islamabad Capital Territory or the Federally
Administered Tribal Areas, as the case may be, of which he is the Returning Officer
and the public notice shall be published at some prominent place in his office.
(4)
A Returning Officer shall, by the
public notice given under sub- section (3), invite nominations specifying the
time by which and the place at which nomination papers shall be received by him.
1496 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
108.
Supply of list of voters.—The Commission shall provide the
Returning Officer with a list of voters for election to the Senate from a
Province, Islamabad
Capital Territory
or the Federally Administered Tribal Areas, as the case may be.
109.
Polling station.—The Commission shall provide a polling station for
the purpose of election of the Members of the Senate by the Members of each
Provincial Assembly, the National Assembly or Members of the National Assembly
from the Federally Administered Tribal Areas, as the case may be.
110.
Nomination for election.—(1) A voter may propose or second the name
of any person qualified for election to the Senate from a Province, Islamabad Capital Territory
or the Federally Administered Tribal Areas, as the case may be.
(2)
Every nomination shall be made by
a separate nomination paper on Form A signed both by the proposer and the
seconder and shall, on solemn affirmation, be made and signed by the candidate
and shall be accompanied by—
(a)
a declaration that he has
consented to the nomination and that he fulfills the qualifications specified
in Article 62 and is not subject to any of the disqualifications specified in
Article 63 for being elected as a Member of the Senate;
(b)
a declaration that he is a
technocrat or aalim, if the
nomination papers are filed for a seat reserved for technocrat or aalim;
(c)
a declaration that he has opened
an exclusive account with a scheduled bank for the purpose of election expenses;
(d)
an attested copy of his National
Identity Card; and
(e)
a statement of his assets and
liabilities and of his spouse and dependent children as on the preceding
thirtieth day of June on Form B.
(3)
Every nomination paper shall be
delivered to the Returning Officer by the candidate or by his proposer or
seconder or if so authorized in writing by the candidate, by his nominee and
the Returning Officer shall acknowledge receipt of the nomination paper
specifying the date and time of receipt.
(4)
A person may be nominated by not
more than five nomination
papers.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1497
(5)
Every nomination paper shall be
accompanied by a certified copy of the relevant extract from the electoral
rolls in which the name of the person nominated is enrolled.
(6)
The Returning Officer shall assign
a serial number to every nomination paper and endorse on it the name of the
person presenting it and the date and time of its receipt, and inform such
person of the time and place at which he shall hold scrutiny of the nomination papers.
(7)
The Returning Officer shall cause
to be affixed at a conspicuous place in his office a notice of every nomination
paper containing the particulars of the candidates as shown in the nomination paper.
(8)
The Form and accompanying
declarations and statements shall be open to inspection by the public, and the
Commission shall make available copies of these documents in such manner and on
payment of such fee as may be prescribed.
111.
Deposit.—(1) Subject to sub-section (2), the Returning Officer
shall not accept a nomination paper unless—
(a)
a sum of twenty thousand rupees is
deposited in cash by the candidate or by any person on his behalf at the time
of its delivery; or
(b)
it is accompanied by a receipt
showing that a sum as aforesaid has been deposited by the candidate or by any
person on his behalf at any branch of the National Bank of Pakistan or at a Government
Treasury or sub-Treasury.
(2)
Not more than one deposit under
sub-section (1) shall be required in the case of a person who has been
nominated as a candidate by more than one nomination paper.
(3)
The sum deposited shall be non-refundable.
112.
Scrutiny.—(1) The candidates, their proposers and seconders, and an
agent authorized in writing in this behalf by each candidate, may attend the
scrutiny of the nomination papers and the Returning Officer shall give them
reasonable opportunity for examining all the nomination papers.
(2)
The Returning Officer shall, in
the presence of the persons attending the scrutiny under sub-section (1),
examine the nomination papers and decide any objection raised by any such
person to any nomination.
1498 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(3)
The Returning Officer may, for the
purpose of scrutiny, require any agency, authority or organization, including a
financial institution, to produce any document or record or to furnish any such
information as may be necessary to determine facts relating to an objection to
the candidature of a candidate.
(4)
The Returning Officer, while
scrutinizing nomination paper of a candidate, shall not ask any question which—
(a)
has no nexus with the information
supplied in the nomination paper; or
(b)
has not arisen from the objections
raised by any person or from information received under sub-section (3).
(5)
The declaration submitted under
clause (a) of sub-section (2) of section 110 shall only be questioned by the
Returning Officer if tangible material to the contrary is available on record.
(6)
The Returning Officer may, either
on his own motion or upon any objection, conduct such summary enquiry as he may
think fit and reject a nomination paper if he is satisfied that—
(a)
the candidate is not qualified to
be elected as a Member;
(b)
the proposer or the seconder is
not qualified to subscribe to the nomination
paper;
(c)
any provision of section 110 or
section 111 has not been complied with or the declaration or statement
submitted by the candidate is false or incorrect in any material particular; or
(d)
the signature of the proposer or
seconder is not genuine: Provided that—
(i)
the rejection of a nomination
paper shall not invalidate the nomination of a candidate by any other valid
nomination paper;
(ii)
the Returning Officer shall not
reject a nomination paper on the ground of any defect which is not of a
substantial nature and may allow any such defect to be remedied forthwith; and
(iii)
the Returning Officer shall not
inquire into the correctness or validity of any entry in the electoral roll.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1499
(7)
Notwithstanding anything contained
in sub-section (8), where a candidate deposits any amount of loan, tax or
government dues and utility expenses payable by him of which he is unaware at
the time of filing of his nomination paper such nomination paper shall not be
rejected on the ground of default in payment of such loan, taxes or government
dues and utility expenses:
Provided that
where the Returning Officer is satisfied that the candidate has willfully
concealed such loan, tax or government dues and utility expenses, he shall
reject his nomination paper.
(8)
The Returning Officer shall
endorse on each nomination paper his decision accepting or rejecting it and
shall, in the case of rejection, record a brief statement of the reasons his decision.
113.
Appeal against scrutiny order.—(1) A candidate or an objector may,
within the time specified by the Commission, file an appeal against the
decision of the Returning Officer rejecting or, as the case may be, accepting a
nomination paper to the Tribunal constituted for the purpose consisting of a
person who is a Judge of a High Court, appointed by the Commission in
consultation with the Chief Justice of the High Court concerned.
(2)
An appeal filed under sub-section
(1) shall be summarily decided within such time as may be notified by the
Commission and any order passed on the appeal shall be final.
(3)
If, on the basis of information or
material coming to its knowledge by any source, a Tribunal constituted under
sub-section (1) is of the opinion that a candidate whose nomination paper has
been accepted is a defaulter of loans, taxes, government dues and utility
expenses or has had any loan written off or has willfully concealed such fact
or suffers from any other disqualification from being elected as a Member of
the Senate, it may, on its own motion, call upon such candidate to show cause
why his nomination papers may not be rejected, and if the Tribunal is satisfied
that the candidate is actually a defaulter or has had a loan written off or
suffers from any disqualification, it may reject the nomination paper of the candidate.
(4)
Announcement of the day and time
appointed for the hearing of an appeal under this section over the radio or
television or by publication in the newspaper shall be deemed to be sufficient
notice of the day and time so appointed.
114.
Publication of list of candidates.—(1) The Returning Officer shall,
after the scrutiny of nomination papers, prepare and display in the prescribed
manner a list of validly nominated candidates.
1500 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(2)
In case an appeal against
rejection or, as the case may be, acceptance of a nomination paper, is accepted
by the Tribunal, the list of validly nominated candidates shall be revised accordingly.
(3)
The Commission shall publish the
list of validly nominated candidates under this section on its website.
115.
Withdrawal.—(1) A validly nominated candidate may, by notice in
writing signed by him and delivered to the Returning Officer on or before the
last date for withdrawal either by the candidate himself or by an agent
authorized in writing by the candidate, withdraw his candidature.
Explanation.—Authorization in favour of
an agent or advocate shall be attested by a Notary appointed under the Notaries
Ordinance 1961 (XIX of 1961) or an Oath Commissioner appointed under the Oaths
Act, 1873 (X of 1873) or a Government servant in basic pay scale 17 and above.
(2)
A notice of withdrawal under
sub-section (1) shall, in no circumstances, be open to recall or cancellation.
(3)
On receiving a notice of
withdrawal under sub-section (1), the Returning Officer shall, if he is
satisfied that the signature on the notice is that of the candidate, cause a
copy of the notice to be affixed at a conspicuous place in his office.
(4)
The Returning Officer shall, on
the day next following the withdrawal day, prepare and publish in the
prescribed manner a list of contesting candidates and forward a copy of the
list to each candidate, giving public notice of the date, hour and place of the poll.
(5)
The Returning Officer shall
publish the notice, list of contesting candidates and public notice of the
date, hour and place of the poll under sub- sections (3) and (4) on the website
of the Commission.
116.
Death of a candidate after nomination.—(1) If a validly nominated
candidate who has not withdrawn his candidature dies before the day for taking
of the poll, the Returning Officer shall, by public notice, terminate the
proceedings for election to the category of seats for which he had filed the
nomination papers and make a report to the Commission.
(2) Where the
proceedings relating to an election have been terminated under sub-section (1),
proceedings for fresh election shall be commenced in accordance with the
provisions of this Act as if for a new election:
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1501
Provided that it
shall not be necessary for other contesting candidates who have already filed
nomination papers to file fresh nomination papers or make a further deposit
under section 111.
117.
Postponement under certain circumstances.—Where the proceedings
relating to nomination, scrutiny or withdrawal cannot, for reasons beyond the
control of the Returning Officer, to be recorded in writing, take place on the day
appointed for the purpose, he may postpone or adjourn such proceedings and
shall, with the approval of the Commission, by public notice fix another day
for the proceedings so postponed or adjourned, and, if necessary, also the day
or days for any subsequent proceedings.
118.
Uncontested election.—(1) Where, after scrutiny of nomination
papers or withdrawal under section 115, the number of validly nominated
candidates or, as the case may be, the contesting candidates from a Province,
Islamabad Capital Territory or the Federally Administered Tribal Areas is less
than or equal to the number of seats to be filled for that Province, Islamabad
Capital Territory or, the Federally Administered Tribal Areas, as the case
may be, the Returning Officer shall, by
public notice, declare such candidates to be elected to the seats and send a
return of election to the Commission.
(2)
The Returning Officer shall not
declare any candidate elected uncontested under sub-section (1) until the
period appointed for filing of appeal against the decision of scrutiny of
nomination papers has expired and where an appeal is filed, until the disposal
of the appeal.
(3)
The Commission shall publish in
the official Gazette the names of the returned
candidates.
(4)
Where the number of candidates
declared elected under sub-section
(1) is less than the number of seats to be filled, fresh proceedings shall
be commenced in accordance with the provisions of this Act, as if for a new
election, to fill the vacant seat or seats.
119.
Contested election.—If after withdrawals, if any, the number of
candidates exceeds the number of seats, the Returning Officer shall, on the
appointed day, conduct the poll, after giving a notice of the poll to the
contesting candidates.
120.
Hours of poll.—The Returning Officer shall, subject to any
direction of the Commission, fix the hours during which the poll shall be taken
and give public notice of the hours fixed for the poll.
1502 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
121.
Adjourned poll.—(1) If at any time the poll is interrupted or
obstructed for reasons beyond the control of the Returning Officer, he may stop
the poll and shall inform the Commission of his having done so.
(2)
Where a poll is stopped under
sub-section (1), the Returning Officer
shall immediately report the circumstances to the Commission and appoint, with
the approval of the Commission, a day for a fresh poll and fix the place at
which, and the hours during which such fresh poll shall be taken.
(3)
All voters shall be allowed to
vote at the fresh poll taken under sub- section (2) and a vote cast at the poll
stopped under sub-section (1) shall not be counted.
122.
Voting procedure.—(1) All voters shall be entitled to vote at an
election.
(2)
No vote shall be given by proxy.
(3)
Each voter shall have only one
transferable vote for each category of seats irrespective of the number of
seats to be filled for such category:
Provided that
for purposes of election of Members of the Senate from the Federally
Administered Tribal Areas, a voter who is a Member of the National Assembly
from the Federally Administered Tribal Areas shall vote, in such manner as the
President may, by Order, prescribe.
(4)
A voter shall cast his vote in the
prescribed manner, except that the procedure of voting for Members of the
National Assembly from the Federally Administered Tribal Areas shall be
prescribed separately.
(5)
The ballot papers shall be in such
form as the Commission may
specify.
(6)
The poll for election of Members
of the Senate shall be held by secret ballot.
123.
Proceedings at the close of poll.—(1) Immediately after the close
of poll, the Returning Officer shall proceed with the counting of votes in the
prescribed manner.
(2)
On the completion of counting, the
Returning Officer shall prepare and certify a return of the election and submit
the same to the Commission in the prescribed
manner.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1503
(3)
Every returned candidate shall,
within five days from the date of election, submit return of election expenses
in accordance with the provisions of section
134.
124.
Declaration of result of election.—On receipt of the returns of the
election, the Commission shall publish in the official Gazette and on its
website the names of the returned candidates:
Provided that
the name of a candidate shall not be published who fails to submit the return
of election expenses.
