Updated: Friday May 16, 2014/AlJumaa
Rajab 17, 1435/Sukravara
Vaisakha 26, 1936, at 09:03:07 PM
The Representation of the
People Act, 1976
(ACT NO. LXXXV OF 1976)
January 4, 1977
An Act to provide for the conduct of elections to
the National Assembly and the Provincial Assemblies.
WHEREAS It is expedient to provide for the conduct
of elections to 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 such elections, and other matters arising
out of or connected therewith:---
It is hereby enacted as follows.
CHAPTER I
PRELIMINARY
1. Short title, extent, application
and commencement.-(1) This Act may be called the Representation of
the People Act, 1976.
(2) It extends to the whole of
(3) It shall apply to the general elections to the
National Assembly and the Provincial Assemblies to be held under the
Constitution and to the bye-elections to be held to the seats in those
Assemblies falling vacant after the general elections.
(4) 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) “ballot paper account” means ballot paper
account prepared under sub-section (10)of section 38;
(iv) “candidate” means a person proposed as a
candidate for, or seeking election as a member;
(v) “Commission” means the Election Commission
constituted under Article 218;
(vi) “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;
(vii) “constituency” means a constituency delimited
under the Delimitation of Constituencies Act,1974 (XXXIV of 1974);
(viii) “contesting candidate” means a validly
nominated candidate who has not withdrawn his candidature;
(ix) “election” means election to a seat of a
member held under this Act;
(x) “election agent” means an election agent
appointed by a candidate under section 22 and, where no such appointment is
made, the candidate acting as his own election agent;
(xi) “election petition” means an election petition
made under section 52:
(xii) “elector”, in relation to a constituency,
means a person who is enrolled on the electoral roll for any electoral area in
that constituency;
(xiii) “electoral roll” means an electoral roll
prepared, revised or corrected under the Electoral Rolls Act,1974 (XXI of
1974);
(xiv) “member” means member of an Assembly;
(xv) “nomination day” means the day appointed under
section 11 for the nomination of candidates;
(xvi) “polling agent” means a polling agent
appointed under section 23;
(xvii) “polling day” means the day on which poll is
taken for an election;
(xviii) “polling officer” means a polling officer
appointed under section 9 for a polling station;
(xix) “prescribed” means prescribed by rules made
under this Act;
(xx) “Presiding Officer” means a Presiding Officer
appointed under section 9 for a polling station and includes an Assistant
Presiding Officer; exercising the powers and performing the functions of
Presiding Officer;
(xxi) “returned candidate” means a candidate who
has been declared elected as a member under this Act;
(xxii) “Returning Officer” means a Returning
Officer appointed under section 7 and includes an Assistant
Returning Officer exercising the powers and performing the functions of
Returning Officer;
(xxiii) “scrutiny day” means the day appointed
under section 11 for the scrutiny of nomination papers ;
(xxiv) “spoilt ballot paper” means a ballot paper
which has been spoiled and is returned to the Presiding Officer under section
36;
(xxv) “Tribunal” means an Election Tribunal
appointed under section 57 for the trial of election petitions;
(xxvi) “validly nominated candidate” means a
candidate whose nomination has been accepted; and
(xxvii) “withdrawal day” means a day appointed
under section I I on or before which candidature may be withdrawn.
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,
the matter shall be placed for decision before the Commission.
4. Delegation of powers, etc.–The Commission
may authorise 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.
5. Assistance to the Commission.–(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 purposes of this Act as he or it may direct.
6. Power to requisition property.–(1)The
Provincial Government or an officer authorised by it in this behalf may, upon a
request made in this behalf by the Commission, by order in writing, requisition
any such vehicle, vessel or animal 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 duties in connection with the election
Provided that no vehicle, vessel or animal which is
being used by a candidate or his election agent for any purpose connected with
the election of such candidate shall be so requisitioned.
(2) Any person authorised in this behalf by the
Provincial Government may take possession of any vehicle, vessel or animal
requisitioned under sub-section (1) and may for that purpose use such force,
including police force, as may be reasonably necessary.
(3) Where any vehicle, vessel or animal 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 animal on the basis of the fares
and rates prevailing in the locality for its hire:
Provided that, where the owner of the vehicle,
vessel or animal, 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, the amount of compensation to be paid shall be such as the
arbitrator appointed in this behalf by the Provincial Government may determine.
CHAPTER III
APPOINTMENT OF RETURNING OFFICER,
ETC.
7. Appointment of District Returning
Officer and Returning Officer, etc.–(1) The Commission shall appoint,
from amongst the officers of the Federal Government, Provincial Governments,
corporations controlled by any such Government and local authorities, a
District Returning Officer for each District and a Returning Officer for each
constituency,---
Provided that a person may be appointed as
Returning Officer for two or more constituencies.
(2) The Commission may appoint, from amongst the
Officers of the Federal Government, Provincial Governments, corporations controlled
by such Government and local authorities as many Assistant Returning Officers
as may be necessary.
(3) 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, exercise and perform, under
the control of the Returning Officer, the powers and functions of the Returning
Officer.
(4) It shall be the duty of a Returning Officer to
do all such acts and things as may be necessary for effectively conducting an
election in accordance with the provisions of this Act and the rules.
(5) Subject to the superintendence, direction and
control of the Commission, the District Returning Officer shall coordinate and
supervise all work in the district in connection with the conduct of elections
and shall also perform such other duties and functions as may be entrusted to
him by the Commission.
(6) The Commission or the Commissioner may, at any
time, for reasons to be recorded in writing, suspend any officer performing any
duty in connection with an election, or any other public functionary, or any
member of the police force or any other law-enforcing agency who obstructs or
prevents or attempts to obstruct or prevent the conduct of fair and impartial
poll or interferes or attempts to interfere with an elector when he records his
vote, or influences in any manner the polling staff or an elector or does any
other act calculated to influence the result of election, and make such
arrangements as it or he may consider necessary for the performance of the
functions of the officer so suspended.
(7) Where the Commission or the Commissioner
suspends any officer under sub-section (6), the Commission or the Commissioner
shall refer the matter to the appropriate authority for taking disciplinary
action against such officer.
8. Polling stations.–(1)The Returning
Officer shall, before such time as the Commission may fix, submit to the
District Returning Officer a list of polling stations he proposes to provide in
a constituency for the purpose of election of a member, for that constituency.
(2) Subject to the direction of the Commission, the
District Returning Officer may make such alterations in the list of polling
stations submitted under subsection (1)as he deems necessary and shall, at
least fifteen days before the polling day, publish in the official Gazette the
final list of polling stations specifying the electoral area the electors
whereof will be entitled to vote at each polling station.
(3) The Returning Officer shall establish in each
constituency polling stations according to the final list published under
sub-section (2).
1[(4)A polling
station shall be situated in a Government building for the constituency and,
where no Government building is available for the purpose, an improvised
polling station shall be set up on a public property.
Provided that no polling station shall be located
in any premises which belong to, or are under the direct or indirect control
of, any candidate.]
9. Presiding Officers and Polling
Officer.–(1) A Returning Officer shall appoint for each polling station a
Presiding Officer and such number of Assistant Presiding Officers and polling
officers 2[from amongst the officers of the Federal Government, Provincial
Governments, local governments and corporations established or controlled by
such Governments] to assist the Presiding Officer as the
Returning Officer may consider necessary:---
Provided that a person who is, or has at any time
been, in the employment of any candidate shall not be appointed as a Presiding
Officer, Assistant Presiding Officer or polling officer.
(2) A list of such Presiding Officers and polling
officers shall be submitted to the District Returning Officer at least fifteen
days before the polling day for its approval and no change in the personnel
shall be made except with the approval of the Commission.
(3) A Presiding Officer shall conduct the poll in
accordance with the provisions of this Act and the rules, shall be responsible
for maintaining order at the polling station and shall report to the Returning
Officer any fact or incident which may, in his opinion, affect the fairness of
the poll
Provided that, during the course of the poll, the
Presiding Officer may entrust such of his functions as may be specified by him
to any Assistant Presiding officer and it shall be the duty of such Assistant
Presiding Officer to perform the functions so entrusted.
(4) The Returning Officer shall authorise 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; and any absence of the Presiding Officer, and the reason therefor,
shall, as soon as possible after the close of the poll, be reported to the
Returning Officer.
(5) The Returning Officer may, at any time during
the poll, for reasons to be recorded in writing, suspend any Presiding Officer,
Assistant Presiding Officer or polling officer and make such arrangements as he
may consider necessary for the performance of the functions of the officer so
suspended.
10. Supply of electoral rolls.–(1) The
Commission shall provide the Returning Officer for each constituency with
copies of electoral rolls for all the electoral areas within the constituency.
(2) The Returning Officer shall provide the
Presiding Officer of each polling station with copies of electoral rolls
containing the names of the electors entitled to vote at that polling station.
