Updated: Friday May 20, 2016/AlJumaa
Sha'ban 13, 1437/Sukravara
Vaisakha 30, 1938, at 08:14:19 PM
The Senate
(Election) Act, 1975
1ACT No. LI OF 1975
An Act to provide for the
conduct of election to the Senate
[2nd July 1975]
WHEREAS it is expedient to
provide for the conduct of election to the Senate and for matters connected
therewith or incidental thereto;
It
is hereby enacted as follows:---
1. Short title and
commencement.- (1) This Act may be called the
Senate (Election) Act, 1975.
(2) It shall come into force at
once.
2. Definitions.- (1) In this Act, unless there is anything repugnant in the subject
or context,---
(a) ”bye-election” means an election
to fill a casual vacancy referred to pan section 77;
(b) ”candidate” means a person
proposed as a candidate for election as a member;
(c) ”Chairman” means Chairman of the
Senate;
2[(cc) ”Commission” means the Election
Commission;
(ccc) ”Commissioner” mean the Chief
Election Commissioner.]
(d) ”contesting candidate” means a
candidate who has been validly nominated for election as a member and has not
withdrawn his candidature;
(e) ”election” means an election to
the Senate other than a bye-election and includes an election to fill the seat
of a member which falls vacant on the expiration of his term;
(f) ”election petition” means an
election petition made under section 34;
(g) ”electoral roll” means an
electoral roll prepared under the law relating to the preparation and revision
of electoral rolls for the time being in force;
1For Statement of Objects and
Reasons, see Gaz. of P., 1975, Ext., Pt.III, p.619.
The Act has been applied to the Federally Administered Tribal
Areas with certain modifications by S.R.O. 746(I)/75, dated the 7th July, 1975, see Gaz. of P., 1975,
Ext., Pt.II, p. 1365.
2Ins. by Ord.50 of 02,s.2.
(h) ”member” means member of the
Senate;
(i) ”nomination day” means the day
appointed under section 10 for the nomination of candidates;
(j) ”polling day” means the day on
which poll is taken for an election;
(k) ”Polling Officer” means a
Polling Officer appointed under section 7;
(l) ”prescribed” means prescribed by
rules;
(m) ”returned candidate” means a
candidate who has been declared elected as a member under this Act;
(n) ”Returning Officer” means a
Returning Officer appointed under section 5 and includes a Polling Officer
acting as, or performing the functions of, Returning Officer;
(o) ”rules” means rules made under this Act;
(p) ”scrutiny day”s means the day
appointed under section 10 for the scrutiny of nomination papers;
(q) ”voter”, means in relation to a
Province, a person, who is a member of the Provincial Assembly of that Province;
and
(r) ”withdrawal day” means the day
appointed under section 10 on or before which candidature may be withdrawn.
(2) Words and expressions used
but not defined in this Act and also used in the Constitution shall, unless the
context otherwise requires, have the meanings assigned to them in the
Constitution.
CHAPTER II-ADMINISTRATIVE
MACHINERY FOR
THE CONDUCT OF ELECTIONS
3. Organisation and conduct of
election. Subject to the provisions of
this Act and the rules, the Commissioner shall regulate the procedure for
organizing, and conducting an election in such manner as he may deem fit.
4. Delegation of powers. The Commissioner may authorise any of the officers subordinate to
him to exercise and perform all or any of his powers and functions under this
Act.
5. Returning officers. For the purposes of an election, the Commissioner shall appoint a
Returning Officer for each Province.
6. Polling Stations. The Commissioner shall provide a polling station for, the purpose
of electing members by the members of a Provincial Assembly.
7. Polling Officers. The Commissioner shall, for the purpose of conducting an
election, also appoint such number of Polling Officers to assist the Returning
Officer as he may consider necessary.
8. Duties and powers of
Returning Officer. (1) A Returning Officer shall
conduct the poll in accordance with the provisions of this Act and the rules
and shall exercise all necessary powers for maintaining order at the polling
station and shall report to the Commissioner any fact or incident which may, in
his opinion, affect the conduct or fairness of the poll.