125.
Appeal against count.—(1) A contesting candidate who is aggrieved
by any proceedings relating to the count of votes may file an appeal
challenging the count to the Commission.
(2)
An appeal under sub-section (1)
may be filed by the candidate in person or through a person authorized in
writing by the candidate in this behalf, within three days next following the
date of the completion of the count of votes by the Returning Officer.
(3)
The appeal shall be addressed to
the Commission and filed with the Secretary of the Commission.
(4)
The appeal shall be in the form of
a memorandum which shall state the grounds for such appeal and shall be
accompanied by copies of receipts to the effect that the appellant has served a
copy of the appeal personally or by registered post to each contesting candidate.
(5)
The Commission may, after giving
the parties an opportunity of being heard—
(a)
dismiss the appeal; or
(b)
determine the result of the election
on the count of valid votes as corrected, after adjudicating upon the invalid
votes, if any, and make such consequential order as may be necessary.
(6)
The decision of the Commission on
appeal under sub-section (5) shall be final.
(7)
No question that can be settled in
an appeal under this section shall be raised by an election petition or before
any court or authority whatsoever, nor shall any question that can be raised by
an election petition be raised before any court or authority other than the
Election Tribunal.
1504 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
126.
Commission to have certain powers of a court.—For the purpose of
the disposal of an appeal, the Commission shall have the same powers as are
vested in a court under the Code of Civil Procedure, 1908 (Act V of 1908) when
trying a suit in respect of the following matters—
(a)
enforcing the attendance of any
person and examining him on oath;
(b)
compelling the discovery and
production of documents, articles or things;
(c)
issuing commissions for the
examination of witnesses;
(d)
requiring the deposit of diet and
travelling expenses of witnesses;
(e)
receiving evidence on affidavits;
(f)
granting adjournments; and
(g)
summoning and examining, on its
own motion, any person whose evidence appears to be material.
127.
Casual vacancy.—(1) When, before the expiration of the term of the
office of a Member elected to the Senate, his seat becomes vacant or is
declared vacant or his election to the Senate is declared void, the Commission
shall, by notification in the official Gazette, call upon the Members of the
Provincial Assembly, the National Assembly or the Members of the National
Assembly elected from the Federally Administered Tribal Areas, as the case may
be, to elect a person for the purpose of filling the vacancy on such date as
may be specified in the notification; and the provisions of this Act and the
Rules shall apply, in relation to the election of a Member to fill the vacancy.
(2)
When the seats of two or more
Members, who were elected to the Senate by a Provincial Assembly, the National
Assembly or, by the Members of the National Assembly elected from the Federally
Administered Tribal Areas, become vacant, as the case may be, and whose term of
office was due to expire on the same day become vacant simultaneously,
elections to fill such seats may be held together.
(3)
When the seats of two or more
Members, who were elected to the Senate by a Provincial Assembly, the National
Assembly or by the Members of the National Assembly elected from the Federally
Administered Tribal Areas and whose term of office was due to expire on different dates become vacant
simultaneously, elections to fill such seats may be held separately.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1505
128.
Extension of time for completion of election.—The Commission may,
for reasons which it considers sufficient, extend the time for completion of an
election to the Senate by making necessary amendments in the notification
issued under section 107.
129.
Term of office.—(1) The term of office of a Member of the Senate
shall commence on the date of the first meeting of the Senate held after the
names of the persons elected to the Senate are notified by the Commission.
(2)
If a candidate is elected as
Member of the Senate on a seat which has become vacant or a seat declared
vacant or a seat where election of a Member of the Senate is declared void and
another candidate is declared to have been elected in his place, the term of
such candidate shall be the unexpired term of such Member.
(3)
If the election of all the Members
declared elected under this Chapter is declared void, the term of the Members
elected in their places shall be the unexpired term of the Members whose
election is declared void.
130.
Vacancy in electoral college not to invalidate election.—An
election of a Member of the Senate by the Members of a Provincial Assembly,
Members of the National Assembly or Members elected to the National Assembly
from the Federally Administered Tribal Areas, as the case may be, shall not be
called in question on the ground merely of the existence of any vacancy in the
membership of the Assembly or in the membership of Members from the Federally
Administered Tribal Areas.
131.
Drawing of lots.—(1) For the purpose of dividing the Members into two
groups, the Commission shall draw lots in the prescribed manner and in the
presence of such Members or persons authorized by them in writing as may be
present, after notifying in the official Gazette the time and place of drawing
of lots.
(2) The term of office of each Member determined under sub-section
(1) shall be notified by the Commission in the official Gazette.
(3)
If the election of a Member whose
term of office is determined under sub-section (1) is declared void and another
candidate is declared elected in his place, the term of such candidate shall be
the unexpired term of such member.
(4)
If the election of all the Members
is declared void, the Members elected in their place shall be divided into two
groups and the term of their office shall
be determined and notified in the
manner specified in sub-sections (1)
and (2):
1506 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
Provided that
the term of office of the Members so elected shall be the unexpired term of the
Members of the respective groups.
CHAPTER VIII
ELECTION EXPENSES AND STATEMENT OF ASSETS AND LIABILITIES
132.
Restriction on election expenses.—(1) The election expenses of a
candidate shall include the expenses incurred by any person or a political
party on behalf of the candidate or incurred by a political party specifically
for the candidate.
(2)
Where any person incurs any
election expenses on behalf of a candidate, whether for stationery, postage,
advertisement, transport or for any other item, such expenses shall be deemed
to be the election expenses incurred by the candidate himself.
(3)
The election expenses of a
contesting candidate shall not exceed—
(a)
one million and five hundred
thousand rupees for election to a seat in the
Senate;
(b)
four million rupees for election
to a seat in the National Assembly; and
(c)
two million rupees for election to
a seat in a Provincial Assembly.
(4)
A candidate shall, through bills,
receipts and other documents, vouch for every payment made in respect of
election expenses, except where the amount is less than one thousand rupees.
(5)
If election expenses of a
candidate are disputed, the Commission may conduct an enquiry to ascertain
whether the election expenses, incurred by any person other than the candidate,
were incurred with his permission and if the expenses were incurred without his
permission, it would not be deemed to be election expenses on behalf of the candidate.
133.
Bank account for election expenses.—(1) For purposes of his
election expenses, a candidate shall open an exclusive account with any branch of a scheduled bank before the date fixed for
scrutiny of nomination papers and maintain, or cause to be maintained, a
register of receipts and expenditures.
(2)
A candidate shall not make any
transaction towards the election expenses through an account other than the
account opened for the purpose.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1507
(3)
A candidate may open the bank
account for election expenses with an amount not exceeding the limit of
election expenses provided under section 132.
134.
Return of election expenses.—(1) A contesting candidate, other than
the returned candidate, shall submit the return of his election expenses on
Form C within thirty days of the publication of the name of the returned
candidate.
(2) The return
of election expenses of the returned candidate and a contesting candidate shall
be submitted to the Returning Officer on Form C.
135.
Inspection of returns.—(1) Immediately on receipt, the returns and
documents submitted under section 134, shall be sent by the Returning Officer
to the Commission and shall, for a period of one year from the date of receipt
by it, be open to inspection by any person on payment of the prescribed fee.
(2) The
Commission shall, on an application made in this behalf and on payment of the
prescribed fee, give any person copies of any return or document or any part
thereof kept under sub-section (1).
136.
Action relating to election expenses.—(1) The Commission shall, in
accordance with such procedure as may be prescribed but within ninety days from
the date of submission of a return of election expenses, scrutinize or cause to
be scrutinized the return of election expenses submitted by each contesting
candidate including the returned candidate.
(2)
If the Commission fails to
finalize scrutiny of any return of election expenses within ninety days under
sub-section (1), the return of election expenses shall be deemed to be
scrutinized and accepted as correct.
(3)
Where after scrutiny of returns
under sub-section (1), the Commission is of the view that a candidate has acted
in contravention of the provisions of section 132, the Commission shall direct
an authorized officer to file a complaint against such candidate for committing
the offence of corrupt practice.
(4)
Where a contesting candidate fails
to file requisite returns within the specified period, the Returning Officer
shall cause a notice to be issued to such candidate calling upon him to show
cause why proceedings may not be initiated against him for failure to file
requisite returns and if despite service of notice, he does not comply with the
provisions of section 134, the Returning Officer shall report the matter to the Commission.
1508 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(5)
On receipt of report under sub-section
(4), the Commission shall issue notice calling upon the candidate to show cause
as to why a complaint may not be filed against him for failure to file
requisite returns.
(6)
The candidate may file an
application for condonation of delay in filing the returns along with the
return and the Commission may condone the delay, if it is satisfied that such
failure was made in good faith due to circumstances beyond the control of the
candidate, and accept the return.
(7)
In case of rejection of
application for condonation of delay under sub-section (6), the Commission
shall direct an authorized officer to file a complaint against such candidate
for committing the offence of illegal practice.
137.
Submission of statement of assets and liabilities.—(1) Every Member
of an Assembly and Senate shall submit to the Commission, on or before 31st
December each year, a copy of his statement of assets and liabilities including
assets and liabilities of his spouse and dependent children as on the preceding
thirtieth day of June on Form B.
(2)
The Commission, on the first day
of January each year through a press release, shall publish the names of
Members who failed to submit the requisite statement of assets and liabilities
within the period specified under sub- section
(1).
(3)
The Commission shall, on the
sixteenth day of January, by an order suspend the membership of a Member of an
Assembly and Senate who fails to submit the statement of assets and liabilities
by the fifteenth day of January and such Member shall cease to function till he
files the statement of assets and liabilities.
(4)
Where a Member submits the
statement of assets and liabilities under this section which is found to be
false in material particulars, he may, within one hundred and twenty days from
the date submission of the statement, be proceeded against for committing the
offence of corrupt practice.
138.
Publication of statement of assets and liabilities.—The Commission
shall publish in the official Gazette the statements of assets and liabilities
received by it under section 137 and any person may obtain copies of a
statement of assets and liabilities on payment of prescribed fee.
CHAPTER
IX
ELECTION DISPUTES
139.
Election petition.—(1) No election shall be called in question
except by an election petition filed by a candidate for that election.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1509
(2)
In this Chapter—
(a)
‗corrupt or illegal practice‘
means a ‗corrupt practice‘ or an ‗illegal practice‘ as defined in
Chapter X;
(b)
‗petitioner‘ means the
candidate who has filed an election petition; and
(c)
‗respondent‘ means a person
joined as respondent in the election petition under section 143.
140.
Appointment of Election Tribunals.—(1) For the trial of election
petitions under this Act, the Commission shall appoint as many Election
Tribunals as may be necessary for swift disposal of election petitions.
(2)
An Election Tribunal shall comprise—
(a)
in the case of an election to an
Assembly or the Senate, a person who is or has been a Judge of a High Court; and
(b)
in the case of an election to a
local government, a District and Sessions Judge or an Additional District and
Sessions Judge.
(3)
The Commission shall appoint a
sitting judge as Election Tribunal in consultation with the Chief Justice of
the High Court concerned.
141.
Powers of the Election Tribunal.—(1) The Election Tribunal shall
have all the powers of a civil court trying a suit under the Code of Civil
Procedure, 1908 (Act V of 1908), and shall be deemed to be a civil court within
the meaning of sections 476, 480 and 482 of the Code.
(2) For the
purpose of enforcing attendance of witnesses,
the local limits of the
jurisdiction of the Election Tribunal shall be the territories to which this Act
extends.
142.
Presentation of petition.—(1) An election petition shall be
presented to the Election Tribunal within forty-five days of the publication in
the official Gazette of the name of the returned candidate and shall be
accompanied by a receipt showing that the petitioner has deposited at any
branch of the National Bank of Pakistan or at a Government Treasury or
Sub-Treasury in favour of the Commission, under the prescribed head of account,
as security for the costs of the petition, such amount as may be prescribed.
(2)
An election petition shall be
deemed to have been presented—
1510 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(a)
when delivered to the Election
Tribunal appointed under section 140—
(i)
by the petitioner in person; or
(ii)
by a person authorized in writing
in this behalf by the petitioner; or
(b)
when sent by registered post or
courier service to the Election Tribunal by the petitioner.
(3)
An election petition, if sent by
registered post or courier service, shall be deemed to have been presented in
time if it is posted or sent within the period specified in sub-section (1).
143.
Parties to the petition.—(1) The petitioner shall join as
respondents to his election petition all other contesting candidates.
(2)
The Election Tribunal may direct
the petitioner to join any other person as respondent against whom any specific
allegation of contravention of this Act has been made.
(3)
The petitioner shall serve a copy
of the election petition with all annexures on each respondent, personally or
by registered post or courier service, before or at the time of filing the election petition.
144.
Contents of petition.—(1) An election petition shall contain—
(a)
a precise statement of the
material facts on which the petitioner relies; and
(b)
full particulars of any corrupt or
illegal practice or other illegal act alleged to have been committed, including
names of the parties who are alleged to have committed such corrupt or illegal
practice or illegal act and the date and place of the commission of such
practice or act.