CHAPTER IV
CONDUCT OF ELECTIONS
11. Notification for election.–(1) As soon as 3[may be
necessary and practicable] the President makes an announcement
of the date or dates on which the polls shall be taken, the Election Commission
4[,
not later than thirty days of such announcement] shall, by
notification in the official Gazette, call upon a constituency to elect a
representative or representatives, and appoint-
(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 public
holiday;
(b) the dates for the scrutiny of nominations,
which shall be the seven days 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.
(c) 5[****] Omitted.
(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 ;
(e) the last date for decision of appeals, which
shall be the 6[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;
(ee) the last date for the withdrawal of
candidature, which shall be the day following the last date for decision 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
second day following the last date for decision of appeals; and
(g) 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-second day after the publication of the revised list of
candidates.
(3) A Returning Officer shall, as soon as may be
after the publication of a notification under sub-section (1), 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 the public notice
shall be published 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.
11A. Alteration in election
programme.–Notwithstanding anything contained in section 11,the Commission may at
any time after the issue of a notification under sub-section (1)of that
section, make such alterations in the programme announced in that notification
for the different stages of the election as may, in its opinion, be necessary.
12. Nomination for election.–(1) Any elector
of a constituency may propose or second the name of any duly qualified person
to be a member for that constituency.
7[(2) Every
nomination shall be made by a separate nomination paper in the prescribed form
which shall be signed both by the proposer and the seconder and shall, on
solemn affirmation made and signed by the candidate, accompany (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 or any other law for the time being
in force for being elected as a member;
(b) 8[****]
Omitted.
(c) a declaration
that no loan for an amount of two million rupees or more, obtained from any
bank, financial institution, cooperative society or corporate body in his own
name or in the name of his spouse or any of his dependents, or any business
concern mainly owned by him or the aforesaid, stands unpaid for more than one
year from the due date, or has got such loan written off;
(d) a declaration
that he, his spouse or any of his dependents or a business concern mainly owned
by him or the aforesaid, is not in default in payment of government dues or
utility charges, including telephone, electricity, gas and water charges of an
amount in excess of ten thousand rupees, for over six months, at the time of
filing of nomination papers;
(e) a statement
specifying his educational qualifications, occupation, National Identity Card
number and National Tax Number, if any, alongwith attested copies thereof; and
(f) a statement
of his assets and liabilities and those of his spouse and dependents on the
prescribed form as on the preceding thirtieth day of June;
Explanation.-For
the purpose of this section, the expression (i) “loan ” shall mean any loan,
advance, credit or finance obtained or written off on or after the 31st day of
December, 1985, but shall not include the loan the recovery of which has been
stayed or suspended by any order of a court or tribunal, including the High
Court and the Supreme Court ;
(ii) “mainly
owned ” shall mean holding or controlling a majority interest in
a business concern ;
(iii) “taxes ”
include all taxes levied by Federal Government, Provincial Government or a
local government, but shall not include taxes the recovery of which has been
stayed or suspended by any order of a court or tribunal;
(iv) “government
dues and utility charges ” shall, inter alia, include rent, charges of rest
houses or lodges owned by the Federal Government, Provincial Governments, local
governments or corporations established or controlled by such governments, but
shall not include the government dues and utilities charges the recovery of
which has been stayed or suspended by any order of a court or tribunal.]
(3) Every nomination paper shall be delivered to
the Returning Officer by 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 in the same
constituency by not more than five
nomination papers.
(5) 9[****] Omitted.
(6) The Returning Officer shall assign a serial
number to every nomination paper and endorse thereon 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.
(7) 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.
10[(8)The
nomination form and accompanying declarations and statements shall be open to
inspection by the public, and copies thereof may be made available by the
Commission in such manner and on payment of such fee as may be prescribed.]
13. Deposits.–(1) Subject to
the provisions of sub-section (2), no nomination paper delivered under section
12 shall be accepted unless
(a) a sum of rupees
(i) four thousand for election to a seat in the
National Assembly; and
(ii) a two thousand for election to a seat in the
Provincial Assembly, 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 bank draft for a sum as
aforesaid drawn in favour of the Returning Officer or 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
(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 for the same seat by more than one nomination paper.
14. Security.–(1) The
candidates, their election agents, the proposers and seconders and one other
person authorised in this behalf by each candidate 11[and an elector
who has filed an objection to the nomination of a candidate]
may attend the scrutiny of nomination papers, and the Returning Officer shall
give them reasonable opportunity for examining all nomination papers delivered
to him under section 12:---
12[Provided that
an elector who has filed an objection to the nomination of a candidate shall
only attend the scrutiny of the nomination paper of that candidate.]
(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.
(3)The Returning Officer may, either of his own
motion or upon any objection, 13[either by an elector or] by any
person referred to in sub–section (1),conduct such summary enquiry as he may
think fit and may reject 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 12 or section 13 has
not been complied with 13[or submits any false or incorrect declaration or
statement 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;
14[(la) the Returning Officer may, for the
purpose of scrutiny, require any agency or authority to produce any document or
record;]
(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 proposer or seconder so as to bring them in
conformity with the corresponding entries in the electoral roll; and
(iii) the Returning Officer shall not enquire into
the correctness or validity of any entry in the electoral roll.
15[(3A)Notwithstanding
anything contained in sub-section (3),where a candidate deposits any amount of
loan, tax or utility charges payable by him before rejection of his nomination
paper on the ground of default in payment of such loan, taxes or utility
charges, such nomination paper shall not be rejected for default thereof.]
(4)The Returning Officer shall endorse on each
nomination paper his decision accepting or rejecting it and shall, in the case
of rejection, record brief reasons therefor.
(5) A candidate, may prefer an appeal against the
decision of the Returning Officer rejecting or, as the case may be, accepting
the nomination paper of the candidate to the Tribunal constituted for the
constituency to which the nomination relates and consisting of not less than
two nor more than three Judges of the High Court nominated by the Commissioner,
with the approval of the President; and such appeal shall be summarily decided
within such time as may be notified by the Commission and any order passed
thereon shall be final.
16[(5A) If, on the basis of any
information or material brought to its knowledge by any source, a Tribunal
constituted under sub-section (5)is of the opinion that a candidate whose
nomination papers have been accepted is a defaulter of loan, taxes government
dues or utility charges or has had any loan written off 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 Tribunal is satisfied that the candidate
is actually a defaulter as aforesaid or has had a loan written off or suffers
from any disqualification, it may reject the nomination papers.]
(6) An appeal not disposed of within the period
specified in sub-section (5) shall be deemed to have been rejected.
(7) Announcement of the day and time appointed for
the hearing of an appeal under sub-section (5) over the radio or television or
by publication in the press shall be deemed to be sufficient notice of the day
and time so appointed.
14A. 17[****] Omitted.
15. Publication of list of
candidates.–(1)The Returning Officer shall, after the scrutiny of nomination
papers, prepare and publish 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 Tribunal referred to in sub-section (5) of
section 14 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 appeal under sub-section (5) of section
14, prepare and publish in the prescribed manner the revised list of validly
nominated candidates.
16. Withdrawal.–(1)Any 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 through an advocate duly authorized in writing by him, withdraw his
candidature.
Explanation.- Authorisation in favour of an
advocate shall be attested by a competent authority, such as, Oath Commissioner
or a Notary appointed under the Notaries Ordinance 1961 (XIX of 1961).
(2) A notice of withdrawal under sub-section (I )
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 withdrawal
day, prepare and publish in the prescribed manner a list of contesting
candidates which shall, if there are more than one contesting candidates,
indicate their respective symbols and supply a copy of the list to each of
them.
17. Retirement from election, etc.–(1)A contesting candidate may retire from
the contest by a notice in writing signed by him and delivered to the Returning
Officer on any day not later than four days before the polling day either by
such candidate in person or by an agent authorised in this behalf in writing by
such candidate.
(2) No person who has given a notice of retirement
under sub-section (1) shall be allowed to cancel the notice.
(3) The Returning Officer shall upon receiving a
notice of retirement under sub-section (1) cause a copy thereof to be affixed
at some conspicuous place in his office and also to be published in such manner
as he may think fit.
(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 16.
18. Death of a candidate after
nomination.–(1) If a contesting candidate dies before the day for taking of the
poll, 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:
Provided that it shall not be necessary for the
other contesting candidates to file fresh nomination papers or make a further
deposit under section 13.
19. Postponement, etc., 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 therefor 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 official Gazette,
fix another day for the proceedings so postponed and if necessary, also the day
or days for any subsequent proceedings.
20. Uncontested election.–(1)Where, after
scrutiny under section 14, there remains only one validly nominated candidate
or where, after withdrawal under section 16 or retirement under section 17,
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 sub-section (5)of section 14
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
such appeal.
(2) The Returning officer shall submit to the
Commission a return of the election in respect of which he has made a
declaration under sub-section (1).
