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Jyaistha 01, 1938, at 06:26:42 PM
The National and Provincial Assemblies
(Elections to Reserved Seats) Act, 1976
1ACT No. XVIII OF 1976
[18th April, 1976]
An Act to provide for
the conduct of elections to the reserved seats in the National Assembly and
the. Provincial Assemblies.
WHEREAS it is expedient to
provide for the conduct of elections to the reserved seats in the National
Assembly and the Provincial Assemblies and to guard against corrupt and illegal
practices and other offences at or in connection with such elections and for
the determination of doubts and disputes arising out of or in connection with
elections, and other matters arising out of or connected therewith;
It is hereby enacted as
follows:---
CHAPTER I
PRELIMINARY
1. Short title, extent
and commencement.—(1)
This Act may be called the National and Provincial Assemblies (Elections to
Reserved Seats) Act, 1976.
(2) It extends to the whole
of
(3) It shall come into
force at once.
2. Definitions. In this Act, unless there is
anything repugnant in the subject or context,---
(i) ”Article” means Article of the Constitution;
(ii) ”Assembly” means the National Assembly or a
Provincial Assembly for a Province;
(iii) ”candidate” means a person seeking election as a
member;
(iv) ”Commission” means the Election Commission
constituted under Article 218;
1For Statement of Objects and Reasons,
see Gaz. of P., 1976, Ext., Pt. III, p. 325.
This Act has been repealed in its application to the election to
which the Representation of the People Act, 1976 (85 of 1976) applies, see Act
No. 85 of 1976, s. 109.
(V) ”Commissioner” means the Chief Election Commissioner
appointed under the Constitution and includes,---
(i) the person continuing in the office of Chief Election
Commissioner by virtue of Article 275; and
(ii) a judge of the Supreme Court nominated
under Article 217 to act as Chief Election Commissioner ;
(vi) ”constituency” means a constituency delimited under
the Delimitation of Constituencies Act, 1974 (XXXIV of 1974), provided that in respect of a bye-election
to a seat reserved for women, in the National Assembly or a Provincial
Assembly, to be held at any time before the expiry of the term of the first
National Assembly, it shall mean a constituency delimited under the
Delimitation of Constituencies Order, 1970;
(vii) ”election” means election to a seat of a
member held under this Act;
(viii) ”election petition” means an election
petition made under section 12;
(ix) ”elector”, in relation to an Assembly, means a person
elected to a general seat in that Assembly;
(x) ”member” means member of an Assembly;
(xi) ”prescribed” means prescribed by rules made under
this Act;
(xii) ”returned candidate” means a candidate who has been
declared elected as a member under this Act;
(xiii) ”Tribunal” means an Election Tribunal appointed under
section 17 for the trial of election petitions.
CHAPTER II
ELECTION COMMISSION
3. Procedure of the
Commission.—(1) Subject
to the provisions of this section, the Commission shall regulate its
procedure.
(2) If, upon any matter requiring a
decision of the Commission, there is difference of opinion among its members,
the opinion of the majority shall prevail and the decision of the Commission
shall be expressed in terms of the opinion of the majority.
(3) The Commission may
exercise its powers and perform its functions notwithstanding that there is a
vacancy in the office of any one of its members or that any one of its members
is, for any reason, unable to attend its proceedings and the decision of the
other two members shall have the effect of the decision of the Commission:
Provided that, in the event
of a difference of opinion between the two members attending the proceedings of
the commission,---
(a) if the Commissioner is one of the two members, his opinion
shall prevail and the decision of the Commission shall be expressed in terms
of that opinion; and
(b) in the other case, the matter shall be
placed for a decision before the Commission.
4. Power to punish for
contempt. The
Commission, the Commissioner and the members of the Commission shall have the
same powers to punish its or their contempt as are vested in a High Court under
Article 204.
5. Delegation of powers,
etc. The Commission
may authorize its Chairman or any of its members or any of the officers of the
Commission to exercise and perform all or any of its powers and functions under
this Act.
6. Assistance to the Com
mission.—(1) All
executive authorities in the Federation and in the Provinces shall render such
assistance to the Commissioner and the Commission in the discharge of his or
their functions as may be required of them by the Commissioner or the
Commission.