(2)
The following documents shall be
attached with the petition—
(a)
complete list of witnesses and
their statements on affidavits;
(b)
documentary evidence relied upon
by the petitioner in support of allegations referred to in para (b);
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1511
(c)
affidavit of service to the effect
that a copy of the petition along with copies of all annexures, including list
of witnesses, affidavits and documentary evidence, have been sent to all the
respondents by registered post or courier service; and
(d)
the relief claimed by the petitioner.
(3)
A petitioner may claim as relief
any of the following declarations—
(a)
that the election of the returned
candidate is void and petitioner or some other candidate has been elected; or
(b)
that the election of the returned
candidate is partially void and that fresh poll be ordered in one or more
polling stations; or
(c)
that the election as a whole is
void and fresh poll be conducted in the entire
constituency.
(4)
An election petition and its
annexures shall be signed by the petitioner and the petition shall be verified
in the manner laid down in the Code of Civil Procedure, 1908 (Act V of 1908)
for the verification of pleadings.
145.
Procedure before the Election Tribunal.—(1) If any provision of
section 142, 143 or 144 has not been complied with, the Election Tribunal shall
summarily reject the election petition.
(2)
If an election petition is not
rejected under sub-section (1), the Election Tribunal shall issue notice to
each of the respondents through—
(a)
registered post acknowledgement due;
(b)
courier service or urgent mail service;
(c)
any electronic mode of
communication, which may include radio, television, email and short message
service (sms);
(d)
affixing a copy of the notice at
some conspicuous part of the house, if any, in which the respondent is known to
have last resided or at a place where the respondent is known to have last
carried on business or personally worked for
gain;
(e)
publication in two widely
circulated daily newspapers at the cost of the petitioner; and
(f)
any other manner or mode as the Tribunal
may deem fit.
1512 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
146.
Appearance before Election Tribunal.—(1) Any appearance,
application or act before an Election Tribunal may be made or done by a party
in person or by an advocate or any other person entitled or allowed to plead in
a civil court and duly appointed to act on his
behalf:
Provided that
the Tribunal may, where it considers it necessary, direct any party to appear
in person.
(2) If a respondent fails to appear before the Election
Tribunal on a date of hearing despite
service of notice through any one of the modes mentioned in section 145, the
Tribunal shall proceed against the respondent
ex-parte.
147.
Contents of reply.—(1) The reply by a respondent to an election
petition shall contain a precise statement of the material facts on which the
respondent relies to rebut the allegations in the election petition.
(2)
The respondent shall, amongst
others, attach the following documents with the reply—
(a)
complete list of witnesses and their
statements on affidavits; and
(b)
documentary evidence relied upon
by the respondent to rebut the allegations in the election petition.
(3)
In addition to dismissal of the
election petition, the respondent may claim costs of the proceedings as well as
award of special costs if the election petition is held to be frivolous or vexatious.
148.
Procedure before Election Tribunal for trial of petitions.—(1)
Subject to this Act and the Rules, the trial of an election petition, shall be
as nearly as possible, in accordance with the procedure applicable under the
Code of Civil Procedure, 1908 (Act V of 1908) to the trial of suits and the Qanun-e- Shahadat Order, 1984
(President‘s Order. No. X of 1984).
(2)
The Election Tribunal shall,
unless it directs otherwise for reasons to be recorded, order any or all the
facts to be proved or disproved by affidavit and may, for the purposes of
expeditious disposal, apply such other procedure as the circumstances of the
case may warrant.
(3)
The Qanun-e-Shahadat Order, 1984 (President‘s Order. No. X of 1984),
shall apply to the trial of an election petition unless otherwise provided
under this Act.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1513
(4)
On filing of reply by the
respondent, the Election Tribunal may, with the consent of parties, fix
specific dates for trial and disposal of the petition, providing for continuous
hearing without adjournment.
(5)
If the parties do not consent to
specific dates under sub-section (4), the Election Tribunal shall proceed with
the trial of the election petition on day- to-day basis and no adjournment
shall be granted to any party for more than seven days and that too on payment
of such costs as the Tribunal may determine and the election petition shall be
decided within one hundred and twenty days of its filing.
(6)
If an election petition is not
finally decided within one hundred and twenty
days—
(a)
further adjournment sought by a
party shall be granted only on payment of special costs of ten thousand rupees
per adjournment and adjournment shall not be granted for more than three days;
(b)
if the Election Tribunal itself
adjourns the election petition, it shall record reasons for such adjournment;
(c)
where the delay in the proceedings
is occasioned by any act or omission of a returned candidate or any other
person acting on his behalf, the Election Tribunal itself or on application of
the aggrieved party, may, after issuance of show cause notice to the returned
candidate and within fifteen days of the date of show cause notice, order that
the returned candidate has ceased to perform the functions of his office either
till the conclusion of the proceedings or for such period as the Tribunal may
direct; and
(d)
if a serving Judge is the Election
Tribunal, the Commission shall request the Chief Justice of the High Court that
no judicial work other than election petitions should, to the extent
practicable, be entrusted to him till the final disposal of the election petitions.
(7)
The Election Tribunal may, for
reasons to be recorded, refuse to examine any witness if it is of the opinion
that the evidence of such witness is not material for the decision of the
election petition or that the party on whose behalf such witness has been
summoned has done so on frivolous grounds or with a view to delaying the proceedings.
(8)
Notwithstanding anything contained
in any other law, no document shall be inadmissible in evidence at the trial of
an election petition only on the ground that it is not properly stamped or
registered under the relevant law.
1514 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(9)
A witness shall not be excused
from answering any question as to any matter in issue or relevant to a matter
in issue in the trial of an election petition upon the ground that the answer
to such question may incriminate or tend
to incriminate him or that it may expose or tend to expose him to any penalty
or forfeiture, but a witness shall not be required or permitted to state for
whom he has voted at an election.
(10)
A witness who truly answers all
questions which he is required to answer may be granted a certificate of
indemnity by the Election Tribunal and an answer given by him to a question put
by or before the Tribunal shall not, except in the case of any criminal
proceeding for perjury in respect of his evidence, be admissible in evidence
against him in any civil or criminal proceedings.
(11)
A certificate of indemnity granted
to any witness under sub-section
(10) may be pleaded by him in any
court and shall be a full and complete defence to or upon any charge under
Chapter IXA of the Pakistan Penal Code, 1860 (Act LXV of 1860) or under this
Act, arising out of the matters to which such certificate relates, but it shall
not be deemed to relieve him from any disqualification in connection with an election
imposed by any law.
(12) The
Election Tribunal shall direct any party to pay reasonable expenses incurred by
any person in attending the Tribunal to give evidence and shall, unless the
Tribunal otherwise directs, be deemed to be part of the costs.
149.
Amendment of petition.—(1) The Election Tribunal may, at any time
before the commencement of recording of evidence and upon such terms and on
payment of such costs as it may direct, allow the petitioner to amend the
election petition in such manner as may, in its opinion, be necessary for
ensuring a fair and effective trial and for determining the real questions at
issue but shall not permit raising of a new ground of challenge to the election
through such amendment.
(2) At any time
during the trial of an election petition, the Election Tribunal may call upon
the petitioner to deposit such further sum by way of security, in addition to
the sum deposited under section 142 as it may deem fit and shall dismiss the
election petition, if the petitioner fails to make the further deposit.
150. Place of trial.—The trial of
an election petition shall be held at such place or places as the Tribunal may
think fit.
151.
Power to transfer petition.—The Commission may at any stage, on its
own motion or on an application of a party and for reasons to be recorded,
transfer an election petition from one Election Tribunal to another Election
Tribunal and the Election Tribunal to which the election petition is transferred—
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1515
(a)
shall proceed with the trial of
the election petition from the stage from which it is transferred; and
(b)
may, if it deems fit, recall and
examine any witness who has already been examined.
152.
Advocate-General to assist the Election Tribunal.—The
Advocate-General for a Province shall, if an Election Tribunal requires, assist
the Tribunal at the hearing of an election petition in such manner as it may require.
153.
Recrimination where seat is claimed.—(1) Where in an election
petition a declaration is claimed that a candidate other than the returned
candidate has been elected, the returned candidate or any other respondent may
produce evidence to prove that the election of such other candidate would have
been declared void had he been the returned candidate and had a petition been
presented calling his election in question.
(2)
The Election Tribunal shall not
allow the returned candidate or other respondent to produce evidence under
sub-section (1) unless he has, within the fourteen days next following the
commencement of the trial, given notice to the Tribunal of his intention to
produce such evidence and has also deposited the amount under section 142.
(3)
Every notice referred to in
sub-section (2) shall be accompanied by a statement of the case, and all the
provisions relating to the contents, verification, trial and procedure of an
election petition, or to the security deposit in respect of an election
petition, shall apply to such a statement as if it were an election petition.
154.
Decision of the Election Tribunal.—(1) The Election Tribunal may,
upon the conclusion of the trial of an election petition, make an order—
(a)
dismissing the petition;
(b)
declaring—
(i)
the election of the returned
candidate to be void and directing that fresh poll be held in one or more
polling stations;
(ii)
the election of the returned
candidate to be void and the petitioner or any other contesting candidate to
have been elected; or
(iii)
the election as a whole to be void
and directing that fresh election be held in the entire constituency.
1516 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(2) Save as
provided in section 155, the decision of an
Election Tribunal on an election
petition shall be final.
155.
Appeal against decision of Election Tribunal.—(1) Any person aggrieved
by the final decision of the Election Tribunal in respect of an election
petition challenging election to an Assembly or Senate may, within thirty days
of the date of the decision, appeal to the Supreme Court.
(2) Any person
aggrieved by the final decision of the Election Tribunal in respect of an
election petition challenging election to a local government, may, within
thirty days of the date of the decision, appeal to the High Court having
jurisdiction and the decision of the High Court on such appeal shall be final.
156.
Ground for declaring election of returned candidate void.—(1) The
Election Tribunal shall declare the election of the returned candidate to be
void if—
(a)
the nomination of the returned
candidate was invalid; or
(b)
the returned candidate was not, on
the nomination day, qualified for, or was disqualified from, being elected as a
Member; or
(c)
the election of the returned
candidate has been procured or induced by any corrupt or illegal practice; or
(d)
a corrupt or illegal practice has
been committed by the returned candidate or his election agent or by any other
person with the consent or connivance of the candidate or his election agent.
(2)
If the contravention or corrupt or
illegal practice is proved at a polling station, the Election Tribunal may,
while declaring election of the returned candidate void, direct re-poll at the
polling station.
(3)
The election of a returned
candidate shall not be declared void on the ground—
(a)
that any corrupt or illegal
practice has been committed, if the Election Tribunal is satisfied that it was
not committed by or with the consent or connivance of that candidate or his
election agent and that the candidate and the election agent took all
reasonable precaution to prevent its commission; or
(b)
that any of the other contesting
candidates was, on the nomination day not qualified for or was disqualified
from, being elected as a Member.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1517
157.
Ground for declaring a person other than a returned candidate elected.—The
Election Tribunal shall declare the election of the returned candidate to be
void and the petitioner or any other contesting candidate to have been elected,
if it is claimed by the petitioner or any of the respondents, and the Tribunal
is satisfied that—
(a)
the petitioner or other contesting
candidate obtained more votes than the returned candidate; or
(b)
the voters deliberately threw away
their votes in favour of the returned candidate fully knowing that the returned
candidate was not, on the nomination day, qualified for, or was disqualified
from, being elected as a Member.
Explanation.—The Election Tribunal shall
presume, unless the contrary is proved, that the voters have not deliberately
thrown away their votes and were not aware of lack of qualification or
disqualification of the returned candidate.
158.
Ground for declaring election as a whole void.—The Election
Tribunal shall declare the election as a whole to be void if it is satisfied
that the result of the election has been materially affected by reason of—
(a)
the failure to comply with the
provisions of this Act or the Rules in connivance with the returned candidate; or
(b)
the prevalence of extensive
corrupt or illegal practices at the election.
159.
Decision in case of equality of votes.—(1) In case of election to
an Assembly, where, after the conclusion of the trial there is an equality of
votes between two contesting candidates, the Election Tribunal shall declare
both the candidates as returned candidates and each one of them shall be
entitled to represent his constituency in the Assembly for half of its term of office.
(2)
The Election Tribunal shall draw a
lot in respect of returned candidates referred to in sub-section (1) to
determine as to who shall serve as Member of the Assembly for the first half of
its term of office and shall take into account the period any returned
candidate has already served as Member of the Assembly after the election.
(3)
Before proceeding to draw a lot
under sub-section (2), the Election Tribunal shall give notice to the
contesting candidates between whom there is equality of votes and shall proceed
to draw a lot on the date, time and
place stated in the notice:
1518 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
Provided that if
the contesting candidates are present when it appears that there is an equality
of votes between them, the Election Tribunal may proceed forthwith to draw a
lot without giving notice.
(4)
The Election Tribunal shall keep a
record of the proceedings of draw of lot under this section and obtain
signatures of such candidates and their agents who witnessed the proceedings,
and if any such person refuses to sign, such fact shall be recorded.