(3) The Commission shall, after such inquiry as it
may deem necessary in any case, publish in the official Gazette the name of the
candidate declared elected under sub-section (2).
18[20A. Candidate to file certificate of party
affiliation.--Each contesting candidate,
before seeking allotment of prescribed symbol, shall file a declaration before
the Returning Officer about his party affiliation, if any, along with a
certificate from the political party showing that he is a party candidate from
the constituency.]
21. Contested election and
allocation of symbols.–(1) If there are more contesting candidates than
one in respect of any constituency, the Returning Officer shall (a) allocate,
subject to any direction of the Commission, one of the prescribed symbols to
each contesting candidate; and in so doing shall, so tar as possible, have
regard for any preference indicated by the candidate at the time of filing his
nomination papers;
(b) publish in such manner as the Commission may
direct the names of the contesting candidates arranged in the Urdu alphabetical
order specifying against each the symbol allocated to him; and
(c) give public notice of the poll:
Provided that the Commission may, on an application
made to it in this behalf, allot one of the prescribed symbols to any political
party or a combination of two or more political parties who have agreed to put
up joint candidates for election.
(2)The Returning Officer shall arrange to exhibit
prominently at each polling station the name of and symbol of each contesting
candidate.
(3) 19[****] Omitted.
(4) 20[****] Omitted.
22. Election Agent.–(1) A candidate
may appoint a person qualified to be elected as a member to be his 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 the
election agent dies, another person may be appointed by the candidate to be his
election agent.
(3) When an election agent is appointed, the
candidate 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.
(4) Where no appointment of an election agent is
made under this section, a 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.
23. Polling agent.–(1)The
contesting candidate or his election agent may, before the commencement of the
poll, appoint for each polling station as many polling agents as may be
prescribed and shall give notice thereof in writing to the Presiding Officer.
Proviso 21[*****] Omitted.
(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 the polling agent dies, another person may
be appointed by the candidate or the election agent to be a polling agent; and
a notice of such appointment shall be given to the Presiding Officer.
24. Absence of candidates etc., not
to invalidate acts, etc.–Where any act or thing is authorised by this Act
to be done in the presence of the candidate, an election agent or a polling
agent, the failure of such person to attend at the time and place appointed for
the purpose shall not invalidate any act or thing otherwise validly done.
25. One day poll.–Polls for a
general election for an Assembly shall be held on the same day and the polls
for National Assembly seats and the Provincial Assembly seats may be held
simultaneously:---
Provided that, 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.
26. 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 accordingly.
27. Stopping of the poll.- (1)The
Presiding Officer of a polling station 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 26; 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,
taken with the result of the polling at other polling stations, in the same
constituency.
(3) Where the Commission orders a fresh poll under
pub-section (2), it shall, by notification in the official Gazette,
(a) 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 electors entitled to vote there at shall be allowed to vote
and no vote cast at the poll stopped under sub-section (1) shall be counted;
and the provisions of this Act and the rules and orders made thereunder shall
apply to such fresh poll.
28. Election by secret ballot.-An election
under this Act shall be decided by secret ballot and, subject to the provisions
of section 29 every elector 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.
29. Postal ballot.–(1) The
following persons may cast their votes by postal ballot in such manner as may
be prescribed, namely:
(a) a person referred to in sub-section (3) or
sub-section (4) or subsection (5) of section 7 of the Electoral Rolls Act, 1974
(XXI of 1974); and
(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.
(2) An elector 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)of sub-section (1),within such time as may be specified by the Commission
soon after the issue of the notification under section 11; and
(b) in the case of a person referred to in clause
(b) of sub-section (1), as soon as may be after his appointment, apply to the
Returning Officer of the constituency in which he is an elector for a ballot paper
for voting by postal ballot; and every such application shall specify the name
of the elector, his address and his serial number in the electoral roll.
(3) The Returning Officer shall immediately upon
the receipt of an application by an elector under sub-section (2)send by post
to such elector 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 elector.
(4) An elector 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.
30. Ballot Boxes.–(1) The
Returning Officer shall provide each Presiding Officer with such number of
ballot boxes as may be necessary.
(2) The ballot boxes shall be of such material and
design as may be approved by the Commission.
(3) Not more than one ballot box shall be used at a
time for the purpose of the poll at any polling station, or at any polling
booth, where there are more than one polling booths at a polling station.
(4) Before the time fixed for the commencement of
the poll, the Presiding Officer shall-(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 them;
(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 electors, 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).
(6) A Presiding Officer shall make such
arrangements at the polling station that every elector may be able to secretly
mark his ballot paper before folding and inserting it in the ballot box.
31. 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 electors to be admitted to the polling station
at a 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 Returning Officer.
32. 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 polling station, be liable to be arrested without warrant by a
Police Officer.
(3) The powers under this section shall be so
exercised not to deprive an elector of an opportunity to cast his vote at the
polling station at which he is entitled to vote.
33. Voting procedure.–(1) Where an
elector presents himself at the polling station to vote, the Presiding Officer
shall issue a ballot paper to the elector after satisfying himself about the
identity of the elector and shall, for that purpose, require the elector to
produce his identity card provided for in the National Registration Act, 1973
(LVI of 1973) 22[or issued under the National Database and
Registration Authority Ordinance, 2000 (VIII of 2000)].
(2) Before a ballot paper is issued to an elector
(a) 23[****] Omitted.
(b) the number and name of the elector as entered
in the electoral roll shall be called out;
(c) the entry relating to the elector on the
electoral roll shall be struck off to indicate that a ballot paper has been
issued to him;
(cc) he shall be required to receive a personal
mark, made with indelible ink, on any finger 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; and
(e) the Presiding Officer shall record on the
counterfoil of the ballot paper the number of the elector on the electoral roll
the number of National Identity Card of the elector, stamp it with the official
mark, sign it and obtain on it the thumb impression of the elector.
(3) A ballot paper shall not be issued to a person
who-
(a) fails or refuses to produce his identity card
provided for in the National Registration Act,1973 (LVI of 1973) 24[or issued under
the National Database and Registration Authority Ordinance,2000 (VIII of 2000)];.
(b) 25[****] Omitted.
(c) refuses to put his thumb impression on the
counterfoil or whose thumb bears traces of its having already been used for
putting an impression; or
(d) refuses to receive the personal mark with
indelible ink or who already bears such a mark or traces of such a mark.
(4) If a contesting candidate or his election agent
or polling agent alleges that an elector 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 elector 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 elector does not insert more than one ballot paper in the
ballot box.
(5) On receiving the ballot paper, the elector
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.
(6) The elector shall vote without undue delay and
shall leave the polling station immediately after he has inserted his ballot
paper in the ballot box.
(7) Where an elector is blind or is otherwise so
incapacitated that he cannot vote
without the assistance of a companion, the Presiding Officer shall allow him
such assistance and thereupon such elector may do with such assistance anything
which an elector is required or permitted to do under this Act.
34. Tendered ballot papers.–(1) If a person
representing himself to be an elector applies for a ballot paper when another
person has already represented himself to be that elector and has voted under
the name of the person so applying, 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 elector.
(2) A ballot paper issued under sub-section (1)
shall, after it has been marked and folded by the elector, be placed in the
same condition in separate packet bearing the label “Tendered Ballot Paper ”
instead of being placed in the ballot box and shall not be included in the
count by the Presiding Officer or the Returning Officer.
(3) The name of the person applying for a ballot
paper under sub-section (1)and his number on the electoral roll shall be
entered in a list (hereinafter referred to as “the tendered votes list “) to be
prepared by the Presiding Officer.
35. Challenge of electors.–(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 at the election, at the same or
another polling station, or is not the person against whose name entered in the
electoral roll he is seeking to vote, and undertakes to prove the charge in a
court of law and deposits with the Presiding Officer in cash a sum of two
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 (hereinafter referred to as “challenged
ballot paper “) to that person.
(2) If the Presiding Officer issues a ballot paper
under sub-section (1)to such person he shall enter the name and address of that
person in a list to be prepared by him (hereinafter referred to as “the
challenged votes list “)and obtain thereon the thumb impression and, if he is
literate, also the signature of that person.
(3) A ballot paper issued under sub-section (1)
shall, after it has been marked and folded by the elector, be placed in the
same condition in a separate packet bearing the label “Challenged Ballot Papers
“,instead of being placed in the ballot box.
36. Spoilt ballot paper.–(1)An elector
who has inadvertently so spoilt his ballot paper that it cannot be used as a
-valid ballot paper may, upon proving 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 forthwith cancel
the ballot paper returned to him under sub-section (1),make a note to that
effect on the counterfoil over his own signatures and sign the cancelled ballot
paper, and place it in a separate packet bearing the label “Spoilt Ballot
Papers “.
37. Voting after close of poll.–No person shall
be given any ballot paper or be permitted 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.