(2) The Returning Officer may,
during the course of the poll, entrust to any Polling Officer such of his
functions as may be specified by him and it shall be the duty of the Polling
Officer to perform the functions so entrusted.
(3) The Returning Officer shall
authorise one of the Polling Officers to act in his place if he is, at any time
during the poll, by reason of illness or other cause, not present at the
polling station or is unable to perform his functions.
(4) The Returning Officer may,
at any time during the poll, for reasons to be recorded in writing, suspend any
Polling Officer and make such arrangements as he may consider necessary for
the performance of the functions of the Officer so suspended.
(5) 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.
9. Supply of list of voters. The Commissioner shall provide the Returning Officer with a list
of voters of the Province.
10. Notification for election.__(1) For the purpose of an
election, the Commissioner shall, by notification in the official Gazette, call
upon the members of the Provincial Assembly of a Province to elect such number
of members to the Senate from that Province as is specified in such notification.
(2) The Commissioner shall in
the same notification fix__
(a) a day for the nomination of
candidates;
(b) a day for the scrutiny of
nomination papers;
(c) a day on or before which
candidature may be withdrawn; and
(d) a day for the taking of the poll
and the place at which the poll shall be taken.
11. Nomination for election.__(1) A voter from a Province may
propose or second the name of any person qualified for election to the Senate
from that Province.
1[(2) Every nomination shall be
made by a separat3e nomination paper in the prescribed form 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 of the Constitution and is not subject to any of the
disqualifications specified in Article 63 thereof or nay other law for the time
being in force for being elected as member;
(b) a declaration about his party
affiliation, if any;
(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 inn 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 dependent or a business concern mainly owned 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
month, at the time of filling of nomination paper.
(e) a statement specifying his
educational qualification, 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 of finance obtained or written off onn 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.
1Subs. by Ord. 82 of 02,s.2.
(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 that recovery of which has been stayed of suspended by any
order of a Court or tribunal;
(iv) ”government dues and utility
charges” shall, interalia, include rent, charges
of rest houses or lodges owned by the Federal Government, Provincial
Government, 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.]
1[(3) Every nomination paper
shall be delivered by the candidate in person to thhe Rerurning Officer who
shall amknowledge receipt of the nomination paper specifying the date and time
of receipt.]
(4) A person may be nominated by
more than one nomination papers.
(5) Every proposal shall be
accompanied by a certified copy of the relevant extract from the electoral roll
in which the name of the person nominated is enrolled.
1[(6) 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 by prescribed.]
12. Deposit.- (1) Subject to the provisions of subsection (2), no nomination
paper delivered under section 11 shall be accepted unless,---
(a) a sum of two thousand rupees is
deposited in cash by the candidate or by any person on his behalf at the time
of its delivery; or
(b) it is accompanied by a receipt
showing that a sum as aforesaid has been deposited by the candidate or by any
person on his behalf at any branch of the National Bank of
(2) Not more than one deposit
under subsection (1) shall be required in the case of a person who has been
nominated as a candidate by more than one nomination paper.
13. Scrutiny.- (1) The candidates, their proposers and seconders, and an agent
authorised in writing in this behalf by each candidate, may attend the scrutiny
of the nomination papers, and the Returning Officer shall give them reasonable
opportunity for examining all nomination papers delivered to him under section
11.
1Subs. by Ord. 82 of 02,s.2.
(2) The Returning Officer shall,
in the presence of the persons attending the scrutiny under subsection (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, conduct such summary inquiry as
he may think fit and reject any 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 11 or
section 12 has not been complied with 1[or
submits any false or incorrect declaration or statement in any material
particular]; or
(d) the signature of the proposer or
seconder is not genuine;
Provided that,---
(i) the rejection of a nomination
paper shall not invalidate the nomination of a candidate by any other valid
nomination paper;
(ii) the Returning officer shall not
reject a nomination paper on the ground of any defect which is not of a
substantial nature and may allow any such defect to be remedied forthwith; and
(iii) the Returning Officer shall not
inquire into the correctness or validity of any entry in the electoral roll.