(5)
On receipt of the declaration
under sub-section (1), the Commission shall notify the name of the candidate in
the official Gazette on whom the lot drawn under sub-section (2) had fallen.
(6)
Where there is equality of votes
among more than two contesting candidates at the conclusion of the trial, the
Election Tribunal shall order fresh election in the constituency on a date to
be determined by the Commission but not later than sixty days from the date of
order of the Tribunal.
160.
Other provisions relating to the Election Tribunal.—(1) An order of
the Election Tribunal under section 154 shall take effect on the date on which
it is made and shall be communicated to the Commission and the Commission shall
publish it in the official Gazette.
(2) The Election
Tribunal shall, after an election petition has been disposed of, forward the
record of the election petition to the Commission which shall retain it for a
period of five years from the date of its receipt or till the disposal of
appeal against the decision of the Tribunal, if any, and shall thereafter cause
it to be destroyed.
161.
Withdrawal of petition.—(1) The petitioner may, with the leave of
the Election Tribunal, withdraw the election
petition.
(2) Where leave
to withdraw is granted under sub-section (1), the Election Tribunal shall order
the petitioner to pay the costs or a portion of the costs incurred by the respondents.
162.
Abatement on death of petitioner.—(1) An election petition shall
abate on the death of a sole petitioner or of the sole survivor of several
petitioners.
(2) Where an
election petition abates under sub-section
(1), the Election Tribunal shall serve notice of the
abatement on the Commission.
163.
Death or withdrawal of respondent.—If, before the conclusion of the
trial of an election petition, a respondent dies or gives notice in the prescribed
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1519
form that he does not intend to
contest the petition, and no respondent remains to contest the petition, the
Election Tribunal shall, without any further hearing, or after giving such
person as it may think fit an opportunity of being heard, decide the case ex-parte.
164.
Failure of petitioner to appear.—Where, at any stage of the trial
of an election petition, the petitioner fails to make appearance, the Election
Tribunal may dismiss the petition for default, and make such order as to costs
as it may think fit.
165.
Additional powers of Election Tribunal.—(1) If an Election
Tribunal, on the basis of any material coming to its knowledge from any source
or information laid before it, is of the opinion that a returned candidate was
a defaulter of loan, taxes, government dues and utility expenses, or has
submitted a false or incorrect declaration regarding payment of loans, taxes,
government dues and utility expenses or has submitted a false or incorrect
statement of assets and liabilities of his own, his spouse or his dependents it
may, on its own motion or otherwise, call upon such candidate to show cause why
his election should not be declared void and, if it is satisfied that such
candidate is a defaulter or has submitted false or incorrect declaration or
statement, as aforesaid, it may, without prejudice to any order that may be, or
has been made on an election petition, or any other punishment, penalty or
liability which such candidate may have incurred under this Act or under any
other law for the time being in force, make an order—
(a)
declaring the election of the
returned candidate to be void; and
(b)
declaring any other contesting
candidate to have been duly elected if any of the conditions specified in
section 157 are proved to the satisfaction of the Election Tribunal.
(2) No order
shall be made under sub-section (1) unless the returned candidate has been
provided an opportunity of being heard.
166.
Order as to costs.—(1) The Election Tribunal may, while making an
order under section 154, also make an order determining the costs and
specifying the persons by and to whom such costs are to be paid.
(2)
If in any order as to costs under
sub-section (1), there is a direction for the payment of costs by any party to
any person, such costs shall, if they have not already been paid, be payable in
full and shall, upon application in writing in that behalf made to the Election
Tribunal within ninety days of the order by the person to whom costs have been
awarded, be paid, as far as possible, out of the security for costs deposited
by such party.
1520 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(3)
Where no costs have been awarded
against a party who has deposited security for costs, or where no application
for payment of costs has been made within ninety days or where a residue
remains after costs have been paid out of the security, the Election Tribunal
shall, on application of the person who made the deposit of security or by his
legal representative, return the security or the residue of the security to the
person making the application.
(4)
If no application for refund of
security or residue of the security is made after the expiry of ninety days of
the final decision, such security or, as the case may be, residue of the
security shall stand forfeited in favour of the Government.
(5)
If the order for payment of costs
remains unsatisfied, the person to whom costs have been awarded by the Election
Tribunal may file an application in the principal civil court of original jurisdiction
of the district in which the person from whom the costs are to be recovered
resides or owns property, or of the district in which the constituency, or any
part of the constituency, or of a Province in case of election to the Senate,
as the case may be, to which the disputed election relates is situated for
recovery of the costs and the court shall execute an order for costs as if such
order were a decree passed by that court.
CHAPTER
X
OFFENCES, PENALTIES AND PROCEDURES
167.
Corrupt practice.—A person is guilty of the offence of corrupt
practice if he—
(a)
is guilty of bribery, personation,
exercising undue influence, capturing of polling station or polling booth,
tampering with papers, and making or publishing a false statement or declaration;
(b)
calls upon or persuades any person
to vote, or to refrain from voting, for any candidate on the ground that he
belongs to a particular religion, province, community, race, caste, bradari, sect or tribe;
(c)
causes or attempts to cause any
person present and waiting to vote at the polling station to depart without
voting; or
(d)
contravenes the provisions of
section 132.
168.
Bribery.—A person is guilty of bribery, if he, directly or
indirectly, by himself or by any other person on his behalf—
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1521
(1)
receives or agrees to receive or
contracts for any gratification for voting or refraining from voting, or for
being or refraining from being a candidate at, or for withdrawing or retiring
from an election;
(2)
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;
(ii)
a voter to vote, or refrain from
voting, at an 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;
(ii)
a voter for having voted or
refrained from voting at an election; or
(iii)
a candidate for having withdrawn
or retired from an election.
Explanation.—In this section,
‗gratification‘ includes a gratification in money or estimable in money
and all forms of entertainment or employment.
169.
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.
170. Undue influence.—A person is
guilty of exercising undue influence if he—
(a)
in order to induce or compel any
person to vote or refrain from voting, or to offer himself as a candidate, or
to withdraw his candidature or retire from the contest, at an election,
directly or indirectly, by himself or by any other person on his behalf—
(i)
makes or threatens to make use of
any force, violence or restraint;
(ii)
inflicts or threatens to inflict
any injury, damage, harm or loss;
1522 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(iii)
calls down or threatens to call
down divine displeasure or the displeasure or disapprobation of any saint or pir;
(iv)
gives or threatens to give any
religious sentence;
(v)
uses or threatens to use any
official influence or governmental patronage;
(vi)
maligns the Armed Forces of
Pakistan; or
(vii)
prevents any woman from contesting
an election or exercising her right to vote.
(b)
on account of any person having
voted or refrained from voting, or having offered himself as a candidate, or
having withdrawn his candidature or having retired, does any of the acts
specified in clause (a).
(c)
directly or indirectly, by himself
or by any other person on his behalf—
(i)
uses any place of religious
worship, or any place reserved for the performance of religious rites, for the
purpose of canvassing for the votes or not to vote at an election or for a
particular candidate; or
(ii)
for any of the purposes specified
in sub-clause (i) by words, spoken or written, or by signs or visible
representation, publishes anything or does any act prejudicial to the glory of
Islam or the integrity, security or defence of Pakistan or any part of
Pakistan; or
(d)
by abduction, duress or any
fraudulent device or contrivance—
(i)
impedes or prevents the free
exercise of the franchise by a voter; or
(ii)
compels, induces or prevails upon
any voter to vote or refrain from voting.
Explanation.—In this section,
―harm” includes social ostracism or excommunication or expulsion from any
caste or community.
171. Capturing a polling station or
polling booth.—A person is guilty of capturing a polling station or polling
booth if he—
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1523
(a)
seizes a polling station or a
polling booth or a place fixed for the poll or makes polling authorities
surrender the ballot papers or ballot box or both and does any other act which
affects the orderly conduct of elections;
(b)
takes possession of a polling
station or a polling booth or a place fixed for the poll and allows his
supporters to exercise their right to vote while preventing others from free
exercise of their right to vote;
(c)
coerces, intimidates or threatens,
directly or indirectly, any voter and prevents him from going to the polling
station or a place fixed for the poll to cast his vote; or
(d)
being in the service of any
Government or corporation or institution controlled by the Government, commits
all or any of the aforesaid activities or aids or connives in, any such
activity in furtherance of the prospects of the election of a candidate.
172. Tampering with papers.—(1)
Except as provided in sub-section (2), a person is guilty of tampering with
papers, if he—
(a)
intentionally defaces or destroys
any nomination paper, ballot paper or official mark on a ballot paper; or
(b)
intentionally 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 by law to put in; or
(c)
without due authority—
(i)
supplies any ballot paper to any person;
(ii)
destroys, takes, opens or
otherwise interferes with any ballot box or packet of ballot papers in use for
the purpose of election; or
(iii)
breaks any seal affixed in
accordance with the provisions of this Act; or
(d)
forges any ballot paper or
official mark; or
(e)
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.
1524 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(2) An election
official on duty in connection with the election who is guilty of the offence
under sub-section (1) shall be punishable with imprisonment for a term which may
extend to six months or with fine which may extend to one hundred thousand
rupees or with both.
173.
Making or publishing a false statement or declaration.—A person is
guilty of making or publishing a false statement or declaration if he makes or
publishes a false statement or submits false or incorrect declaration in any
material particular—
(a)
concerning the personal character
of a candidate or any of his relations 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 grounds
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; or
(d)
in respect of statement of assets
and liabilities or any liability with regard to payment of loans, taxes,
government dues and utility expenses.
174.
Penalty for corrupt practice.—Any person guilty of the offence of
corrupt practice shall be punished with imprisonment for a term which may
extend to three years or with fine which may extend to one hundred thousand
rupees or with both.
175.
Illegal practice.—A person is guilty of the offence of illegal
practice if he—
(a)
is guilty of disorderly conduct
near a polling station, canvassing in or near a polling station, interferes
with the secrecy of voting, or adversely affects the interests of a candidate;
(b)
obtains or procures, or attempts
to obtain or procure, the assistance of any person in the service of Pakistan to
further or hinder the election of a candidate;
(c)
votes or applies for a ballot
paper for voting at an election knowing that he is not qualified for, or is
disqualified from, voting;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1525
(d)
votes or applies for a ballot
paper for voting more than once in the same polling station;
(e)
votes or applies for a ballot
paper for voting in more than one polling station for the same election;
(f)
removes a ballot paper from a
polling station during the poll;
(g)
violates restrictions on publicity
laid down in section 180 or restrictions on announcement of development schemes
under section 181;
(h)
violates prohibition on public
meetings during a certain period as provided in section 182;
(i)
fails to comply with section 134
relating to election expenses;
(j)
carries or displays any kind of
weapon or fire arm in a public meeting or procession during campaign period, on
the poll day and till twenty four hours after the announcement of the official
results by the Returning Officer;
(k)
resorts to aerial firing or uses
firecrackers and other explosives at public meetings or in or near a polling
station; or
(l)
resorts to violence in any form or
manner against an election official or any other person officially deputed to
work at a polling station.
Explanation.—The word ―weapon”
used in clause (j) includes a danda, lathi, knife, axe or any other thing which can be used as a weapon
to inflict injury to a person.
176. Disorderly conduct near polling
station.—A person is guilty of disorderly conduct near a polling station if
he, on the polling day—
(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;
(b)
persistently shouts in such manner
as to be audible within the polling station;
(c)
does any act which—
1526 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(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 an election official or any person on duty at a polling station; or
(d)
abets the doing of any of these acts.
177. Canvassing in or near the
polling station.—A person is guilty of canvassing in or near a polling
station if he, on the polling day—
(a)
within a radius of four hundred
meters¬ of a polling station—
(i)
canvasses for votes;
(ii)
solicits the vote of any voter;
(iii)
persuades any voter not to vote at
the election or for a particular candidate; or
(b)
exhibits, except with the
permission of the Returning Officer and at a place reserved for the candidate
or his election agent beyond the radius of one hundred meters of the polling
station, any notice, sign or flag designed to encourage the voters to vote or
discourage the voters from voting, for any contesting candidate.
178. Interference with the secrecy of
voting.—A person is guilty of interference with the secrecy of voting if he—
(a)
interferes or attempts to
interfere with a voter when he records his vote;
(b)
in any manner obtains or attempts
to obtain in a polling station information as to the candidate or candidates
for whom a voter is about to vote or mark his preferences in case of election
to the Senate or has voted or, as the case may be, marked his preferences;
(c)
communicates at any time any
information obtained in a polling station as to the candidate or candidates for
whom a voter is about to vote or mark his preferences or has voted or marked
his preferences;
(d)
takes or attempts to take a
photograph of the marked ballot paper by using cell phone camera or any other
device to interfere with the secrecy of vote;
or
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1527
(e)
in any other manner discloses the
secrecy of the vote.
179.
Adversely affecting the interests of candidate.—A person is guilty
of adversely affecting the interests of any person as a candidate if he, as a
proposer or seconder, or in a fictitious name as a proposer or seconder,
wilfully does any act which he is prohibited by law from doing, or omits to do
any act which he is required by law to do, or makes any entry in a Form which
is not correct, or subscribes to a Form a signature which is not genuine.