38. 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 and
polling agents as may be present.
(2) The Presiding Officer shall give such of the
contesting candidates, election agents and polling agents as may be present
reasonable facility of observing the count and give them such information with
respect thereto as can be given consistent with the orderly conduct of the
count and the discharge of his duties in connection therewith.
(3) No person other than the Presiding Officer, the
Polling Officer, any other person on duty in connection with the poll, the
contesting candidates, their election agents and polling agents shall be
present at the count.
(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 packet bearing the label “Challenged
Ballot Papers “and count them;
(c) count, in such manner as may be prescribed,
the-votes cast in favour of each contesting candidate excluding from the count
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 elector has voted; or
(iv) any mark from which it is not clear for whom
the elector has voted:
Provided that 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.
(5) The Presiding Officer may recount the votes
(a) of his own motion if he considers it necessary;
or
(b) upon the request of a contesting candidate or
an election agent present if, in his opinion, the request is not unreasonable.
(6) 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 the contents thereof, specifying the name and symbol of the
contesting candidate to whom the packet relates.
(7) The ballot papers excluded from the count shall
be put in a separate packet indicating thereon the total number both in letters
and figures of the ballot papers, contained therein.
(8) The packets mentioned in sub-sections (6) and
(7) shall be put in a principal packet which shall be sealed by the Presiding
Officer.
(9) The Presiding Officer shall, immediately after
the count, prepare a statement 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.
(10) The Presiding Officer shall also 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;
(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.
(11) The Presiding Officer shall give a certified
copy of the statement of the count and the ballot paper account to such of the
candidates, their election agents or polling agents as may be present and
obtain a receipt for such copy.
(12) The Presiding Officer shall seal in separate
packets,---
(a) the un-issued ballot papers;
(b) the spoilt ballot papers;
(c) the tendered ballot papers;
(d) the challenged ballot papers;
(e) the marked copies of the electoral rolls;
(f) the counterfoils of used ballot papers;
(g) the tendered votes list;
(h) the challenged votes list; and
(i) such other papers as the Returning Officer may
direct.
(13) 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.
(14) A person required to sign a packet or
statement under sub-section (13) may,
if he so desires, also affix his seal to it.
(15) After the close of the proceedings under the
foregoing subsections, the Presiding Officer shall, in compliance with such
instructions as may be given by the Commission in this behalf cause the
packets, the statement of the count and the ballot paper account prepared by
him to be sent to the Returning Officer together with such other records as the
Commission may direct.
39. Consolidation of results.–(I) 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 aforesaid.
(2) The consolidation proceedings shall be held
without any avoidable delay as soon as possible after the polling day.
(3) 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 thereby.
(4) 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 sub-section (4)of section 38.
(5) The ballot papers rejected by the Returning
Officer under sub-section (4) shall be shown separately in the consolidated
statement.
(6)The Returning Officer may recount the ballot
papers,---
(a) upon the request of, or challenge in writing
made by, a contesting candidate or his election agent, if the Returning Officer
is satisfied that the request or the challenge is reasonable; or
(b) if so directed by the Commission, in which case
the recount shall be held in such manner and at such place as may be directed
by the Commission.
40. Resealing of packets and supply
of copies.–The Returning Officer shall-
(a) immediately after preparing the consolidated
statement and the return of election, 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 duly attested copies of the consolidated
statement and the return of election to such of the candidates and their
election agents as may be present.
41. Equality of votes.–(1) Where, after
consolidation of the results of the count under section 39, it appears that
there is equality of votes between two or more contesting candidates and the
addition of one vote for one such candidate would entitle him to be declared
elected, the Returning Officer or the Commission, as the case may be, shall
forthwith draw a lot in respect of such candidates and the candidate on whom
the lot falls shall be deemed to have received the highest number of votes
entitling him to be declared elected.
(2)The lot shall be drawn in the presence of such
of the contesting candidates and their election agents as may be present.
(3) The Returning Officer or the Commission, as the
case may be, shall keep, record of the proceedings and obtain thereon the
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.
42. Declaration of results.–(1) The
Returning Officer shall, after obtaining the result of the count under section
39 or of the drawal of the lots under section 41, intimate the results of the
count to the Commission which shall declare by public notice the contesting
candidate who has or is deemed to have received the highest number of votes to
be elected.
(2) The public notice shall contain the name of,
and the total number of votes received by, each contesting candidate as a
result of consolidation under section 39 or as a result of drawal of lots under
section 41.
(3) The Returning Officer shall, immediately after
the count, submit to the Commission a copy of the consolidated statement in the
prescribed form.
26[(3A) Every returned candidate shall, within ten days
from the poll of an election, submit a return of election expenses in
accordance with the provisions of section 50.]
(4)The Commission shall publish in the official
Gazette the name of the returned
candidate.
27[Provided that the result of a returned candidate
shall not be published who fails to submit the return of expenses specified in
subsection (3A)].
28[42A. Yearly submission of statements of assets
and liabilities.- (1)Every member shall, on a form prescribed under clause (f)of
sub-section (2) of section 12, submit a statement of assets and liabilities of
his own, his spouse and dependents annually to the Commission by the thirtieth
day of September each year.
(2) The statements of assets and liabilities
submitted under sub-section (1) shall be published in the official Gazette and
copies thereof may be obtained on payment of prescribed fee.
(3) The Commissioner shall, by the fifteenth day of
October each year; notify the names of the members who fail to file statements
of assets and liabilities within the period specified in sub-section (1) and by
an order, direct that such member shall cease to function till such statement
is submitted.
(4) Where a member submits the statement of assets
and liabilities under sub-section (1) which is found to be false in material
particulars, he may be proceeded against under section 82 for committing the
offence of corrupt practice.]
43. Return or forfeiture of deposit.–(1)After the
termination of the proceedings relating to an election under section 18 where
the proceedings have been so terminated and the contesting candidate does not
want to utilise his security deposit for a subsequent election, or after the
declaration of the result of an election under section 20 or section 42 the
deposit made under section 13, in respect of any candidate shall be returned to
the person making it or to his legal representative, except the deposit in
respect of a candidate who has received less than one-eight of the total number
of votes cast at the election,---
Provided that a deposit shall not be required to be
returned after six months of the termination of the proceedings or, as the case
may be, the declaration of the result of the election, as aforesaid.
(2) A deposit which is not required to be returned
under sub-section (1) shall be forfeited to the Federal Government.
44. Documents to be sent to, and retained by, the
Commission.–The Returning Officer shall forward to the Commission
(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;
(d) the packets containing the ballot paper
account;
(e) the packets containing the tendered ballot
papers, the challenged ballot papers, the tendered votes list and the
challenged votes list; and
(f) such other papers as the Commission may direct.
(2) The Returning Officer shall endorse in each
packet forwarded under sub-section (1) 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.
(3) The Commission shall retain the documents
contained in the packets received under subsection (1)for a period of one year
from the date of their receipt and thereafter shall, unless otherwise directed
by a Tribunal, cause them to be destroyed.
45. Public inspection of documents.–The documents
retained by the Commission under section 44, 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.
46. Order for production of documents.–(1) A Tribunal
may order the opening of packets of counterfoils and certificates or the inspection
of any counted ballot papers.
(2) 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 Provided that in making and carrying into effect an order
for the inspection of counted ballot papers, care shall be taken that no vote
shall be disclosed until it has been held by the Tribunal to be invalid.
(3) 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.
(4) The production from proper custody of a ballot
paper purporting to have been used at an election and of a numbered counterfoil
bearing the signature or thumb impression of the elector shall be prima facie
evidence that the elector whose vote was given by that ballot paper was the
elector who had on the electoral rolls the same number as was written on the counterfoil.
(5) 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.
29[CHAPTER V-A
ELECTION TO RESERVED SEATS
47A. Party lists for reserved seats, etc.--(1) For the
purpose of election to seats reserved for women and non-Muslims in the National
Assembly and Provincial Assemblies, the political parties contesting election
for such seats shall, within the period fixed by the Election Commission for
submission of nomination papers, file separate lists of their candidates in
order of priority for seats reserved for women and non-Muslims with the Chief
Election Commissioner or, as he may direct, with the Provincial Election
Commissioner, who shall forthwith cause such lists to be published for
information of the public at large.
(2) The parties' lists referred to in clause (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 seat during the terms of National Assembly
and Provincial Assemblies, as the case may be.
(3) Where a seat reserved for women or non-Muslims
in the National Assembly or a Provincial Assembly falls vacant for death,
resignation or disqualification of a member, it shall be filled in by the next
person in order of precedent from the party's list of the candidates submitted
to the Election Commission under clause (1).
(4) Every candidate contesting election on a seat
reserved for women or non-Muslims shall, alongwith the nomination papers and
other relevant documents, submit to the Returning Officer appointed by the
Election Commission in this behalf
(a) a copy of the party list of the candidate 's
political party for such seats;
(b) declarations and statements as required by law
or rules in support of the nomination; and
(c) the fee required under any law for the time
being in force for filing nomination papers.]