1[(3A) The Returning Officer may,
for the purpose of scrutiny, require any agency or authority to produce any
document or record.
(3B) 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 a brief statement of the reasons
therefor.
1Added and Ins. by Ord.50 of
02, s.4.
[(5) Where the nomination of a
candidate has been rejected under this section by a Returning Officer, an
appeal shall lie, within two days of the scrutiny day, to the Commissioner 2[or
a member of the Commission authorized by the Commissioner]; and any order
passed by the Commissioner 2[or
such member as the case may be] on such appeal3[,after
affording to the person referred to in sub-section (1) an opportunity of being
heard,] shall be final.]
2[ Provided that where a
nomination paper is rejected by the Returning Officer on the ground that the
candidate is defaulter of loan or taxes or government dues or utility charges
or has had the loan written off and the candidate pays such loan or , as the
case may be, taxes, government dues or utility charges or the written off own
on or before the last date fixed for disposal of appeals and satisfied the
Member of the Election Commission that such payment has been made, his
nomination shall be treated as having been accepted on that ground.
(6) If the member of the
Commission referred to in sub-section (5), is on the basis of information or
material coming to his knowledge from any source, satisfied that a candidate
whose nomination paper has been accepted is-
(a)
a defaulter of loans, taxes, government dues or utility charges or has had any
loan written off or is subject to any other disqualification from being elected
as member of Senate, he may, on his own motion, call upon such candidate ot
show cause why his nomination should not be rejected, and if he is satisfied
that the candidate is defaulter as aforesaid or has had a loan written off or
is subject to any disqualification, he may reject his nomination paper.]
14. Publication of the list of
candidates.- (1) The Returning Officer shall,
after the scrutiny of nomination papers, prepare and publish in the prescribed
manner a list of candidates who have been validly nominated.
(2) In case an appeal against
rejection of a nomination paper is accepted by the Commissioner. the list of
validly nominated candidates shall be revised, accordingly.
15. Withdrawals.- (1) Any validly nominated candidate may, by notice in writing
signed by him and delivered on or before the withdrawal day to the Returning
Officer either by such candidate in person or by an agent authorised by him in
writing in this behalf, withdraw his candidature.
(2) A notice of withdrawal under
subsection (1) shall, in no circumstances, be open to recall or cancellation.
(3) On receiving a notice of
withdrawal under subsection (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 some conspicuous place in his office.
1Sub-section (5) which was
reviously amended by Ord. 17 of 1985, s.2 has been subs. by Senate (Election)
(Amdt.) Act, 1986 (5 of 1986),s.2.
2Added by Ord.50 of 02,s.4.
3Ins. by Senate (Election)
(Amdt.) Act, 1992 (24 of 1992),s.2.
(4) The Returning Officer shall,
on the day next following the withdrawal day, prepare and publish in the
prescribed manner a list of contesting candidates and forward a copy thereof
to each such candidate, giving public notice of the date, hour and place of the
poll.
16. Death of a candidate after
nomination.- (1) If a validly nominated
candidate who has :not withdrawn his candidature dies before the completion of
the proceedings relating to the election, the Returning Officer shall, by
public notice, terminate such proceedings and make a report to the Commissioner.
(2) Where the proceedings
relating to an election have been terminated under subsection (1), fresh
proceedings shall be commenced in accordance with the provisions of this Act as
if for a new election.
17. Postponement etc., under
certain circumstances. Where the proceedings relating
to nomination, scrutiny or withdrawal cannot, for reasons beyond the control of
the Returning officer, take place on the day appointed therefor, be may
postpone or adjourn such proceedings and shall, with the approval of the
Commissioner, by public notice fix another day for the proceedings so
postponed or adjourned and, if necessary, also the day or days for any
subsequent proceedings.