(2) The Commissioner or the
Commission may require any person or authority to perform such functions or
render such assistance for the purpose of this Act as he or it may direct.
CHAPTER III
ELECTION TO SEATS RESERVED FOR WOMEN OR
CERTAIN COMMUNITIES
7. Election to reserved
seats.—(1) The members
for seats reserved for women in an Assembly shall be elected, subject to the
provisions of clause (5) of Article 51 or, as the case may be, clauses (4) and
(5) of Article 106, by the persons elected to the general seats in that
Assembly so that there is one member for each of the constituencies for seats
reserved for women in that Assembly.
(2) The members for seats
reserved in an Assembly for persons belonging to the Christian, Hindu. Sikh,
Buddhist and Parsi Communities and persons of the Quadiani group or the Lahori
group (who call themselves ‘Ahrrjadis’) and other non-Muslims and persons
belonging to the scheduled castes shall be elected, subject to the provisions
of clause (4A) of Article 51 or, as the case may be, clause (5) of Article 106,
by the persons elected to the general seats in that Assembly.
(3) The Commission shall
hold and conduct the election to fill the seats reserved in an Assembly for the
persons referred to in clause (3) of Article 106 or for women in such manner as
it may think fit
CHAPTER IV
ELECTION EXPENSES
8. Definition. In this Chapter, “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 or otherwise presenting to the, electors the candidate
or his views, aims or objects.
9. Restriction on
election expenses.—(1) No
person shall, except as provided in sub-section (2), make any payment
whatsoever towards the election expenses of a candidate except to such
candidate.
(2) No person other than the
candidate shall incur any election expenses of such candidate:---
Provided that any person
may, if so authorised by a candidate in writing specifying a maximum amount, to
the extent of such amount, make payment for stationery, postage, telegram and
other petty expenses.
(3) The election expenses of a candidate shall not exceed,---
(a) in the case of an election to a seat in
the National Assembly, thirty-five thousand rupees;
(b) in the case of an election to a seat in a Provincial
Assembly, twenty-five thousand rupees.
(4) Any person
incurring any expenditure or making any payment under sub-section (2) shall,
within fourteen days of the declaration of the result of the election, send to
the candidate a statement of such expenditure or the particulars of such
payment.
(5) A candidate shall, by a
bill stating the particulars and by a receipt, vouch for every payment made in
respect of election expenses, except where the amount is less than twenty-five
rupees.
10. Return of election
expenses.—(1) Every
candidate shall, within forty-five days after the publication of the name of
the returned candidate, submit to the returning Officer a return of election
expenses in the prescribed form containing,---
(a) a statement of all payments made by the
candidate together with all the bill and receipts;
(b) a statement of all disputed claims of which the candidate is
aware;
(c) a statement of all unpaid claims, if any, of which the
candidate is aware; and
(d) a statement of all moneys, securities or
equivalent of money received from any person for the purpose of election
expenses specifying the name of every such person.
(2) The return submitted
under sub-section (1) shall be accompanied by an affidavit in the prescribed
form sworn by the contesting candidate.
11. Inspection of
returns, etc.—(1) The
return and documents submitted under section 10 shall be kept by the
Commissioner in his office or at such other convenient place as he may think
fit and shall, during one year from the date of their receipt by him, be open
to inspection by any person on payment of the prescribed fee.
(2) The Commissioner shall,
on an application made in this behalf and payment of the prescribed fee, give
any person copies of any return or document kept under sub-section (1) or of
any part thereof.
CHAPTER V
ELECTION DISPUTES
12. Election Petition.—(1) No election shall be called in
question except by an election petition made by a candidate for that election
(hereinafter in this Chapter referred to as the petitioner).
(2) An election petition
shall be presented to the Commissioner 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 Commissioner, under the prescribed head of account, as
security for the costs of petition, a sum of one thousand rupees.
13. Presentation of
petition.—(1) An election
petition shall be presented by a petitioner and shall be deemed to have been
presented,---
(a) when it is delivered in person to the Secretary to the
Commission or to such other officer as may be appointed by the Commission in
that behalf,---
(i) by the petitioner; or
(ii) by a person authorized in writing in this behalf by
the petitioner; or
(b) when delivered by registered post to the Secretary to the
Commission or to such other officer as aforesaid.