180.
Regulation of publicity.—(1) No political party shall run a
publicity campaign in print and electronic media at the cost of public exchequer.
(2)
The Commission shall determine the
size of posters, handbills and pamphlets, which the candidates or political
parties may use for canvassing for an election.
(3)
No person or a political party shall—
(a)
affix or distribute posters,
handbills, pamphlets, banners or portraits larger than the sizes prescribed by
the Commission;
(b)
print or publish, or cause to be
printed or published, any poster, handbill or pamphlet which does not bear on
its face the names and addresses of the printer and the publisher;
(c)
affix hoardings or panaflexes of
any size;
(d)
hoist party flag at any public
building or any other public property;
(e)
do wall chalking for the purpose
of canvassing for an election; and
(f)
use loudspeaker for canvassing
except at election meetings.
(4)
No person shall remove or deface
the posters affixed by a candidate or political party or prevent workers of a
candidate or political party from distribution of handbills and leaflets.
(5)
The regulatory authority dealing
with print or electronic media shall comply with the direction of the
Commission to submit a report in respect of the publicity campaign by a
political party or a candidate.
181.
Prohibition of announcement of development schemes.—No Government
functionary or elected representative including a local government functionary
or elected representative, shall announce any development scheme
1528 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
for a constituency after the
announcement of the Election Programme of that constituency.
182.
Prohibition of public meetings during certain period.—No person
shall convene, hold or attend any public meeting, or promote or join in any
procession, within the area of a constituency or, in the case of the Senate
election, a Province, during a period of forty-eight hours ending at midnight
following the conclusion of the poll for any election in that constituency or
Province.
183.
Penalty for illegal practice.—A person guilty of the offence of
illegal practice shall be punishable with imprisonment for a term which may
extend to two years or with fine which may extend to one hundred thousand
rupees or with both.
184.
Violation of official duty in connection with election.—A person
appointed to perform any function in connection with an election is guilty of
violation of official duty, if he wilfully or
negligently—
(a)
tampers with papers as mentioned
in section 172;
(b)
influences a voter as mentioned in
section 186; or
(c)
fails to discharge any duty
entrusted to him under this Act or Rules or any other law.
185.
Failure to maintain secrecy.—An election official or any candidate,
election agent or polling agent or a voter attending a polling station or any
person attending at the counting of votes is guilty of an offence punishable
with imprisonment for a term which may extend to six months, or with fine which
may extend to one thousand rupees or with both, if he—
(a)
fails to maintain secrecy or aids
in violating the secrecy of voting;
(b)
communicates, except for any
purpose authorized by any law to any person before the poll is closed, any
information as to the official marks; or
(c)
communicates any information
obtained at the counting of votes as to the candidate or candidates for whom
any vote is given or a preference is recorded, as the case may be, by any
particular ballot paper.
186.
Officials not to influence voters.—An election official or any
other person performing a duty in connection with an election, or any member of
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1529
a law enforcement agency, is
guilty of breach of official duty, if he, in the conduct or management of an
election or maintenance of order at a 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; or
(d)
does any other act calculated to
influence the result of the election.
187.
Assistance by Government servant.—A person in the service of
Pakistan is guilty of violation of official duty in connection with an
election, if he mis-uses his official position in a manner calculated to
influence the results of the election.
188.
Penalty for violation of official duty in connection with election.—An
election official or any other person on duty in connection with an election
who is guilty of an offence under section 184, section 186 or section 187 shall
be punishable with imprisonment for a term which may extend to two years or
with fine which may extend to one hundred thousand rupees or with both.
189.
Enrollment as voter for more than once.—If a person is enrolled on
the electoral roll for any electoral area more than once or on the electoral
rolls for more than one electoral area, the person or any Registration Officer,
who knowingly enrolls a voter for more than once, shall be punishable with
imprisonment for a term which may extend to six months or with fine not
exceeding one hundred thousand rupees or with
both.
190.
Cognizance and trial.—(1) Notwithstanding anything contained in any
other law but subject to section 193, an offence under this Chapter shall be
tried by the Sessions Judge and any aggrieved person may, within thirty days of
the passing of the final order, file an appeal against the order in the High
Court which shall be heard by a Division Bench of the High Court.
(2)
The proceedings against a person
for being involved in corrupt or illegal practice may be initiated on a
complaint made by a person or by the Commission but if a complaint made by the
person proves to be false, based on bad faith or is made for any ulterior
motive to provide benefit to another person, the complainant shall be
punishable with imprisonment for a term which may extend to six months or with
fine which may extend to fifty thousand rupees or with both.
1530 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(3)
The Commission may direct that the
summary trial of an offence under this Act may be conducted in accordance with
the provisions of Chapter XX of the Code.
Explanation.—In this section,
―Sessions Judge” includes an Additional
Sessions Judge.
191.
Prosecution of offences by public officers.—(1) No court shall take
cognizance of the offence punishable under section 188, 189 or 195, except upon
a complaint in writing, made by order of or under the authority of the
Commission.
(2)
The Commission shall, if it has
reason to believe that any offence specified in sub-section (1) has been
committed, cause an enquiry to be made or prosecution to be instituted against
the accused person, as it may think fit.
(3)
An offence specified in
sub-section (1) shall be exclusively triable by the Court of Sessions within
the jurisdiction of which the offence is committed.
(4)
In respect of an offence specified
in sub-section (1), provisions of section 494 of the Code, shall have effect as if, after the word and comma ―may,” therein, the
words
―if so directed by the Commission
and” were inserted.
192.
Certain offences triable by Registration Officer.—Notwithstanding anything contained in the
Code, the Registration Officer, if authorized by the Commission, may—
(a)
exercise the powers of a
Magistrate of the first class under the said Code in respect of the offences
punishable under sections 172, 173, 174, 175, 177, 178, 179, 180, 182, 186,
187, 188, 189, 191, 196, 197, 198, 199, 200,464 or 471 of the Pakistan Penal
Code, 1860 (Act XLV of 1860); and
(b)
take cognizance of any such offence
and shall try it summarily under Chapter XX of the Code.
193.
Certain offences triable by authorized officers.—Notwithstanding
anything contained in the Code, an officer exercising the powers of a
civil or criminal court, or an officer of the Armed Forces, or an officer
performing a duty in connection with an election, who is authorized by the
Commission in this behalf may—
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1531
(a)
exercise the powers of a
Magistrate of the first class under the Code in respect of the offences of
personation, or capturing of polling station or polling booth punishable under
section 174; and
(b)
take cognizance of any such
offence under section 190 of the Code; and shall try it summarily under Chapter
XX of the Code.
194.
Powers of a Police Officer.—A Police Officer may—
(a)
arrest without warrant,
notwithstanding anything contained in the Code, any person who—
(i)
commits personation or an offence
under section 183 if the Presiding Officer directs him to arrest such person; or
(ii)
while being removed from the
polling station by the Presiding Officer, commits any offence at the polling station;
(b)
remove any notice, sign, banner or
flag used in contravention of section 177; and
(c)
seize any instrument or apparatus used in contravention of section
176 and take such steps,
including use of force, as may be reasonably necessary for preventing such
contravention.
195.
Information not to be divulged.—Any person who—
(a)
being an employee of the
Commission publishes or communicates to any person, any information or data
acquired by him in the course of such employment without being authorized by
the Commission;
(b)
breaches, in any manner, the
security or integrity of the information or data contained in the electoral
rolls database;
(c)
having possession of any
information or data which to his knowledge has been obtained or disclosed in
contravention of this Act or in breach of the security, secrecy or integrity
thereof, publishes or communicates that information or data to any other
person; or
(d)
misuses or abuses, in any manner,
the information or data contained in the electoral rolls database;
shall be punishable with
imprisonment for a term which may extend to one year or with fine which may
extend to one hundred thousand rupees or with both.
1532 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
196.
Offences punishable under Pakistan Penal Code.—(1) If any
person—
(a)
attacks the polling station or
polling booth;
(b)
causes or attempts to cause any
injury to a person or loss of public property at the polling station;
(c)
exhibits or uses weapons or makes
aerial firing in or around the polling station;
(d)
disturbs the polling proceedings
or causes to harass the voters to leave the polling station without voting;
(e)
snatches or attempts to snatch the
ballot boxes or ballot papers;
(f)
kidnaps or attempts to kidnap the
Presiding Officer or polling staff; or
(g)
does any other act at the polling station;
punishable under the Pakistan
Penal Code, 1860 (Act XLV of 1860), the Presiding Officer shall report in
writing the occurrence to the Returning Officer who shall refer the matter to
the Head of District Police for registration of a case against the alleged
offender.
(2) The Head of
District Police shall send a copy of the
First Information Report to the
Court of competent jurisdiction and shall submit to the Provincial Election
Commissioner periodical report about the progress in investigation of the case.
197.
Court to report convictions to the Commission.—(1) A Court
convicting any person for an offence punishable under this Chapter, other than
corrupt practice, shall send a report to the Commission of such conviction
together with its recommendations, if any, considering the special
circumstances of any case, for the mitigation or remission of any
disqualification incurred by such person under this Act.
(2) The Commission shall publish the report
received under sub-section
(1) on its website.
198.
Punishment not in derogation of any other liability.—Any punishment
imposed on any person for an offence punishable under this Chapter shall be in
addition to, and not in derogation of, any liability incurred by such person
under any other provision of this Act.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1533
199.
Provisions of the Code to apply.—In the matters relating to
reporting, investigation, summons, warrants, enquiry, trial of an offence or
other ancillary matters where any provision or any sufficient provision does
not exist in this Act or the Rules, the provisions of the Code shall apply in
the matter.
CHAPTER
XI
POLITICAL PARTIES
200.
Formation of political parties.—(1) Subject to this Act, it shall
be lawful for any body of individuals or association of citizens to form,
organize, continue or set-up a political party.
(2)
A political party shall have a
distinct identity of its structures at the national, provincial and local
levels, wherever applicable.
(3)
Every political party shall have a
distinct name.
(4)
Notwithstanding anything contained
in sub-section (1), a political party shall not—
(a)
propagate any opinion, or act in a
manner prejudicial to the fundamental principles enshrined in the Constitution;
(b)
undermine the sovereignty or
integrity of Pakistan,
public order or public morality or indulge in
terrorism;
(c)
promote sectarian, regional or
provincial hatred or, animosity;
(d)
bear a name as a militant group or
section or assign appointment titles to its leaders or office-bearers which
connote leadership of armed groups;
(e)
impart any military or
para-military training to its members or other persons; or
(f)
be formed, organized, set-up or
convened as a foreign-aided political party.
201.
Constitution of political parties.—(1) A political party shall
formulate its constitution, by whatever name called, which shall include—
(a)
the aims and objectives of the
political party;
1534 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(b)
organizational structure of the
political party at the Federal, Provincial and local levels, whichever is applicable;
(c)
membership fee to be paid by the
members, where applicable;
(d)
designation and tenure of the
office-bearers of the political party;
(e)
criteria for receipt and
collection of funds for the political party; and
(f)
procedure for—
(i)
election of office-bearers;
(ii)
powers and functions of
office-bearers including financial decision-making;
(iii)
selection or nomination of party
candidates for election to public offices and legislative bodies;
(iv)
resolution of disputes between
members and political party, including issues relating to suspension and
expulsion of members; and
(v)
method and manner of amendments in
the constitution of the political party.
(2)
Every political party shall
provide a printed copy of its constitution to the Commission.
(3)
Any change in the constitution of
a political party shall be communicated to the Commission within fifteen days
of incorporation of the change and the Commission shall maintain updated record
of the constitutions of all the political parties.
202.
Enlistment of political parties.—(1) A political party formed after
the commencement of this Act shall, within thirty days of its formation, apply
to the Commission for enlistment of the political party.
(2)
The application for enlistment
shall be accompanied by a copy of the constitution of the political party, the
certificate and the information required to be submitted under section 201 and
section 209, a copy of consolidated statement of its accounts under section
210, a list of at least two thousand members
with their signatures or thumb impressions along with copies
of their
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1535
National Identity Cards, and
proof of deposit of two hundred thousand rupees in favour of the Commission in
the Government Treasury as enlistment fee.
(3)
The Commission shall enlist a
political party applying for enlistment under sub-section (1) if the Commission
is satisfied that the political party fulfills the requirements specified in
sub-section (2).
(4)
A political party enlisted by the
Commission before the commencement of this Act shall be deemed to have been
enlisted under this Act provided it has filed with the Commission the documents
mentioned in sub-section (2) and if not, it shall submit the documents within
sixty days from the commencement of the Act.
(5)
If an enlisted political party
fails to file the documents under sub-section (2) within the time stipulated
under sub-section (4), the Commission shall cancel the enlistment of the
political party after affording an opportunity of being heard to that political party.
(6)
A political party which has been
refused enlistment or whose enlistment has been cancelled under this section
may, within thirty days of the refusal or cancellation of enlistment, file an
appeal before the Supreme Court.
(7)
Where the Government declares that
a political party has been formed or is operating in a manner prejudicial to
the sovereignty, or integrity of Pakistan, it shall within fifteen
days of such declaration refer the matter to the Supreme Court.