18. Uncontested election.__(1) Where after scrutiny under
section 13 or withdrawal under section 15, the number of validly nominated
candidates or, as the case may be, the contesting candidates from a Province is
less than or equal to the number of seats to be filled for that Province, the
Returning Officer shall, by public notice declare such candidates to be elected
to the seats and send a return of election to the Commissioner;
Provided that, if after scrutiny
any candidate indicates that he intends to file an appeal under subsection (5)
of section 13 against the rejection of his nomination paper, no person shall be
declared elected uncontested until the period for filing such appeal has
expired and no such appeal has been filed, or where an appeal is filed, until
tine disposal of such appeal.
(2) The Commissioner, shall
publish in the official Gazette the names of the returned candidates.
(3) Where the number of
candidates declared elected under subsection (1) is less than the number of
seats to be filled, fresh proceedings shall be commenced in accordance with the
provisions of this Act as if for a new election, to fill the seat or, as the
case may be, seats remaining vacant.
19. Contested election. If after withdrawals, if any, the number of candidates exceeds the
number of seats, the Returning Officer shall, on the appointed day, conduct the
poll, after giving a notice thereof to the contesting candidates.
20. Hours of poll. The Returning Officer shall, subject to any direction of the
Commissioner, fix the hours during which the poll shall be taken and give
public notice of the hours so fixed.
21. Absence of candidates, etc.,
not to invalidate acts, etc. Where any act or thing is
required or authorised by this Act to be done in the presence of a candidate or
an agent authorised by him in writing in this behalf, 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.
22. Adjourned poll.- (1) If at any time the poll is interrupted or obstructed for
reasons beyond the control of the Returning Officer, he may stop the poll and,
when he so stops the poll, shall inform the Commissioner of his having done so.
(2) Where a poll is stopped
under subsection (1), the Returning Officer shall, immediately report the
circumstances to the Commissioner and as soon as may be, appoint, with the
approval of the Commissioner, a day for a fresh poll and fix the place at
which, and the hours during which, such fresh poll shall be taken.
(3) All voters shall be allowed
to vote at the fresh poll taken under sub- section (2) and no vote cast at the
poll stopped under subsection (1) shall be counted.
23. Voting procedure.- (1) All voters shall be entitled to vote at an election.
(2) No vote shall be given by
proxy.
(3) Each voter shall have only
one transferable vote irrespective of the number of seats to be filled.
(4) A voter shall cast his vote in
the prescribed manner.
(5) The ballot papers shall be
in such form as the Commissioner may specify.
(6) The polls shall be by secret
ballot.
24. Proceedings at the close of
poll.- (1) Immediately after the close
of poll, the Returning Officer shall proceed with the counting of votes in the
prescribed manner.
(2) On the completion of
counting, the Returning Officer shall prepare and certify a return of the
election and submit the same to the Commissioner in the prescribed manner.
1[(3) Every returned candidate
shall, within five days from the date of election, submit return of election
expenses inn accordance with the provision of section 29.]
1[25. Declaration of result of
election. On the receipt of the returns of
the election under subsection (3) of section 24, the Commissioner shall publish
in the official Gazette the names of returned candidates:---
1Added by Ord. 50 of 02, s.5.
2Subs., Ins and added by Ord.
50 of 02, ss.6-9.
Provided that the name of a
candidate shall not be published who fails to submit th return of election
expenses as required by sub-section (3) of section 24.]
25A. Yearly submission of
statement of assets and liabilities.__ (1) Every member shall in the
prescribed form, submit a statement of assets and liabilities of his own, his
spouse and dependents annually to the Commissioner 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
Gazettee and copies thereof can be obtained on payment of prescribed fee.
(3) The Commission 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 under section 62 for
committing the offences of corrupt practice.
26. Return or forfeiture of
deposit.- (1) After the termination of the
proceedings relating to an election under section 16 where the proceedings
have been so terminated. or after the declaration of result of an election
under section 18 or section 25, the deposit made under section 12 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 for whom no voter
has either voted or indicated any preference.
(2) A deposit which is not required
to be returned under subsection (1), shall be forfeited to the Federal
Government.