(2) An electron petition,
if sent by registered post, shall be deemed to have been presented in time if
it is posted within the period specified in sub-section (2) of section 12.
14. Parties to the
petition. The
petitioner shall join all the candidates as respondents to his election
petition and shall serve personally or by registered post on each such
respondent a copy of his petition.
15. Contents of
petition.—(1) Every election
petition shall contain,---
(a) a precise statement of the material facts on which the
petitioner relies;
(b) full particulars of any corrupt or illegal practice or other
illegal act alleged to have been committed, including as full a statement as
possible of the names of the parties 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; and
(c) the relief claimed by the petitioner.
(2) A petitioner may claim
as relief any of the following declarations, namely:---
(a) that the election of the returned candidates is void;
(b) that the election of the returned candidate is void and that
the petitioner or some other person has been duly elected; or
(c) that the election as a whole is void.
(3) Every election petition
and every schedule or annex to that petition shall be signed by the petitioner
and verified in the manner laid down in the Code of Civil Procedure, 1908 (Act V of 1908), for the verification of pleadings.
16. Procedure on receipt
of petition by the Commissioner.—(1) If the Commissioner finds that any provision of section 12,
section 13 or section 14 has not been compiled with, the petition shall be
dismissed forthwith.
(2) If an election petition
is not dismissed under sub-section (1), the Commissioner shall refer it for
trial to a Tribunal.
17. Appointment of
Tribunal.—(1) For the
trial of election petitions under this Act, the Commissioner shall appoint as
many Election Tribunals as may be necessary.
(2) An Election Tribunal
shall consist of a person who is or has been a judge of the Supreme Court or
High Court.
18. Power to
transfer petition. The
Commissioner, either of his own motion or on an application made in this behalf
by any of the parties, may, at any stage, transfer an election petition from
one Tribunal to another Tribunal and the Tribunal to which the election
petition is so transferred,---
(a) shall proceed with the trial of the petition from the stage
from which it is transferred; and
(b) may, if it thinks fit, recall and examine any of the
witnesses already examined.
19. Place of trial. The trial of an election petition
shall be held at such place or places as the Tribunal may think fit.
20. Attorney-General,
etc., to assist the Tribunal. In the case of an election petition relating to an election
to the National Assembly, the Attorney-General for
21. Appearance before
Tribunal. Any
appearance, application or act before a 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
any 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.
22. Procedure before
Tribunal.—(1) Subject to
the provisions of this Act and the rules, every election petition shall be
tried, as nearly as may be, in accordance with the procedure for the trial of
suits under the Code of Civil Procedure, 1908 (Act V of 1908):
Provided that the Tribunal
may,---
(a) make a memorandum of the substance of the evidence of each
witness as his examination proceeds unless it considers that there is special
reason for taking down the evidence of any witness in full; and
(b) refuse to examine a witness if it considers that his
evidence is not material or that he has been called on a frivolous ground for
the purpose of delaying the proceedings.
(2) Subject to the
provisions of this Act the Evidence Act, 1872 (Act I of 1872) shall apply for
the trial of an election petition.
(3) The Tribunal may, at
any time, upon such terms and on payment of such fee as it may direct, allow a
petition to be amended 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, so, however, that no new ground of challenge to the election is
permitted to be raised,
(4) At any time during the
trial of an election petition, the Tribunal may call upon the petitioner to
deposit such further sum by way of security, in addition to the sum deposited
under section 12, as it may think fit.
23. Dismissal of
petition during trial. The
Tribunal shall dismiss an election petition, if,---
(a) the provisions of section 14 or section 15 have not been
complied with; or
(b) if the petitioner fails to make the further deposit required
under sub-section (4) of section 22.
24. Powers of the
Tribunal. The
Tribunal shall have all the powers of 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 480 and 482 of the Code of Criminal Procedure,
1898 (Act V of 1898).
25. Further provision
relating to evidence and witnesses.—(1) Notwithstanding anything to the contrary contained in any
other Jaw for the time being in force, no document shall be inadmissible in
evidence at the trial of an election petition only on the ground that it is not
duly stamped or registered.