203.
Membership of political parties.—(1) Every citizen, not being in
the service of Pakistan, shall have the right to form or be a member of a
political party or be otherwise associated with a political party or take part
in political activities or be elected as an office-bearer of a political party.
(2)
Where a person joins a political
party, his name shall be entered in the record of the political party as a
member and shall be issued a membership card, or any other document showing his
membership of the political party.
(3)
A person shall not be a member of
more than one political party at a
time.
(4)
A political party shall encourage
women to become its members.
(5)
A member of a political party
shall have the right of access to the records of the political party, other
than the record of another member.
1536 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
204.
Membership fee, contributions and donations.—(1) A member of a
political party shall be required to pay a membership fee, if provided in the
political party‘s constitution and may, in addition, make contributions or
donations towards the political party‘s funds.
(2)
The fee, contribution or donation
made by a member or a supporter of a political party shall be duly recorded by
that political party.
(3)
Any contribution or donation made,
directly or indirectly, by any foreign source including any foreign government,
multi-national or public or private company, firm, trade or professional
association or individual shall be prohibited.
(4)
Any contribution or donation which
is prohibited under this Act shall be
confiscated in favour of the Government in such manner as may be prescribed.
Explanation.—For the purpose of this section—
(a)
―contribution or
donation” includes
a contribution or donation made
in cash, kind, stocks, transport, fuel and provision of other such
facilities; and
(b)
―foreign source”
shall not include
an Overseas Pakistani
holding a National Identity Card for Overseas
Pakistanis issued by the National Database and Registration Authority.
205.
Suspension or expulsion of a member.—(1) A member of a political
party may be suspended or expelled from the political party‘s membership in
accordance with the procedure provided in the constitution of the political
party.
(2) Before
making an order for suspension or expulsion of a member from the political
party, such member shall be provided with a reasonable opportunity of being
heard and of showing cause against the action proposed.
206.
Selection for elective offices.—A political party shall make the
selection of candidates for elective offices, including membership of the Majlis-e-Shoora (Parliament) and
Provincial Assemblies, through a transparent and democratic procedure and while
making the selection of candidates on general seats shall ensure at least five
per cent representation of women candidates.
207.
Functioning of a political party.—(1) A political party shall have
an elected general council at the Federal, Provincial and local levels,
wherever applicable, and by whatever name it may be referred.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1537
(2) A political
party shall, at least once in a year, convene a general meeting at the Federal,
Provincial and local level of a political party, wherever applicable, and shall
invite the members of the political party or their delegates to participate in
the general meeting.
208.
Elections within a political party.—(1) The office-bearers of a
political party at the Federal, Provincial and local levels, wherever
applicable, shall be elected periodically in accordance with the constitution
of the political party:
Provided that a
period, not exceeding five years, shall intervene between any two elections.
(2)
A member of a political party
shall, subject to the provisions of the constitution of the political party, be
provided with an equal opportunity of contesting election for any political
party office.
(3)
All members of the political party
at the Federal, Provincial and local levels shall constitute the
electoral-college for election of the party general council at the respective levels.
(4)
The political party shall publish
the updated list of its central office- bearers and Executive Committee
members, by whatever name called, on its website and send the list, and any
subsequent change in it, to the Commission.
209.
Certification by the political party.—(1) A political party shall,
within seven days from completion of the intra-party elections, submit a
certificate signed by an office-bearer authorized by the Party Head, to the
Commission to the effect that the elections were held in accordance with the constitution
of the political party and this Act to elect the office-bearers at the Federal,
Provincial and local levels, wherever applicable.
(2)
The certificate under sub-section
(1) shall contain the following information—
(a)
the date of the last intra-party elections;
(b)
the names, designations and
addresses of office-bearers elected at the Federal, Provincial and local
levels, wherever applicable;
(c)
the election results; and
(d)
copy of the political party‘s
notifications declaring the results of the election.
1538 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(3)
The Commission shall, within seven
days from the receipt of the certificate of a political party under sub-section
(1), publish the certificate on its website.
210.
Information about the sources of funds.—(1) A political party
shall, in such manner as may be prescribed, submit to the Commission within
sixty days from the close of a financial year, a consolidated statement of its
accounts audited by a Chartered Accountant on Form D containing—
(a)
annual income and expenses;
(b)
sources of its funds; and
(c)
assets and liabilities.
(2) The
statement under sub-section (1) shall be accompanied by the report of a
Chartered Accountant with regard to the audit of accounts of the political
party and a certificate signed by an office-bearer authorized by the Party Head
stating that—
(a)
no funds from any source
prohibited under this Act were received by the political party; and
(b)
the statement contains an accurate
financial position of the political party.
211.
Campaign finance.—(1) A political party shall furnish to the
Commission the list of contributors who have donated or contributed an amount
equal to or more than one hundred thousand rupees to the political party for
its election campaign expenses.
(2) A political
party shall furnish to the Commission details of the election expenses incurred
by it during a general election.
212.
Dissolution of a political
party.—(1) Where the
Federal Government is satisfied on the basis of a
reference from the Commission or information received from any other source
that a political party is a foreign-aided political party or has been formed or
is operating in a manner prejudicial to the sovereignty or integrity of
Pakistan or is indulging in terrorism, the Government shall, by a notification
in the official Gazette, make such declaration.
(2)
Within fifteen days of making a
declaration under sub-section (1), the Government shall refer the matter to the
Supreme Court.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1539
(3)
Where the Supreme Court upholds
the declaration made against the political party under sub-section (1), such
political party shall stand dissolved forthwith.
Explanation.—In this section,
‗foreign-aided political party‘ means a political party which—
(a)
has been formed or organized at
the instance of any foreign government or political party of a foreign country; or
(b)
is affiliated to or associated
with any foreign government or political party of a foreign country; or
(c)
receives any aid, financial or
otherwise, from any foreign government or political party of a foreign country,
or any portion of its funds from foreign nationals.
213.
Effects of dissolution of political party.—(1) Where a political
party is dissolved under section 212, any member of such political party, if he
is a member of the Majlis-e-Shoora (Parliament), a Provincial Assembly or a local
government, shall be disqualified for the remaining term to be a member of the Majlis-e-Shoora (Parliament), Provincial
Assembly or local government.
(2) The
Commission shall, by notification in the official Gazette,
publish the names of the members of a political party becoming
disqualified from being members of Majlis-e-Shoora
(Parliament), Provincial Assembly or local government on the dissolution of
the political party under section 212.
CHAPTER
XII
ALLOCATION OF SYMBOLS
214.
List of election symbols.—The Commission shall prescribe a list of
election symbols for allocation to political parties and candidates and the
symbols in the list shall be visibly and perceptually different from each other.
215.
Eligibility of party
to obtain election symbol.—(1) Notwithstanding anything contained in any other law, a
political party enlisted under this Act shall be eligible to obtain an election
symbol for contesting elections for Majlis-e-
Shoora (Parliament), Provincial Assemblies or local government on
submission of certificates and statements referred to in sections 202, 206, 209
and 210.
(2)
A combination of enlisted
political parties shall be entitled to obtain one election symbol for an
election only if each party constituting such
1540 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
combination submits the
certificates and statements
referred to in
sections 202, 206, 209 and 210.
(3)
An election symbol already
allocated to a political party shall not be allocated to any other political
party or combination of political parties.
(4)
Where a political party or
combination of political parties, severally or collectively, fails to comply
with the provision of section 209 or section 210, the Commission shall issue to
such political party or parties a notice to show cause as to why it or they may
not be declared ineligible to obtain an election symbol.
(5)
If a political party or parties to
whom show cause notice has been issued under sub-section (4) fails to comply
with the provision of section 209 or section 210, the Commission may after
affording it or them an opportunity of being heard, declare it or them
ineligible to obtain an election symbol for election to Majlis-e-Shoora (Parliament), Provincial Assembly or a local
government, and the Commission shall not allocate an election symbol to such
political party or combination of political parties in subsequent elections.
216.
Application for allocation of symbol.—Subject to fulfilment of the
provisions of this Chapter and the Rules, a political party shall make an
application to the Commission for allocation of a symbol of its choice for each
general election within the period specified by the Commission in its press
release, and the application shall contain—
(a)
the list of symbols applied for in
order of preference;
(b)
symbol or symbols if any allocated
to the political party during the previous general elections;
(c)
every such application shall be
signed by the Party Head, by whatever name designated;
(d)
address of the head office of the
political party; and
(e)
such other particulars or
information from the political party as may be
prescribed.
217.
Allocation of symbols.—(1) The Commission shall allocate a symbol
to a political party if the political party complies with the provisions of
this Act.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1541
(2)
A candidate nominated by a
political party for an election in any constituency shall be allotted the
symbol allocated to that political party by the Returning Officer.
(3)
A symbol allocated to a political
party by the Commission shall not be allotted to any candidate in a
constituency other than the candidate nominated by that political party.
(4)
Subject to the direction of the
Commission, in a bye-election, the Returning Officer shall allot to a candidate
nominated by a political party the symbol allocated to that political party in
the previous general election.
(5)
In every constituency where an
election is contested, the Returning Officer shall allot visibly different and
distinct symbols to each contesting candidate.
Explanation.—In this section, the
expression ‗political party‘ includes a combination of political parties
who have agreed to put up joint candidates.
218.
Symbol disputed by a political party.—(1) If a political party
fulfils the requirement of sections 208, 209 and 210 and a symbol is allocated
to it by the Commission, the Returning Officer shall allocate such symbol to
the candidate nominated by that political party.
(2)
A political party shall have the
right to claim the allocation of the same symbol as allocated to it in any
previous election.
(3)
A political party shall also be
given preference for allocation of a particular symbol if such symbol was
allocated to it in a previous election before entering into an alliance with
other political parties.
(4)
In case the same symbol was
allocated to a combination of political parties at the last election and two or
more component political parties apply for the same symbol for the next
election, the allocation of that symbol to any one political party shall be
decided by drawing of lots.
CHAPTER
XIII
CONDUCT OF ELECTIONS TO THE LOCAL GOVERNMENTS
219.
Commission to conduct elections.—(1) The Commission shall conduct
elections to the local governments under the applicable local government law,
and the Rules framed thereunder, as may be applicable to a Province,
cantonments, Islamabad Capital Territory or Federally Administered Tribal
Areas.
1542 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(2)
Notwithstanding anything contained
in sub-section (1), the voting procedure for direct elections to the local
governments in a Province, cantonments, Islamabad Capital
Territory or Federally
Administered Tribal Areas shall be the
same as provided for election to the Assemblies under this Act.
(3)
Subject to sub-section (4), the
Commission shall, in consultation with the Federal or Provincial Government,
make an announcement of the date or dates on which the elections to a local
government shall be conducted in a Province, cantonment, Islamabad Capital
Territory, Federally
Administered Tribal Areas or a part thereof.
(4)
The Commission shall hold
elections to the local governments within one hundred and twenty days of the
expiry of the term of the local governments of a Province, cantonment,
Islamabad Capital Territory or Federally Administered Tribal Areas.
(5)
The Commission shall organize and
conduct elections under this Chapter and shall make such arrangements as are
necessary to ensure that the elections are conducted honestly, justly, fairly
and in accordance with law and that the corrupt practices are guarded against.
(6)
The Commission may, by order in
the official Gazette, make provisions for the conduct of local government
elections if no provision or insufficient provision has been made under this
Act or the Rules.
220.
Electoral rolls.—(1) The electoral rolls prepared, updated and
maintained under this Act shall be used for conduct of an election to a local
government.
(2)
The Commission shall provide the
Returning Officer for a local government with copies of electoral rolls for all
the electoral areas within the constituency of such local government.
(3)
The Returning Officer shall
provide the electoral rolls, containing the names of the voters entitled to
vote at a polling station, to the Presiding Officer of each such polling station.
221.
Delimitation of local government constituencies.—(1) For the
purpose of holding elections to the local governments, the Commission shall
delimit constituencies of the local governments, including union councils,
wards in a union council, a ward in a district council or ward in a municipal
committee, as far as possible and subject to necessary modifications, in
accordance with Chapter III of this Act and the Rules.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1543
Explanation.—A union council includes a
union committee, a village council or, as the case may be, a neighborhood
council.
(2)
For the purpose of delimitation of
a union council—
(a)
the area of a union council shall
be a territorial unity;
(b)
the boundaries of a union council
shall not cross the limits of the local council of which the union council,
being delimited, forms part; and
(c)
the population of union councils
within a local government shall, as far as possible, be uniform.
(3)
The Commission shall delimit a
local government, if required, into as many wards as may be notified for the
election of members on general seats by the concerned government.
(4)
For the purpose of delimitation of
a ward of a union council—
(a)
a ward shall consist of a village,
one or more adjoining villages or, in case of an urban area, a census block or
adjoining census blocks;
(b)
the boundaries of a ward shall not
cross the limits of the union council; and
(c)
the population of wards within a
union council shall, as far as possible, be
uniform.
(5)
The Commission shall delimit a
municipal committee into such number of wards as notified by the concerned
government for election of Members of the municipal committee on general seats.