CHAPTER VI
ELECTION EXPENSES
30[48. Definitions.-For the purpose
of this Act, "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 13.
49. Restriction on election expenses.--(1) No person
other than the candidate shall incur any election expenses of such candidate:
Provided that where any person incurs any election
expenses on behalf of such candidate, whether for stationery, postage,
telegrams, advertisement, transport or for any other item whatsoever, such
expenses shall be deemed to be the election expenses incurred by the candidate
himself.
(2) The election expenses of a contesting candidate
shall not exceed, in the case of an election to a seat in the National
Assembly, one million and five hundred thousand rupees and, in the case of an
election to a seat in a Provincial Assembly, one million rupees.
(3) 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 five hundred rupees.
50. Return of election expenses.-(1)Every
contesting candidate, other than the returned candidate, shall submit the
return of his election expenses within thirty days of the publication of the
name of the returned candidate.,
(2) The return of election expenses of the returned
candidate referred to in sub-section (3A) of section 42 and of every contesting
candidate referred to in sub-section (1) shall be submitted to the Returning
Officer in the prescribed form containing
(a) a statement of all payments made by him
together with all bills and receipts;
(b) a statement of all disputed claims;
(c) a statement of all unpaid claims, if any; and
(d) a statement of all moneys, securities or
equivalent of money received from, or spent, by any person for the benefit of
the candidate, specifying the name of every such person.
(3) The returns submitted under sub-section (2)
shall be accompanied by an affidavit of the candidate in the prescribed form.
51. Inspection of returns, etc.--(1) The
returns and documents submitted under section 50 shall be kept by the Returning
Officer 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 free.
(2) The Returning Officer 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)].
CHAPTER VII
ELECTION DISPUTES
52. Election petition.–No election
shall be called in question except by an election petition made by a candidate
for that election (hereafter 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 the petition, a sum of one thousand rupees:---
53. 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 authorised 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 election 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 52.
54. Parties to the petition.–The petitioner
shall join as respondents to his election petition
(a) all contesting candidates; and
(b) any other candidate against whom any allegation
of any corrupt or illegal practice is made and shall serve personally or by
registered post on each such respondent a copy of the petition.
Explanation.-In this section and in the following
provisions of this chapter, “corrupt or illegal practice” means a “corrupt
practice” or an “illegal practice” within the meaning of Chapter VIII.
55. 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 candidate 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.
56. Procedure on receipt of petition by the
Commissioner.–(1) If the Commissioner finds that any provision of section 52,
section 53 or section 54 has not been complied 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.
57. 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 has been, or is, or, at the time of his retirement as a District and
Sessions Judge, was qualified to be, a Judge of a High Court.
58. 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.
59. Place of trial.–The trial of an
election petition shall be held at such place or places as the Tribunal may
think fit.
60. Advocate-General to assist the Tribunal.–The
Advocate-General for a Province shall, if a Tribunal so requires, assist the
Tribunal at the hearing of an election petition in such manner as it may
require.
61. 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.
62. Procedure before Tribunal.–(1) Subject to
the provisions of this Act and the rules, every election petition shall be
tried in accordance with the procedure laid down by the Election Commission.
(2) Subject to the provisions of this Act, the
Evidence Act, 1872 (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 52, as it
may think fit.
63. Dismissal of petition during trial.-The Tribunal
shall dismiss an election petition, if,---
(a) the provisions of section 54 or section 55 have
not been complied with; or
(b) if the petitioner fails to make the further
deposit required under subsection (4)
of section 62.
64. Power of the Tribunal.–The 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 of Criminal
Procedure, 1898 (Act V of 1898).
65. Further provision relating to evidence and
witnesses.–(1) Notwithstanding anything to the contrary contained in any other
law 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
forefeiture; 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 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 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.
66. 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 52.
(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.
67. 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 contesting candidate to
have been duly elected; or
(d) declaring the election as a whole to be void.
31[(lA)The Election Tribunal shall proceed with the
trial of the election petition on day to day basis and the decision thereof
shall be taken within four months from its receipt,---
Provided that 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 Tribunal shall refer to the Commissioner that such
candidate may be declared by the Commission to have ceased to perform the
functions of his office either till the conclusion of the proceedings or for
such period as the Commission may direct.]
(2) Save as provided in sub-section (3), the
decision of a Tribunal on an election
petition shall be final.
(3) Any person aggrieved by a decision of the
Tribunal may, within thirty days of the announcement of the decision, appeal to
the Supreme Court and the decision of the Supreme Court on such appeal shall be
final.
Explanation.-In this sub-section, “decision of the
Tribunal” shall not be deemed to include an order made by the Commission in the
exercise of its powers under section 103AA.
68. 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 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 connivance of the candidate or his election agent.
(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 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.
69. 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 contesting
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 contesting candidate was entitled to be declared elected.
70. 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 the Act or the rules; or
(b) the prevalence of extensive corrupt or illegal
practice at the election.
71. Decision in case of equality of votes.–(1) Where,
after the conclusion of the trial, it appears that there is an equality of
votes between two or more contesting candidates and the addition of one vote
for one such candidate would entitle him to be declared elected, the Tribunal
shall draw a lot in respect of such candidates and the candidate on whom the
lot falls shall be deemed to have received the highest number of votes
entitling him to be declared elected.
(2) Before proceeding to draw a lot under
sub-section (1), the Tribunal shall give notice to the contesting candidates
between whom there is an equality of votes and shall proceed to draw a lot on
the day and at the time and place stated in the notice:---
Provided that, if the contesting candidates are
present when it appears that there is an equality of votes between them, the
Tribunal may proceed forthwith to draw a lot without giving notice as
aforesaid.
72. Other provisions relating to Tribunal.–(1)An order of
the Tribunal under section 67 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.
73. 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
by 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.
74. 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 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.
75. 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.
76. 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.
32[76A. 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 or utility charges,
or has submitted a false or incorrect declaration regarding payment of loans,
taxes, government dues or utility charges, or has submitted a false or
incorrect statement of assets and liabilities of his own, his spouse or his
dependents under section 12, 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.
(2) If on examining the material or information
referred to in sub-section (1),an Election Tribunal finds that there appear
reasonable grounds for believing that a returned candidate is a defaulter or
has submitted a false or incorrect declaration referred to in sub-section (1)
it may, pending decision of the motion under subsection (1),direct that the
result of the returned candidate shall not be published in the official
Gazette.
(3) No order under sub-section (1) or sub-section
(2)shall be made unless the returned candidate is provided an opportunity of,
being heard.]
77. Order as to costs.–(1)The Tribunal
shall when making an order under section 67, also make an order determining in
its discretion 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 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
therefor 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 maybe 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 arc to be
recovered resides or owns property, or of the district in which the
constituency, or any part of the constituency, to which the disputed election relates
is situate., as if such order were a decree passed by that court:---
Provided that no proceeding shall be brought under
this sub-section except in respect of costs which have not been recovered by an
application under subsection (2).
CHAPTER VIII
OFFENCE, PENALTY AND PROCEDURE
78. Corrupt practice.–A person is
guilty of corrupt practice if he,---
33[(1). contravenes the provisions of section 49;]
(2) is guilty of bribery, personation or undue
influence;
(3) makes or publishes a false statement
34[or submits false or incorrect declaration in any
particular material]
(a) concerning the personal character of a
candidate or any of his relation calculated to adversely affect the election of
such candidate or for the purpose of promoting or procuring the election of
another candidate, unless he proves that he had reasonable grounds for
believing, and did believe, the statement to be true;
(b) relating to the symbol of a candidate whether
or not such symbol has been
allocated to such candidate; 35[**]
(c) regarding the withdrawal of a candidate; 34[or
]
34[(d) in respect of his educational
qualifications, assets and liabilities, or any liability with regard to payment
of loans or adherence to party affiliation specified in sub-section (2) of
section 12.].
(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, province, community, race, caste, bradari, sect or tribe;
(5) knowingly, in order to support or oppose a
candidate, lends, employs, hires, borrows or uses any vehicle or vessel for the
purposes of conveying to or from the polling station any elector except himself
and members of his immediate family; or
(6) causes or attempts to cause any person present
and waiting to vote at the polling station to depart without voting.
79. 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, or for withdrawing 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) an elector to vote, or refrain from voting, at
an election; or
(iii) a candidate to withdraw 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) an elector for having voted or refrained from
voting at an election; or
(iii) a candidate for having withdrawn from an
election.
Explanation.-In this section, “gratification”
includes a gratification in money or estimable in money and all forms of
entertainment or employment.
80. 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.