(2) No witness shall 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 no witness
shall be required or permitted to state for whom he has voted at an election.
(3) A witness who answers
truly all questions which he is required to answer shall “be entitled to
receive a certificate of indemnity from the 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.
(4) A certificate of
indemnity granted to any witness under sub-section (3) 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 (Act XLV of 1860) or under this Act arising out of the
matter 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
for the time being in force.
(5) The reasonable expenses
incurred by any person in attending to give evidence may be allowed to him by
the Tribunal and shall, unless the Tribunal otherwise directs, be deemed to be
part of the costs.
26. 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 duly elected, the returned candidate or any
other party 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:
Provided that the returned
candidate or such other party as aforesaid shall not be entitled to give such
evidence unless he or it has, within the fourteen days next following the
commencement of the trial, given notice to the Tribunal of his intention so to
do and has also deposited the security referred to in section 12.
(2) Every notice referred
to in sub-section (1) 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.
27. Decision of the
Tribunal.—(1) The
Tribunal may, upon the conclusion of the trial of an election petition, make an
order,---
(a) dismissing the petition;
(b) declaring the election of the returned candidate to be void;
(c) declaring the election of the returned
candidate to be void and the petitioner or any other candidate to have been
duly elected; or
(d) declaring the election as a whole to be void.
(2) The decision of a
Tribunal on an election petition shall be final.
28. Ground for declaring
election of returned candidate void.—(1) The Tribunal shall declare the election of the returned
candidate to be void if it is satisfied that,---
(a) the returned candidate was not qualified for, or was
disqualified from, being elected as a member; or
(b) the election of the returned candidate has been procured or
induced by any corrupt or illegal practice; or
(c) a corrupt or illegal practice has been committed by the
returned candidate or by any other person with the connivance of the candidate.
(2) 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 Tribunal is satisfied that it was not committed by, or with the consent or
connivance of, that candidate and that the candidate took all reasonable
precaution to prevent its commission; or
(b) that any of the other candidates was not qualified for, or
was disqualified from, being elected as a member.
29. Ground for declaring
a person other than a returned candidate elected. The Tribunal shall declare the
election of the returned candidate to be void and the petitioner or any other
candidate to have been duly elected, if it is so claimed by the petitioner or
any of the respondents and the Tribunal is satisfied that the petitioner or”
such other candidate was entitled to be declared elected.
30. Ground for declaring
election as a whole void. The
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 of any person to comply with the provisions of
this Act or the rules; or
(b) the prevalence of extensive corrupt or illegal practice al
the election.
31. Decision in case of
equality of votes.—(1)
Where after the conclusion of the trial, it appear; that there is an equality
of votes between two or more candidates and the addition of one vote for one
candidate would entitle him to be declared elected, the Tribunal shall so
inform the Commissioner who shall then direct a fresh poll to be taken in
respect of the said candidates and fix a date for such poll.
(2) All the provisions of
this Act relating to preservation and inspection of documents shall apply to
the fresh poll as at ar election held under the provisions of this Act.
32. Other provisions
relating to Tribunal.—(1)
An order of the Tribunal under section 27 shall take effect on the date on
which it is made and shall be communicated to the Commissioner who shall
publish it in the official Gazette.
(2) The Tribunal shall
after an election petition has been disposed of, forward the record thereof to
the Commissioner who shall retain it for a period of five years from the date
of its receipt and shall thereafter cause it to be destroyed.
33. Withdrawal of
petition.—(1) An election
petition may be withdrawn,---
(a) before the Tribunal has been appointed, by leave of the
Commissioner; and
(b) after a Tribunal has been appointed, by leave of the
Tribunal.
(2) Where leave is granted
by the Tribunal, the petitioner shall be ordered to pay the costs incurred by
the respondents to the election petition or such portion thereof as the Tribunal
may direct.
34. Abatement on death
of petitioner.—(1) An
election petition shall abate on the death of a sole survivor of several
petitioners.
(2) Where a petition abates
under sub-section (1) after a Tribunal has been appointed, notice of the
abatement shall be given by the Tribunal to the Commissioner.
35. 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 form that he does not intend to contest the
petition, and no respondent remains to contest the petition, the 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.