(6)
For the purpose of delimitation of
a municipal committee—
(a)
a ward shall consist of a census
block or adjoining census blocks;
(b)
the boundaries of a ward shall not
cross the limits of the municipal committee; and
(c)
the population of wards within a
municipal committee shall, as far as possible, be uniform.
1544 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(7)
The Commission shall delimit a
tehsil council, where required, into as many wards as may be notified by the
concerned government for the election on general seats to the tehsil council
and district council.
(8)
For the purpose of delimitation of
a ward in a tehsil council—
(a)
the area of a ward shall be a
territorial unity;
(b)
the boundaries of a ward shall not
cross the limits of the tehsil council of which the ward, being delimited,
forms part; and
(c)
the population of the ward within
the tehsil council shall, as far as possible, be uniform.
(9)
The Commission shall delimit a
local government, if required, into as many constituencies as may be provided
under the applicable local government law for the election of Members on
general seats of the local government.
222.
Appointment of Delimitation Committee.—(1) The Commission shall
appoint a Delimitation Committee for each district for delimitation of
constituencies of the local governments in the district, including union
councils, wards within a union council, or wards in municipal committees.
(2) Revenue or
other executive officers posted in the district shall provide necessary
assistance to the Delimitation Committee in carrying out delimitation of
constituencies of the local governments in the
district.
223.
Appointment of Delimitation Authority.—(1) The Commission shall
appoint from amongst its own officers or from the officers of the subordinate
judiciary a Delimitation Authority for each district to hear and decide the
objections against the delimitation carried out by the Delimitation Committee.
(2)
An officer of the subordinate
judiciary shall be appointed as Delimitation Authority in consultation with the
Chief Justice of the High Court concerned.
(3)
A voter may, within fifteen days
of the delimitation of constituencies by the Delimitation Committee, file
objections against the delimitation before the Delimitation Authority which
shall decide the objections within thirty days from the date of delimitation of
constituencies by the Delimitation Committee.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1545
224.
Election officials and polling stations.—The provisions of Chapter
V of this Act relating to appointment of election officials and for the
preparation of list of polling stations for an election to Assemblies shall, as
nearly as possible subject to necessary modifications, apply to the appointment
of election officials and for the preparation of the list of the polling
stations for an election to a local government.
225.
Appeal against scrutiny order.—(1) A candidate or the objector may,
within the time specified by the Commission, file an appeal against the
decision of the Returning Officer rejecting or accepting a nomination paper to
an Appellate Tribunal constituted for the constituency consisting of a person
who is a District and Sessions Judge or an Additional District and Sessions
Judge appointed by the Commission in consultation with the Chief Justice of the
High Court.
(2)
An Appellate Tribunal shall
summarily decide an appeal filed under sub-section (1) within such time as may
be notified by the Commission and any order passed on the appeal shall be final.
(3)
If the Appellate Tribunal is not
able to decide the appeal within the time fixed by the Commission under
sub-section (2), the appeal shall abate and decision of the Returning Officer
shall be final.
226.
Election against reserved seats.—(1) Subject to the Rules, the
Commission shall organize and conduct the election to the seats reserved for
women, peasants or workers, technocrats, youth and non-Muslims in a local
government under the applicable local government law.
(2)
A contesting candidate or
candidates obtaining the highest number of votes in a category shall be
declared as elected against the seat or seats specified for that category.
(3)
The Commission shall provide to
the Returning Officer a list of elected Members eligible to vote and
constituting an electoral college for the election of the indirectly elected
Members of a local government under the applicable local government law.
227.
Notification of election and a vacancy.—(1) The Commission shall
notify every election or a vacancy occurred due to death, resignation,
disqualification, and removal of a Member of a local government and publish the
same in the official Gazette.
(2) Any
Government, under whom a vacancy of a Member of a local government occurs due
to any cause, shall immediately inform the Commission about occurrence of the
vacancy.
1546 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
Explanation.—For purposes of this
section, the elected Member also includes Chairman, Vice-Chairman, Mayor,
Deputy Mayor or, as the case may be, Nazim or Naib Nazim of a local government.
228.
Bye-elections.—When the seat of a Member of a local government
becomes vacant and bye-election is required to fill the seat under the
applicable local government law, the Commission shall, by notification in the
official Gazette, call upon the constituency or electoral college to elect a
person to fill the seat on such date as may be specified in the notification
and the provisions of this Act, the Rules and applicable local government law shall
apply to the election to fill such seat.
229.
Application of provisions to local government election.—(1) Subject
to this Chapter and the Rules relating to conduct of local government
elections, election disputes, election offences and allocation of symbols, the
provisions of Chapter V, Chapter IX, Chapter X and Chapter XII of this Act, as nearly as possible, shall apply to the
conduct of local government election.
(2) The
qualifications and disqualification of a candidate in a local government
election or a Member of a local government shall be decided under the
applicable local government law.
CHAPTER
XIV
CARETAKER GOVERNMENT
230.
Functions of caretaker
Government.—(1) A caretaker
Government
shall—
(a)
perform its functions to attend to
day-to-day matters which are necessary to run the affairs of the Government;
(b)
assist the Commission to hold
elections in accordance with law;
(c)
restrict itself to activities that
are of routine, non-controversial and urgent, in the public interest and
reversible by the future Government elected after the elections; and
(d)
be impartial to every person and
political party.
(2)
The caretaker Government shall not—
(a)
take major policy decisions except
on urgent matters;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1547
(b)
take any decision or make a policy
that may have effect or pre-empt the exercise of authority by the future
elected Government;
(c)
enter into major contract or
undertaking if it is detrimental to public interest;
(d)
enter into major international
negotiation with any foreign country or international agency or sign or ratify
any international binding instrument except in an exceptional case;
(e)
make promotions or major
appointments of public officials but may make acting or short term appointments
in public interest;
(f)
transfer public officials unless
it is considered expedient and after approval of the Commission; and
(g)
attempt to influence the elections
or do or cause to be done anything which may, in any manner, influence or
adversely affect the free and fair elections.
(3)
The Prime Minister, Chief Minister
or a Minister or any other members of a Caretaker Governments shall, within
three days from the date of assumption of office, submit to the Commission a
statement of assets and liabilities including assets and liabilities of his
spouse and dependent children as on the preceding 30th day of June on Form B
and the Commission shall publish the statement of assets and liabilities in the
official Gazette.
(4)
In this section, ‗caretaker
Government‘ means the caretaker Federal
Government or a caretaker Provincial Government.
CHAPTER
XV
MISCELLANEOUS
231. Qualifications and
disqualifications.—The qualifications and disqualifications for a person to
be elected or chosen or to remain a Member of the Majlis-e-Shoora (Parliament)
or a Provincial Assembly shall be such as are provided in Articles 62 and 63.
232. Disqualification on account of
offences.—Where a person has been
convicted for any offence under this Act or has been found guilty of any
corrupt or illegal practice by a Tribunal, he shall, if the Commission is of
the view that circumstances so warrant and 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, the Senate
or a local government.
1548 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
233.
Code of Conduct.—(1) The Commission shall, in consultation with
political parties, frame a Code of Conduct for political parties, contesting
candidates, election agents and polling agents.
(2)
The Commission shall also frame a
Code of Conduct for security personnel, media and election observers.
(3)
A political party, a candidate, an
election agent, a polling agent, security personnel, media and an observer
shall follow the Code of Conduct during an election.
(4)
The Commission shall publish a
Code of Conduct framed under this
section in the official Gazette and on its website.
234. Monitoring of election
campaign.—(1) The Commission shall constitute a monitoring team consisting
of such number of persons as may be determined
by it, to monitor election
campaign of the candidates
and political parties and report, on
regular basis in the prescribed
manner, to an officer nominated
by the Commission in respect of each district for the purpose of deciding
the complaints regarding any violation by a candidate or a political party of any provision of the Act, Rules or the Code of Conduct issued by the Commission.
(2)
The Commission shall constitute a
monitoring team for a constituency or a group of constituencies and determine
the terms of reference of the monitoring team.
(3)
If the officer, nominated under
sub-section (1) receives a report of any violation of the Act or the Rules and,
after holding a summary enquiry, finds that the reported violation has been
committed and no other punishment is provided under the Act for such violation,
he may impose a fine not exceeding fifty thousand rupees.
(4)
If
the nominated officer after summary enquiry
finds a candidate or a political
party guilty of violation of the Act or the Rules
for the second time, he shall refer the matter
to the Commission for initiation of proceedings
against such candidate or political party under the law,
including proceedings for disqualification
of the said candidate and in case of the political
party, its candidate.
(5)
Any person aggrieved from an order
of nominated officer under this section may, within three days from the order,
file an appeal before the Commission and the order of the Commission on the
appeal shall be final.
(6)
In an election, the Commission may
issue any direction to the authority dealing with matters relating to print or
electronic media and such authority shall comply with the direction.
235. Absence of candidates not to
invalidate acts.—Where any act or thing
is required or authorized by this Act to be done in the presence
of the
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1549
candidate, an
election agent or a polling agent, the failure of such person to attend at the
time and place fixed for the purpose shall not invalidate any act or thing
otherwise validly done.
236. Jurisdiction of courts barred.—(1)
No court shall question the legality of any action taken in good faith by or
under the authority of the Commission, the Commissioner or an election official
or any decision given by any of them or any other officer or authority
appointed under this Act or the Rules.
(2)
No court shall question the
validity of the electoral rolls prepared or revised under this Act or the
legality or propriety of any proceedings or action taken by or under the
authority of the Commission or a Registration
Officer.
(3)
The validity of the delimitation
of any constituency or of any proceedings taken or anything done by or under
the authority of the Commission, under this Act shall not be called in question
in any court.
237. Protection of actions taken in
good faith.—No suit, prosecution or other legal proceeding shall lie
against the Commission, the Commissioner or an election official or other
person in respect of anything which is done in good faith or intended to be
done under or in pursuance of this Act or of any rule or order made or any
direction given under the law.
238. Election observers.—(1) The
Commission, at its own motion or upon an application made in this behalf, may
allow any domestic or international election observation organization to
observe the process of conduct of election, having an access to polling
station, counting of votes and consolidation of results.
(2)
No person shall be allowed to observe
the process of conduct of election, if he—
(a)
is not accredited as an observer
by the Commission or its authorized officer;
(b)
is affiliated with any political party;
(c)
fails to provide his full
particulars and documents, including photographs, which may be required by the Commission;
(d)
has been involved in activities
prejudicial to the peace and tranquillity of the people of a constituency;
(e)
fails to provide an authorization
from the organization of which he is a member; and
(f)
has not obtained security clearance
from the Government.
1550 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(3)
Every observer while observing the
process of conduct of election shall display prominently a card of his
identification issued to him by the Commission or an officer authorized by it.
(4)
Every observer or, as the case may
be, organization may submit a report to the Commission highlighting the
electoral irregularities which were noticed during observation relating to
conduct of election, with recommendations, if
any.
239. Power to make rules.—(1) The
Commission may, by notification in the official Gazette and publication on the
website of the Commission, make rules for carrying out the purposes of this Act.
(2)
The Commission shall make the Rules under sub-section (1) subject to prior
publication and after hearing and deciding objections or suggestions filed
within fifteen days of the publication.
240. Removal of difficulties.—(1)
If any difficulty arises in giving effect to any of the provisions of this Act,
the Commission may, with the approval of the President, make such provision for
the removal of the difficulty as it may deem fit and any such order shall be
published on the website of the Commission.
(2)
Every provision made under sub-section (1) shall be laid, may be after it is
made, before each House of Majlis-e-Shoora (Parliament).
241.
Repeal.—The following laws are hereby repealed—
(a)
the Electoral Rolls Act, 1974 (Act
No. XXI of 1974);
(b)
the Delimitation of Constituencies
Act, 1974 (Act No. XXXIV of 1974);
(c)
the Senate (Election) Act, 1975
(Act No. LI of 1975);
(d)
the Representation of the People
Act, 1976 (Act No. LXXXV of 1976);
(e)
the Election Commission Order,
2002 (Chief Executive‘s Order No.1 of 2002);
(f)
the Conduct of General Elections
Order, 2002 (Chief Executive‘s Order No.7 of
2002);
(g)
the Political Parties Order, 2002
(Chief Executive‘s Order No.18 of 2002); and
(h)
the Allocation of Symbols Order, 2002.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1551
Passport size Photograph of the candidate
|
|
FORM A
[See sections
60(2) &110(2)]
NOMINATION FORM FOR ELECTION TO AN ASSEMBLY/SENATE
[Note: (1) Please
fill in this page in capital letters.
(2) Strike off the words not applicable.]
No. and Name of constituency
.........................................National Assembly/ Senate/
Provincial Assembly of
.........................................................(Name of the Province)
------------------------
(To be filled in by the proposer of a candidate for
an Assembly seat)
(1)
I................................. (name of the
proposer) having National Identity Card No.
Registered as a voter at serial number...........................
in the electoral roll of electoral area
.....................................................of Tehsil/Taluka ...................................District/
Agency ................................................................................ do hereby propose
the name of
Mr./Mrs./Ms..................................................................................................
whose address
is.........................................................................................as
a candidate for election to the
seat from constituency
No...............................