80A. Penalty for adversely affecting the interests
of candidate.–Whoever, as a proposer, or in a fictitious name as a proposer,
willfully 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 nomination
form which is not correct, or subscribes to a nomination form a signature which
is not genuine, and thereby adversely affects the interests of any person as a
candidate, shall be punishable with imprisonment for a term which may extend to
six months, or with fine which may extend to five thousand rupees, or with
both.
81. 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, or to withdraw his
candidature, 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 or disapprobation of any saint or pir;
(d) gives or threatens to give any religious
sentence;
(e) uses any official influence or governmental
patronage; or
(f) maligns the Armed Forces of Pakistan.
(2) on account of any person having voted or
refrained from voting, or having offered himself as candidate or having
withdrawn his candidature, does any of the acts specified in clause (1); or
(3) directly or indirectly, by himself or by any
other person on his behalf,
(a) uses any place of religious worship, or any
place reserved for the performance of religious rites, for the purpose of
canvassing for votes or for persuading electors to vote, or not to vote, at an
election or for a particular candidate; or
(b) for any of the purposes specified in sub-clause
(a),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 thereof; or
(4) 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 excommunication or expulsion from any caste or community.
82. Penalty for corrupt practice.–Any person
guilty of corrupt practice shall be punishable with imprisonment for a term
which may extend to three years, or with fine which may extend to five thousand
rupees, or with both.
36[82A. Capturing of polling station and polling
both, etc:-Whoever,---
(a) seizes of polling station or a place fixed for
the poll or makes polling authorities surrender the ballot papers or ballot box
or both and doing of any other act which affects the orderly conduct of
elections;
(b) takes possession of a polling station or a
place for the poll and allows his supporters to exercise their right to vote
and prevent others from free exercise of their right to vote;
(c) coeres, intimidates or threatens directly or
indirectly any elector and prevents him from going to the polling station or a
place fixed for the cast of his vote; or
(d) being in the service of Government or
corporations or institutions controlled by the Government of all or any of the
aforesaid activities or aids or connives at, any such activity in the
furtherance of the prospects of the election of a candidate, shall be guilty of
any offence punishable with imprisonment for a term which shall not be less
than three years and may extend to five years and with fine which shall not be
less than fifty thousand rupees and may extend to one hundred thousand rupees
or with both.]
83. Illegal practice.–(1) A person is
guilty of illegal practice if he
37[(a) fails to comply with the provisions of
section 50;]
(b) obtains or procures or attempts to obtain or
procure, the assistance of any person in the service of
(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;
(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; or
(g) knowingly induces or procures any person to do
any of the aforesaid acts.
(2) Any person guilty of illegal practice shall be
punishable with 38[imprisonment for a term which may extend to six months and
fine which may extend to five] thousand rupees.
39[83 A. Prohibition of affixing hoardings, etc.--(I) No person
or apolitical party shall affix posters, hoardings or banners larger than the
sizes prescribed by the Election Commission,---
Provided that such posters, hoardings or banners
shall not be affixed nor parties flags shall be hoisted on any public property
or at any public place, except with the permission in writing from, and on
payment of such fee or charges as may be chargeable by, the concerned local
government or authorities.
(2) Wall-chalking as part of an election campaign
is prohibited in all forms.
(3) Loudspeakers shall not be used for election
campaign except at the election
meetings.
(4) The Zila Nazim and the Returning Officer shall
be responsible for the effective implementation of the provisions of this
section.
(5) The contravention of the provisions of sub-sections
(1),(2)and (3)shall be punishable with imprisonment of a term not exceeding one
year, or with tine, or with both.]
84. Prohibition of public meetings, etc., during
certain period.–(1)No person shall convene, hold or attend any public meeting, and no
person shall promote or join in any procession, within the area of any
constituency during a period of forty-eight hours ending at midnight following
the conclusion of the poll for any election in that constituency.
(2) Any person who contravenes the provisions of
sub-section (1)shall be punishable with rigorous imprisonment for a term which
may extend to six months, or with fine which may extend to one thousand rupees,
or with both.
85. Prohibition of canvassing in or near polling
station.–A person is guilty of an offence punishable with fine which may extend
to one thousand rupees if he, within a radius of four hundred yards of the
polling station, on the polling day-
(1) canvasses for votes;
(2) solicits the vote of any elector;
(3) persuades any elector not to vote at the
election or for a particular candidate;
or
(4) 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 yards of the polling station, any
notice, sign, banner or flag designed to encourage the electors to vote or
discourage the electors from voting, for any contesting candidate.
86. Disorderly conduct near polling station.–A person is
guilty of an offence punishable with imprisonment for a term which may extend
to three months, or with fine which may extend to one thousand rupees, or with
both, if he, on the polling day-
(1) uses, in such manner as to be audible within
the polling station, any gramophone, magaphone, loudspeaker or other apparatus
for reproducing or amplifying sounds;
(2) persistently shouts in such manner as to be
audible within the polling station;
(3) does any act which
(a) disturbs or causes annoyance to any elector
visiting a polling station for the purpose of voting; or
(b) interferes with the performance of the duty of
a Presiding Officer, Assistant Presiding Officer, Polling Officer or any person
performing any duty at a polling station; or.
(4) abets the doing of any of the aforesaid acts.
86A. Certain offences triable by officers
authorised by the Commission.–Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (Act V of 1898), an officer for the time being
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
authorised by the Commission in this behalf may
(a) exercise the powers of a Magistrate of the
first class under the said Code in respect of the offences punishable under
section 80 40[Section 82A] 41[Section 83,] section 84, section 85, section 86
and section 87; and
(b) take cognizance of any such offence under any
of the clauses of subsection (1) of section 190 of the said Code;
and shall try any such offence in a summary way in
accordance with the provisions of the said Code relating to summary trials.
87. Tampering with papers.–(1)Except as
provided in subsection (2).a person 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) intentionally defaces or destroys any
nomination paper, ballot paper or official mark on a ballot paper;
(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 authorised by law
to put in;
(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;
(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.
(2) A Returning Officer, Assistant Returning
Officer, Presiding Officer, Assistant Presiding Officer or any other officer or
clerk on duty in connection with the election who is guilty of an offence under
sub-section (1); shall be punishable with imprisonment for a term which may
extend to two years, or with fine which may extend to one thousand rupees, or
with both.
88. Interference with the secrecy of voting.–A person is
guilty of an offence punishable with imprisonment for a term which may extend
to six months or with fine which may extend to five hundred rupees, or with
both if he
(a) interferes or attempts to interfere with an
elector when he records his vote;
(b) in any manner obtains or attempts to obtain in
a polling station information as to the candidate for whom an elector is about
to vote or has voted; or
(c) communicates at any time any information
obtained in a polling station as to the candidate for whom an elector is about
to vote or has voted.
89. Failure to maintain secrecy.–A Returning
Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding
Officer, or polling officer,
or any candidate, election agent or polling agent
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 or aid in maintaining the
secrecy of voting;
(b) communicates, except for any purpose authorised
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 for whom any vote is given by any
particular ballot paper.
90. Officials not to influence voters.–A Returning
Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding
Officer, Polling Officer or any other officer or clerk performing a duty in
connection with an election, or any member of a police force, is guilty of an
offence punishable with imprisonment for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both, 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.
91. Breaches of official duty in connection with
election.–A Returning Officer, Assistant Returning Officer, Presiding Officer,
Assistant Presiding Officer or any other person employed by any such officer in
connection with his official duties imposed by or under this Act, is guilty of
an offence punishable with imprisonment for a term which may extend to two
years, or with fine which may extend to one thousand rupees or with both, if
he, willfully and without reasonable cause, commits breach of any such official
duty, by act or omission.
92. Assistance by Government servant.–A person in the
service of
93. Certain Powers of a Police Officer.–A Police
Officer may,---
(a) arrest without warrant, notwithstanding
anything contained in the Code of Criminal Procedure,1898 (Act V of 1898),any
person-
(i) who, commits personation or an offence under
section 86 if the Presiding Officer directs him to so arrest such person;
(ii) who, being removed from the polling station by
the Presiding Officer under section 32 commits any offence at the polling
station.
(b) remove any notice, sign, banner or flag used in
contravention of section 85; and
(c) seize any instrument or apparatus used in contravention of section 86 and
take such steps, including use of force, as may be reasonable necessary for
preventing such contravention.
94. Certain offences cognizable.–(1)
Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an
offence punishable under 42[section 80A] or section 82 or section 85 or
subsection (1) of section 87 shall be a cognizable offence.
43[(2)Notwithstanding anything contained in this
Act or any other law for the time being in force, the offences of corrupt
practice shall be tried by the Sessions Judge and an appeal against his order
shall lie before a Division Bench of the High Court.
(3) Where proceedings against a person for being
involved in corrupt practice are initiated on a complaint made by a private
individual, and such person is convicted by the court and his conviction is
maintained in final appeal, the complainant may be entitled to such reward
payable out of the amount of fine as may be imposed by the court.