36. Failure of
petitioner to appear. Where,
at any stage of the trial of an election petition, no petitioner-makes an
appearance, the Tribunal may dismiss the petition for default, and make such
order as to costs as it may think fit.
37. Order as to costs.—(1) The Tribunal shall, when making an
order under section 27, also make an order determining in its discretion, the
costs and specifying the person 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 Tribunal within six months 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.
(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 the aforesaid six months,
or where a residue remains after costs have been paid out of the security, such
security or the residue thereof, as the case may be, shall upon application in
writing herefore by the person who made the deposit or by his legal
representative, be returned by the Tribunal to the person making the
application.
(4) Any order for costs may
be enforced upon application in writing made to 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, as if such order were a decree
passed by that court:
Provided that no proceeding
shall be brought under this subsection except in respect of costs which have
not been recovered by an application under sub-section (2).
CHAPTER VI
OFFENCES, PENALTY AND PROCEDURE
38. Corrupt practice. A person is guilty of corrupt
practice if he,---
(1) contravenes the
provisions of section 9;
(2) is guilty of bribery,
personation or undue influence;
(3) makes or publishes a
false statement 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
(4) 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, community, race, cast, bradari,
sect or tribe.
39. Bribery. A person is guilty of bribery, if
he, directly or indirectly, by himself or by any other person on his behalf,---
(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 an election; or
(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 ; or
(ii) an elector to vote, or refrain from voting, as an
election; or
(b) for the purpose of rewarding a person for
having been or for having refrained from being, a candidate at an election.
Explanation.— In this section, “gratification”
includes a gratification in money estimable in money and all forms of
entertainment or employment.
40. Undue influence. A person is guilty of undue
influence, if he,---
(1) in order to induce or
compel any person to vote or refrain from voting, or to offer himself as a
candidate, at an election, directly or indirectly, by himself or by any other
person on his behalf,---
(a) makes or threatens to make use of any force, violence or
restraint;
(b) inflicts or threatens to inflict any injury, damage, harm or
loss;
(c) calls down or threatens to call down
divine displeasure or the displeasure of any saint or pir;
(d) gives or threatens to give any religious
sentence; or
(e) use any official influence or governmental patronage; or
(2) on account of any
person having voted or refrain from voting, or having offered himself as a
candidate, does any of the acts specified in clause (1); or
(3) by abduction, duress or
any fraudulent device or contrivance,---
(a) impedes or prevents the free exercise of the franchise by
an elector; or
(b) compels, induces or prevails upon any
elector to vote or refrain from voting.
Explanation.—In this section, “harm” includes social
ostracism or communication or expulsion from any caste or community.
41. Penalty for corrupt
practice. Any person
guilty of corrupt practice shall be punishable with imprisonment for a term
which may extend to two years, or with fine which may extend to five thousand rupees,
or with both.
42. Illegal practice.—(1) A person is guilty of illegal
practice if he,---
(a) fails to comply with the provisions of section 10;
(b) obtains or procures, or attempts to obtain or procure, the
assistance of any person in the service of
(c) knowingly induces or procures any person to do any of the
aforesaid acts.
(2) Any person guilty of
illegal practice shall be punishable with fine which may extend to two thousand
rupees.
43. Assistance by Government
servant. A person
in the service of
44. Certain offences
cognizable. Notwithstanding
anything contained in the Code of Criminal Procedure, 1898, an offence
punishable under section 41 shall be cognizable offence.
45. Court proceedings
relating to election expenses. The Commission shall direct an officer subordinate to it to
launch proceedings in the appropriate court against persons who contravene the
provisions of section 9 or fail to comply with the provisions of section 10.
46. Court to report convictions
to the Commission. 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.
47. Punishment under
this Chapter not in derogation of any other Liability. Any punishment imposed on any person for
an offence 1punishable 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.