(2)
I hereby certify that I have not sub scribed to any
other nomination paper in this election either as proposer or seconder.
Date......................... Signature
of Proposer……………
——————————————————————————————
(To be filled in by the seconder of a candidate for an Assembly seat)
(1) I..............................................
(name of the seconder) having National Identity Card No.
Registered as a voter at
serial number...........................in the electoral roll of electoral
area
.........................................................................................
of Tehsil/Taluka..................
District/Agency...................................................................
do hereby second the name of
Mr./Mrs./Ms...................................................................................................
whose address
is................................................................................................................... as a candidate
for election to the seat from constituency
No……………………….
(2) I hereby certify that I have not subscribed to any other
nomination paper in this election either as proposer or seconder.
Date........................ Signature
of Seconder ……………….
——————————————————————————————————
1552 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
FOR SENATE ELECTION ONLY
[Note: (1) Please fill in this page in capital letters.
(2) Strike
off the words not applicable.]
(To be filled in by the proposer of a candidate for
a Senate seat)
|
1 ......................
|
............................................
|
......
|
|
|
(Name of proposer)
|
|
a member
of *National Assembly/Provincial Assembly from
Constituency No
..........................................
do hereby propose the name
of
Mr./Mrs./Ms........................................................................
(Name of candidate)
son/ wife/ daughter of.:..........................................................................................................
resident of ........................................……………………………………………….............
(Address)
whose name is entered at
serial No…................... in the electoral roll of…………..……..
(name of electoral area, tehsil/ taluka and
district)
as a candidate for election
from.................................................Province/ Federal Capital/
FATA against the following Senate seat
…………………….………..............................
(2) I hereby certify that I
have not subscribed to any other nomination paper in this election either as
proposer or seconder.
Date........................ Signature of Proposer………………
——————————————————————————————————
(To be filled in by the
seconder of a candidate for a Senate seat)
I
…………………………………………………………………………….………………
(Name of seconder)
a member
of National Assembly/Provincial Assembly
from Constituency No. ……..................... do hereby second
the nomination of the above mentioned candidate against the following Senate
seat ………………………………………………
(2)
I hereby certify that I have not subscribed to any
other nomination paper in this election either as proposer or seconder.
Date........................ Signature of Seconder…………
——————————————————————————————————
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1553
DECLARATIONS
BY THE CANDIDATE
1.
I, (nominated
candidate), hereby declare that,—
(i)
I have consented to the nomination and that I
fulfill the qualifications specified in Article 62 of the Constitution and I am
not subject to any of the disqualifications specified in Article 63 of the
Constitution for being elected as a member of the National Assembly/ Senate/
Provincial Assembly; and
(ii) I belong
to...................................................and certificate (Name of political
party)
from that political party
showing that I am a party candidate from the above said constituency is
attached or will be provided at the time of allocation of election symbol.
OR
I do not belong to any political party. [Note: Strike off the words not applicable]
(iii)
I believe in the absolute and unqualified finality
of the Prophet-hood of Muhammad (Peace Be Upon Him), the last of the Prophets
and that I am not the follower of anyone who claims to be a prophet in any
sense of the word or of any description whatsoever after Prophet Muhammad
(Peace Be Upon Him), and that I do not recognize such a claimant to be prophet
or a religious reformer, nor do I belong to the Qadiani group or the Lahori
group or call myself an Ahmadi.
[Note: This paragraph is for Muslim candidates only and is not
applicable to non-Muslim candidates.]
(iv)
I will be faithful to the declaration made by the
Founder of Pakistan
Quaid-e-Azam Muhammad Ali Jinnah, that Pakistan would be a democratic
state based on Islamic principles of social justice. I will bear true faith and
allegiance to Pakistan and
uphold the sovereignty and integrity of Pakistan
and that I will strive to preserve the Islamic Ideology which is the basis for
the creation of Pakistan.
(v)
I have opened an exclusive Account No._ with (Name and
Branch of Scheduled Bank) for the purpose of election expenses.
2.
My
NIC No. is
3.
My Contact No. is
4.
My Email address
is…………………………………..
5.
My statement of assets and liabilities including
assets and liabilities of my spouse (s) and dependent children as on preceding
thirtieth day of June on Form B is attached.
Date...................... Signature
of the Candidate……….....
1554 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
SOLEMN AFFIRMATION
I,
………………...................................... S/o, W/o, D/o
..................................................do
hereby solemnly affirm that all the entries in this
Form filled by me are correct and complete to the best of my knowledge and
belief, and nothing has been concealed.
Signature of
the Candidate……………………...
----------------------------------------------------------------
ELECTION COMMISSION OF PAKISTAN
RECEIPT
(To be filled in by the Returning Officer)
[Note: Strike
off the words not applicable.]
Serial Number of nomination
paper.......................................
The nomination paper of
Mr./Ms/Mrs………………….……..................................a candidate for election
to the seat from……………........................ National Assembly/ Senate/
Provincial Assembly of the Punjab/
Sindh/Khyber Pakhtunkhwa/Balochistan was delivered to meet my office
at................(hours) on ............... (date)by................. (person)
This nomination paper will be taken up for scrutiny
at .......................................
…...............(hours) on.........................(date)
at.................................................(place)
Date................................... Returning Officer………………
----------------------------------------------------------------
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1555
(ADDITIONAL INFORMATION TO BE ATTACHED BY A CANDIDATE FOR SENATE
TECHNOCRAT SEAT)
[Note: (1) This
additional information is to be attached with the Nomination Form by a
candidate for Senate Technocrat seat only.
(2)
Each item is to be filled in clearly and completely.
(3)
The information should be typed or hand written legibly.
(4)
Strike off the words not applicable.] BIODATA
1. Name
……………………………..........................................................................
2. Father/
Husband‘s name………………………………………………………..……. 3. Date of birth …………………………. 4. Place
of birth ……………………..……
5. Marital status: Single / Married / Divorced / Widow (er)
6. Present address:
……………………………………………………….....................
7. Present telephone Nos. Mobile………..……… Office
………..…. Home …….…….
8. Email address: ………………………………………………………………………..
9.
Education
|
Years
attended
|
Name and
location of Institution of learning
|
Academic
degrees and
certificates or Diplomas
obtained
|
Main
Areas
of study
|
|
From
|
To
|
|
|
|
|
|
|
10.
Professional experience
A. From ………………………………… to ……………………………………..
(the date since employed)
Title of present post and nature of duties.
Employer (Name and address) and type of business.
-----------------------------------------
B. From ………………………………… to …………………………………….. (the date since employed)
Title of present post and nature of duties.
Employer (Name and address) and type of business.
------------------------------------------
1556 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
C. From ………………………………… to …………………………………….. (the date since employed)
(Please use additional sheets if required.)
Title of present post and nature of duties.
Employer (Name and address) and type of business.
------------------------------------------
11.
Please list your special qualifications and skills
------------------------------------------
12.
Please list any significant publications you have
written (Publications need not be attached).
------------------------------------------
13.
If you have previously held public office (e.g.
Minister, Advisor, Senator, Member of Parliament, Provincial Assembly or a
local government) please give details:
------------------------------------------
14.
Please list your present and past memberships, if
any, of political parties and/ or civil society organizations:
------------------------------------------
I declare
that all the above entries and statements are correct and complete to the best
of my knowledge and belief, and nothing has been concealed.
Date........................... Signature
of the Candidate............................
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1557
FORM B
[See sections
60, 110 & 137]
STATEMENT OF
ASSETS AND LIABILITIES
I,..................................................................
candidate/ Member,*National Assembly/ Senate, Provincial Assembly, Punjab/
Sindh/ Khyber Pakhtunkhwa/ Balochistan from
constituency........................./ from the seats reserved for women/
non-Muslims hereby declare that no immovable and moveable property, including
bonds, shares, certificates, securities, insurance policies and jewelry, other
than specified herein below, is held by me,
my spouse(s) and dependent children on 30th day of June, .
ASSETS
|
ASSET
|
COST OF ASSET
|
REMARKS
|
|
1
|
2
|
3
|
|
1.
IMMOVABLE PROPERTY
Open plots,
houses, apartments, commercial buildings, under construction properties,
agricultural property, etc.
(a) Held within Pakistan*
(i)
(ii)
(iii)
(b) Held outside Pakistan*
(i)
(ii)
2.
MOVABLE ASSETS
(a) Business capital within Pakistan
(i)
Name of business
(ii)
Capital amount
(b) Business capital outside Pakistan
(i)
Name of business
(ii)
Capital amount
(c)
Assets
brought or remitted from
|
|
|
|
(d)
|
outside Pakistan*
(i)
Bank drafts/ Remittances
(ii)
Machinery
(iii)
Other
Assets
brought out of remittance
|
|
from abroad*
|
1558 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
|
ASSET
|
COST OF ASSET
|
REMARKS
|
|
1
|
2
|
3
|
|
(e) Investments
|
|
|
|
(i)
Stock and Shares
(ii)
Debentures
(iii)
National Investment (Unit)
Trust
(iv)
ICP Certificates (v)National Savings Schemes
-- Defence Savings Certificate
-- Special Savings Certificate
-- Regular Income Certificate
(vi)
Unsecured loans
(vii)
Mortgages
(viii) Any other
|
|
(f) Motor Vehicles*
|
|
Make Model Reg. No.
(i)
(ii)
|
|
(g) Jewelry etc.
|
|
(i)
Weight
(ii)
Description
|
|
(h) Cash
and Bank Accounts*
|
|
(i)
Cash in hand
(ii)
Cash at Bank
Account No.
Bank & Branch Current
|
|
Deposit
|
|
Saving _
|
|
Other Deposit
|
|
(i) Furniture,
Fittings &articles of
|
|
(j)
|
personal use–
Assets transferred to any person–
(i)
Without
adequate consideration, or
(ii)
by revocable transfer
Any other assets.
|
|
(k)
|
*Details to be
annexed.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1559
LIABILITIES
|
LIABILITY
|
AMOUNT
|
REMARKS
|
|
(i)
Mortgages secured on Property or land
(ii)
Unsecured Loans owing
(iii)
Bank Overdraft
(iv)
Bank Loans
(v)
Amounts due under Hire Purchase
Agreement
(vi)
House Building Loans
(vii) Advances from Provident Funds etc.
(viii) Other
debts due*
(ix)
Liabilities in the names
of dependent children (in respect of assets standing in their names)
Total
|
|
|
*Details to be annexed.
VERIFICATION
I,...........................................................................................S/o,W/o,D/o.....................
do hereby
declare that, to the best of my knowledge and belief, the above statement of
the assets and liabilities of myself, my spouse(s), dependent children is
correct and complete as on 30th June……….. and nothing has been
concealed therefrom.
Date........................................... Signature of the
Candidate/ Member
1560 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
FORM C
[See section
134]
RETURN OF
ELECTION EXPENSES
Election to the Senate from
(Province/Areas)/
National Assembly / Provincial Assembly of the Punjab/
Sindh / Khyber Pakhtunkhwa / Balochistan
No. and Name of Constituency Name of the
candidate
Address of the candidate
PART
A.—Account of Election Expenses
|
Date on
which
expenditure was incurred or
authorized.
|
Nature of
expenditure
|
Amount of expenditure
|
|
The amount
paid (i)
|
The amount
outstanding (ii)
|
Total of
(i) and (ii)
|
|
|
|
(a)
|
(b)
|
(c)
|
PART
B.—Account of unpaid claim/Outstanding amount.
|
Nature of claim/
outstanding
amount.
|
Date of claim/outstanding
amount.
|
Amount of claim/outstanding
amount
|
|
(a)
|
(b)
|
(c)
|
PART –C: Attach bank statement of the
account opened by the candidate showing all transactions made by the candidate
from that account.
Place
Date
Signature of the candidate
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1561
FORM D
[See section
210]
CONSOLIDATED STATEMENT OF ACCOUNTS OF A POLITICAL PARTY AUDITED BY A
CHARTERED ACCOUNTANT
Name of Political Party Financial year
Statement of
accounts audited by a Chartered Accountant under section 210 of the Elections
Act, 2017 is attached, showing inter-alia:
(1)
Income/ receipts during the year with source of
funds;
(2)
Total expenses for the year with details of
expenditure; and
(3)
Total assets and liabilities at the beginning and
end of the financial year.
Name,
signature & stamp of Charted Accountant ICAP’s membership number
It is certified that:
(i)
No funds were received by the party from any source
prohibited under the Elections Act 2017.
(ii)
The statement of accounts contains an accurate
picture of the financial position of the party.
(iii)
The information given above is correct to the best
of my knowledge and belief.
(iv)
The above statement is audited by the Charted
Accountant and detailed report thereof is annexed.
Name,
Signature and seal on behalf of the party
Date:
JAWAD RAFIQUE MALIK,
Secretary.
————————————————————————————————
PRINTED BY THE MANAGER, PRINTING CORPORATION OF PAKISTAN PRESS,
ISLAMABAD. PUBLISHED BY
THE DEPUTY CONTROLLER, STATIONERY AND FORMS, UNIVERSITY ROAD. KARACHI.
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