Provided that where such complaint proves to be
false, malafide 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 three years, or with fine, or with both.]
95. Prosecution of offences by public officers.–(1)No Court
shall take cognizance of an offence punishable under sub-section (2)of section
87, section 89, section 90, section 91 or section 92 except upon a complaint in
writing made by order of or under authority from, the Commission or the
Commissioner.
(2) The Commission or the Commissioner shall, if it
or he has reason to believe that any offence specified in sub-section (1) has
been committed, cause such enquiries to be made or prosecution to be instituted
as it or he may think fit.
(3) An offence specified in sub-section (1) shall
be exclusively triable by the Court of Session within the Jurisdiction of which
the offence is committed.
(4) In respect of an offence specified in
sub-section (1), section 494 of the Code of Criminal Procedure, 1898 (Act V of
1898), shall have effect as if, after the word and comma “may,” therein, the
words “if so directed by the Chief Election Commissioner and” were inserted.
96. Court proceedings relating to election expenses.–The Commission
shall direct the Returning Officer to launch proceedings in the appropriate
court against persons who contravene the provisions of section 49 or fails to
comply with the provisions of section 50.
97. 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.
98. Punishment under this Chapter 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.
CHAPTER IX
DISQUALIFICATIONS
99. Qualifications and disqualifications.–(1) A person
shall not be qualified to be elected or chosen as a member of an Assembly
unless
(a) he is a citizen of
44[(b) he is, in the case of National Assembly, not
less than twenty-five years of age and is enrolled as a voter in any electoral
roll:
(i) in any part of
and
(ii) in a Province, from where such person seeks
membership for election to a seat reserved for women];
(c) he is, in the case of Provincial Assembly, not
less than twenty-five years of age and is enrolled as a voter in any electoral
roll [as a voter in any area in a Province from where he seeks membership for ]
that Assembly;
45[(cc) he is at least a graduate, possesses a
bachelor 's degree in any discipline or any degree recognized as equivalent
thereto by the University Grants Commission under the University Grants
Commission Act, 1974 (XXIII of 1974),or any other law for the time being in
force;]
(d) he is of good character and is not commonly
known as one who violates Islamic Injunctions;
(e) he has adequate knowledge of Islamic teachings
and practices obligatory duties prescribed by Islam as well as abstains from
major sins;
(f) he is sagacious, righteous and non-profligate
and honest and ameen;
(g) he has not been convicted for a crime involving
moral turpitude or for giving false evidence; and
(h) he has not, after the establishment of
Provided that the disqualifications specified in
clauses (d) and (e)shall not apply to a person who is a non-Muslim, but such a
person shall have good moral reputation.
(IA) A person shall be disqualified from being
elected as, and from being, a member of an Assembly, if
(a) he is of unsound mind and has been so declared
by a competent court; or
(b) he is an un-discharged insolvent; or
(c) he ceases to be a citizen of
(d) he holds an office of profit in the service of
(e) he is in the service of any statutory body or
any body which is owned or controlled by the Government or in which the
Government has a controlling share or interest; or
(f) being a citizen of Pakistan by virtue of
section 14B of the Pakistan Citizenship Act, 1951 (11 of 1951),he is for the
time being disqualified under any law in force in Azad Jammu and Kashmir from
being elected as a member of the Legislative Assembly of Azad Jammu and
Kashmir; or
(g) he is propagating any opinion, or acting in any
manner, prejudicial to the Ideology of Pakistan, or the sovereignty, integrity
or security of Pakistan, or morality, or the maintenance of public order, or
the integrity or independence of the judiciary of Pakistan, or which defames or
brings into ridicule the judiciary or the Armed Forces of Pakistan, or
46[(h) has been convicted by a court of competent
jurisdiction on a charge of corrupt practice, moral turpitude or misuse of
power or authority under any law for the time being in force; or
(i) has been dismissed from the service of Pakistan
or service of a corporation or office set up or controlled by the Federal
Government, Provincial Government or a local government on grounds of
misconduct or moral turpitude; or
(j) has been removed or compulsorily retired from
the service of Pakistan or service of a corporation or office set up or
controlled by the Federal Government, Provincial Government or a local
government on grounds of misconduct or moral turpitude; or ]
(k) he has been in the service of Pakistan or of
any statutory body or any body which is owned or controlled by the Government
or in which the Government has a controlling share or interest, unless a period
of two years has elapsed since he ceased to be in such service; or
(l) he is found guilty of a corrupt or illegal
practice under any law for the time being in force, unless a period of five
years has elapsed from the date on which that order takes effect; or
(m) he has been convicted under section 7 of the
Political Parties Act, 1962 (III of
1962),unless a period of five years has elapsed from the date of such
conviction; or
(n) he, whether by himself or by any person or body
of persons 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 contract or for 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;
(ii) where the contract has been entered into by or
on behalf of a public company as defined in the Companies Ordinance, 1984 (XLV
II of 1984),of which he is a shareholder but is not a director holding an
office of profit under the company; or
(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; or
Explanation.-In this section “goods” does not
include agricultural produce or commodity grown or produced by him or such
goods as he is, under any directive of Government or any law for the time being
in force, under a duty or obligation to supply;
(o) he holds any office of profit in the service of
offices, namely:
(i) an office which is not whole time office
remunerated either by salary or by fee;
(ii) the office of Lumbardar, whether called by
this or any other title;.
(iii) the Qaumi Razakars;
(iv) any office the holder whereof, by virtue of
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; or
(p) having, whether by himself or by any person in
trust for him or for his benefit or on his account, any share or interest in a
contract for
(i) the supply of goods to, or
(ii) the execution of any work, or the performance
of any service, undertaken by, the Government, or a local authority or an
autonomous body in which the Government has a controlling share or interest, he
does not, after his election as a member but within thirty days of his making
oath as such make a declaration in writing to the Commission that he has such
share or interest, unless a period of five years has elapsed since his failure
to do so; or
(q) being a managing agent, manager or secretary
of, or holding 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, he does not, after his election as a member but
within thirty days of his making oath as such, make a declaration in writing to
the Commissioner that he is such managing agent, manager or secretary, or holds
such office, unless a period of five years has elapsed since his failure to do
so; or
47[(r) has been convicted and sentenced to
imprisonment for having absconded by a competent court under any law for the
time being in force; or
(s) has obtained a loan for an amount of two
million rupees or more, from any bank, financial institution, cooperative
society or cooperative body in his own name or in the name of his spouse or any
of his dependents, which remains unpaid for more than one year from the due
date, or has had such loan written off; or
(t) he or his spouse or any of his dependents is in
default in payment of government dues or utility expenses, including telephone,
electricity, gas and water charges of an amount in excess of ten thousand
rupees, for over six months, at the time of filing of nomination papers of such
person.]
Explanation l.-In this sub-section, service of
(2) If a person, having been elected to an Assembly
as a candidate or nominee of a political party, withdraws himself from that
party, he shall, from the date of such withdrawal, be disqualified from being a
member of the Assembly for the unexpired period of his term unless he has been
re-elected at a bye election held after his disqualification.
100. Disqualification on account of certain
offences.–(1)where a person has been convicted for having exceeded the limit of
election expenses laid down by section 49 or having failed to file the return
of election expenses in accordance with section 50 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.
(2) Where a person has been convicted for an
offence punishable under section 171 J of the Pakistan Penal Code (Act XLV of
1860), he shall be disqualified for a period of seven years from being, or
being elected as, a member of an Assembly.
101. Disqualifications for being election agent.–Any person who
is for any period disqualified under section 100 for being, or being elected
as, a member of an Assembly shall also stand disqualified for that period for
being appointed as an election agent.
102. 48[****] Omitted.
CHAPTER X
MISCELLANEOUS
103. Commission to ensure fair election, etc.-Save as
otherwise provided, the Commission may
(a) stop the polls 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 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.
103A. Power of Commission to punish for contempt.–The Commission
shall have the same power as the High Court has to punish any person for
contempt of court and the Contempt of Court Act, 1976 (XLIV of 1976), 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.
103AA. Power of 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 summary inquiry as it may deem necessary, the
Commission is satisfied that, by reason of grave illegalities or violation of
the provisions of this Act or the rules, the poll in any constituency ought to
be declared void, the Commission may make a declaration accordingly and, by
notification in the official Gazette, call upon that constituency to elect a
member in the manner provided for in section 108.
(2) Notwithstanding the publication of the name of
a returned candidate under sub-section (4) of section 42, 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 a decision of a
Tribunal.
(3) While exercising the powers conferred on it by
sub-section (1), the Commission shall be deemed to be a Tribunal to which an
election petition has been presented and shall, notwithstanding anything
contained in Chapter VII, regulate its own procedure.
103B. 49[****] Omitted.
104. 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.