CHAPTER VII
DISQUALIFICATIONS
48. Disqualifications. A person shall be disqualified from
being elected as, and from being, a member of an Assembly, if:---
(a) he has been, on conviction for any offence, sentenced to
imprisonment for a term of not less than two years, unless a period of five
years has elapsed since his release; or
(b) he has been dismissed or removed or compulsorily retired
from the service of Pakistan, unless a period of five years has elapsed since
his dismissal or removal or compulsory retirement; or
(c) he, whether by himself or by any person in trust for him or
for his benefit or on his account or as a member of a Hindu undivided family,
has any share or interest in a contract, not being a contract between a cooperative
society and Government, for the supply of goods to, or for the execution of any
work or the performance of any service undertaken by Government;
Provided that the
disqualification under this clause shall not apply to a person,---
(i) where the share or interest in the
contract devolves on him by inheritance or succession or as a legatee executor
or administrator, until the expiration of six months after it has so devolved
on him; or
(ii) where the contract has been entered into
by or on behalf of a public company as defined in the Companies Act, 1913 (VII
of 1913), of which he is a shareholder but is neither a director nor a person holding
an office of profit under the company nor a managing agent; or
(iii) where the contract entered into by him in the course
of his trade or business with the Government for the supply of goods to, or for
the execution for any work or the performance of any service undertaken, by
that Government, does not subsist;
Explanation.—A contract shall not be deemed to subsist
by reason only of the fact that the person was enrolled as a contractor with
the Government or that the government has not performed its part of the
contract, either wholly or in part.
iii- where he is a member of a Hindu undivided family and the
contract has been entered into by any other member of that family in the course
of carrying on a separate business in which he has no share or interest;
(d) he is a managing agent, manager or secretary of, or holds
any other office carrying the right to remuneration in any company or
corporation (other than a cooperative society) in the capital of which the
Government has not less than twenty-five per cent share or which is managed by
the Government; or
(e) he is found guilty of a corrupt or illegal
practice under any other law for the time being in force, unless a period of
five years has elapsed from the date on which that order takes effect; or
(f) he holds any office of profit in the
service of
(i) an office which is not a whole time office
remunerated either by salary or by fee;
(ii) the office of Lambardar, whether called by
this or any other title;
(iii) the Qaumi Razakars;
(iv) any office the holder whereof, by virtue of holding
such office, is liable to be called up for military training or military
service- under any law providing for the constitution or raising of a force.
Explanation.—For the avoidance of doubt, it is hereby
declared that a judge of Supreme Court or a High Court the Auditor-General and
an Advocate-General are persons holding an office of profit in the service of
Pakistan.
49. Disqualification on
account of certain offences. Where a person has been convicted for having exceeded the
limit of election expenses laid down by section 9 or having failed to file the
return of election expenses in accordance with section 10 or for any other
offence under this Act or has been found guilty of any corrupt or illegal
practice by a Tribunal, he shall, if the Commissioner 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.
50. Removal and remission
of disqualification. The
Commissioner may, on tin application made in this behalf, remit any
disqualification for failure to submit the return of election expenses or for
any error or incorrect statement in such return, if he is satisfied that such
failure or error occurred or incorrect statement was made due to circumstances
beyond the control of the applicant.
CHAPTER VIII
MISCELLANEOUS
51. Commission to ensure
fair election, etc. Save
as otherwise provided, the Commission may issue such instructions and exercise
such powers, and make such consequential orders, as may, in its opinion, be
necessary for ensuring that an election is conducted honestly, justly and
fairly, and in accordance with the provisions of this Act and the rules.
52. Directions of Commission
in certain matters. Anything
required to be done for carrying out the purpose 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.
53. Jurisdiction of
courts barred. No
court shall question the legality of any action taken in good faith by or under
the authority of the Commission or the Commissioner, or any decision given by
the Commission or the Commissioner.
54. Protection of action
taken in good faith. No
suit, prosecution or other legal proceeding shall lie against the Commission,
the Commissioner or any officer or other person in respect of anything which is
in good faith done or intended to be done under or in pursuance of this Act or
of any rule or order made or any direction given thereunder.
55. Power to make rules. The Commissioner may, with the
approval of the President, make rules for carrying out the purposes of this
Act.
56. Commission to be
construed as Commissioner in certain cases. For the purpose of holding an election to .fill a
casual vacancy in an Assembly, reference in this Act to the Commission shall be
construed as referred to the Commissioner.
57. [Repeal.] Omitted by
the Federal Laws (Revision and declaration) Ordinance, 1981 (XXVII of 1981), s.
3 and Sch., II.
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