105. 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, the Commissioner, a Returning Officer, Presiding
Officer or an Assistant Presiding Officer or any decision given by any of them
or any other officer or authority appointed under this Act or the rules.
106. 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 there under.
107. Power to make rules.–The Commission
may with the approval of the President, make rules for carrying out the
purposes of this Act.
108. Bye-elections, etc.–(1) When the
seat of a member becomes vacant, the Commissioner shall, by notification in the
official Gazette, call upon the constituency concerned to elect a person to
fill the seat for such constituency before such date as may be specified in the
notification, and thereupon the provisions of this Act and the rules shall
apply, as far as may be to the election to fill such seat:---
Provided that, notwithstanding anything contained
in subsection ‘(1) of section 11, the days for the several stages of an
election shall be such as may be specified in the aforesaid notification.
(2) For the purpose of holding an election to fill
a casual vacancy in an Assembly, and, during the period when a Commission does
not stand constituted for the purpose of section 107, reference in this Act to
the Commission shall be construed as reference to the Commissioner.
109. Repeal.–The National and Provincial
Assemblies (Election) Ordinance, 1970 (XIII of 1970) and the National and
Provincial Assemblies (Elections to Reserved Seats) Act, 1976 (XVIII of
1976),are hereby repealed in their application to the elections to which this
Act applies.
Footnotes
————————————————————————————————————
1. Section 2 of the Representation of the People (Amendment) Ordinance, 2002
(XXXVI of 2002), substituted sub-section 4 of section 8 of the Act, in its
present form, (w.e.f July 31, 2002).
2. Section 3 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), also inserted the said words in
section 9 of the Act, (w.e.f July 31, 2002).
3-4. Section 4 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the said words in section
11 of the Act, (w.e.f July 31, 2002).
5. Section 3(b) of the Representation of the People
(Amendment) Act, 1991, omitted clause (c) of section 11 of the Act, (w.e.f June
18, 1991).
6. Section 4 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the said word in clause
(e) of section 11 of the Act, (w.e.f July 31, 2002).
7. Section 5 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), substituted sub-section 2 of
section 12 of the Act, in its present form, (w.e.f July 31, 2002).
8. Section 2 of the Representation of the People
(Third Amendment) Ordinance, 2002, (XXVIII of 2002), omitted paragraph (b) of
sub section (2) of section 12 of the Act, (w.e.f July 10, 2002).
9. Section 2 of the Representation of the People
(Fourth Amendment) Ordinance, 1985 (VIII of 1985), omitted sub section (5) of
section 12 of the Act, (w.e.f. January 20,1985).
10. Section 5 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), added sub section 8 to section 12
of the Act, (w.e.f July 31, 2002).
11. Section 6 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the said words in sub
section (1) of section 14 of the Act, and added the proviso thereto,(w.e.f.
July 31, 2002).
12. Section 6 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the said words in sub
section (1) of section 14 of the Act, and added the proviso thereto, (w.e.f.
July 31, 2002).
13. Section 6 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the said words after the
word “objection ” in sub section (3) to section 14 of the Act and after words
“complied with ” in clause (c) of the said sub section, (w.e.f. July 31, 2002).
14. Section 6 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), added clause (1a) to sub section
(3) of section 14 of the Act, (w.e.f. July 31, 2002).
15. Section 6 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), also inserted sub section (3A) in
section 14 of the Act, (w.e.f. July 31, 2002).
16. Section 6 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted sub section (5A) in
section 14 of the Act, (w.e.f. July 31, 2002).
17. Section 8 of the Representation of the People
(Amendment) Ordinance, 1985 (II of 1985), omitted section 14A of the Act,
(w.e.f. January 12, 1985).
18. Section 3 of the Representation of the People
(Third Amendment) Ordinance, 2002, inserted section 20A in the Act, (w.e.f.
August 22, 2002).
19. Section 3 of the Representation of the People
(Amendment) Ordinance, 1984 (XLIX of 1984), omitted sub section (3) of section
21 of the Act, (w.e.f. October 27, 1984).
20. Section 3 of the Representation of the People
(Amendment) Ordinance, 1984 (XLIX of 1984), omitted sub section (4) of section
21 of the Act, (w.e.f. October 27, 1984).
21. Section 9 of the Representation of the People
(Amendment) Act, 1991 (IX of 1991), omitted the proviso to sub section (1) of
section 23 of the Act, (w.e.f. June 18, 1991).
22. Section 10 of the Representation of the People
(Amendment) Act, 1991 (IX of 1991), inserted the said words in sub section (1)
of section 33 of the Act, (w.e.f. June 18, 1991).
23. Section 10 of the Representation of the People
(Amendment) Act, 1991 (IX of 1991), omitted clause (a) of sub section (2) of
section 33 of the Act, (w.e.f. June 18, 1991).
24. Section 7 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the said words in clause
(a) of sub section (3) to section 33 of the Act, (w.e.f. July 31, 2002).
25. Section 7 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), omitted clause (b) of sub section
(3) of section 33 of the Act, (w.e.f. July 31, 2002).
26. Section 8 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted sub section (3A) in
section 42 of the Act, (w.e.f. July 31, 2002).
27. Section 8 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the proviso to sub
section (4) to section 42 of the Act, (w.e.f. July 31, 2002).
28. Section 9 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted section 42A in the Act,
(w.e.f. July 31, 2002).
29. Section 10 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), substituted Chapter V-A, (i.e.
section 47A) of the Act, (w.e.f. July 31, 2002).
30. Section 11 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), added sections 48,49,50 and 51 to
the Act,(w.e.f. July 31, 2002).
31. Section 12 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted sub section (1A) in
section 67 of the Act, (w.e.f. July 31, 2002).
32. Section 13 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), added section 76A to the Act,
(w.e.f. July 31, 2002).
33. Section 14 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted clause (1) in section 78
of the Act, (w.e.f. July 31, 2002).
34. Section 14 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), added the said words at the end of
sub section (3) of section 78 of the Act and added the said word at the end of
clause (c) and a new clause (d) thereto, (w.e.f. July 31, 2002).
35. Section 14 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), omitted the word “or ” at the end
of clause (b) of sub section (3) of section 78 of the Act, (w.e.f. July 31,
2002).
36. Section 4 of the Representation of the People
(Third Amendment) Ordinance, 2002, (XLV of 2002), inserted section 82A, in the
Act, (w.e.f. August 22, 2002).
37. Section 15 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted clause (a) in sub section
(1) of section 83 of the Act, (w.e.f. July 31, 2002).
38. Section 15 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the said words in sub
section (2) of section 83 of the Act, (w.e.f. July 31, 2002).
39. Section 16 of the Representation of the People
(Amendment) Ordinance,2002 (XXXVI of 2002), inserted section 83A to the Act,
(w.e.f. July 31, 2002).
40. Section 5 of the Representation of the People
(Third Amendment) Ordinance, 2002 (XLV of 2002), inserted the said word and
figure in paragraph (a)of section 86A of the Act,(w.e.f. August 22, 2002).
41. Section 17 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the said word figure and
comma in paragraph (a) of section 86A of the Act, (w.e.f. July 31, 2002).
42. Section 6 of the Representation of the People
(Third Amendment) Ordinance, 2002 (XLV of 2002), inserted the said word and
figure in sub section (1) of section 94 of the Act, (w.e.f. August 22, 2002).
43. Section 18 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted sub sections (2) and (3)
in section 94 of the Act, (w.e.f. July 31, 2002).
44. Section 19 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), substituted clause (b) of sub
section (1) of section 99 of the Act, (w.e.f. July 31, 2002).
45. Section 19 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), inserted clause (cc) in sub
section (1) of section 99 of the Act, (w.e.f. July 31, 2002)
46. Section 19 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), substituted clauses (h), (i) and
(j) of sub section (1A) of section 99 of the Act, (w.e.f. July 31, 2002).
47. Section 19 of the Representation of the People
(Amendment) Ordinance, 2002 (XXXVI of 2002), substituted semi colon and word
“or “, in place of the full stop, at the end of clause (q) of sub section (1A)
of section 99 and added clauses (r), (s) and (t) thereto, (w.e.f. July 31,
2002).
48. Section 24 of the of the Representation of the
People (Amendment) Act, 1991, omitted section 102 to the Act, (w.e.f. June 18,
1991).
49.
Section 3 of the Representation of the People (Second Amendment) Ordinance,(XV
of 1977) inserted section 103B in the Act, (w.e.f. March 21,1977). Thereafter
section 3 of the Representation of the People (Third Amendment) Ordinance, 1977
(XVI of 1977), added sub section 3 thereto, (w.e.f. March 30, 1977). By
Notification P.O. No. F 24(8)/72-Pub., the Representation of the People (Second
Amendment) Ordinance, 1977 was withdrawn. As a consequence of the withdrawal of
the said Ordinance section 103B was omitted, (w.e.f. May 12, 1977).
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