27. Election expenses. In this Chapter, “election expenses” means any expenditure
incurred 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 expenditure .on
account of issuing circulars or publications or otherwise presenting to the
voters the candidate or his views, aims or objects, but does not include the
deposit made under section 12.
28. Restriction on election
expenses.__(1) No person shall, except to
the extent provided in subsection (2), make any payment whatsoever towards the
election expenses of a candidate except to such candidate.
(2) No person other than a
candidate shall incur any election expenses of the candidate:---
Provided that any person may, if
so authorised by a contesting candidate in writing specifying a maximum amount,
to the extent of such amount, make payment for stationery, postage, telegram
and other petty expenses.
(3) The election expenses of a
contesting candidate shall not exceed 1[one
million and five hundred] rupees.
1[(4) a Candidate by a statement,
explain the particulars of any election expense supported by receipts and
voucher of payments made thereof, except where the amount is less than five
hundred rupees.]
29. Return of election expenses.__(1) Every contesting candidate 1[other
than a returned candidates] shall, within thirty days after the publication of
the name of the returned candidates under section 18 or section 25, submit to
the Returning Officer a return of election expenses in the prescribed form
containing,---
(a) a statement of all payments made
by the contesting candidate together with all the bills and receipts;
(b) a statement of all disputed
claims, if any, of which the contesting candidate is aware;
(c) a statement of all unpaid
claims, if any, of which the contesting candidate is aware; and
(d) a statement of all moneys,
securities or equivalent of money received from any person for the purpose of
election expenses specifying the name of every such person.
(2) The return submitted under
subsection (1) shall be accompanied by an affidavit sworn by the contesting
candidate.
30. Inspection of returns, etc.__(1) The return and documents
submitted under section 29 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 fee.
(2) The Returning Officer shall,
on an application made in this behalf and on payment of the prescribed fee,
give any person copies of any return or document kept under subsection (1) or
of any part thereof.
CHAPTER V.__ ELECTION DISPUTES
31. Election not to be
questioned except by election petition or appeal.- (1) Save as provided in section
32, no election shall be called in question except by an election petition
under section 34.
(2) No question that can be
settled in an appeal under section 32 shall be raised by an election petition
or before any Court or authority whatsoever, nor shall any question that can be
raised by an election petition be raised before any Court or authority other
than an Election Tribunal.
1Subs. Ins. and added by Ord.
50 of 02, ss.6-9.
32. Appeal against count.__(1) A contesting candidate who
is aggrieved by any proceedings under section 24 relating to the count may
prefer an appeal challenging the count to the Commissioner.
(2) An appeal under subsection
(1) may be made by tile candidate in person, or through a person authorised in
writing by the candidate in this behalf, within three days next following the
date of the completion of the count under section 24.
(3) The appeal shall be
addressed to the Commissioner and shall be filed with the Commissioner or with
the Secretary, Election Commission.
(4) The appeal shall be in the
form of a memorandum which shall state the grounds for such appeal and shall be
accompanied by as many copies thereof as the number of contesting candidates at
an election.
(5) The Commissioner may, after
giving the parties concerned an opportunity of being heard,---
(a) dismiss the appeal; or
(b) if he does not dismiss the
appeal, determine the result of the election on the count of valid votes as
corrected, after adjudicating upon the invalid votes, if any, and make such
consequential order as may be necessary.
(6) The decision of the Commissioner
on appeal under subsection (5) shall be final.
33. Commissioner to have certain
powers of a Court. For the purpose of the disposal
of an appeal under section 32, the Commissioner shall have the same powers as
are vested in a Court under the Code of Civil Procedure, 1908 (Act V of 1908),
when trying a suit in respect of the following matters, that is to say,---
(a) enforcing the attendance of any
person and examining him on oath;
(b) compelling the discovery and
production of documents, articles or things;
(c) issuing commissions for the
examination of witnesses;
(d) requiring the deposit of diet
and traveling expenses of witnesses;
(e) receiving evidence on affidavits;
(f) granting adjournments; and
(g) summoning and examining suo motu
any person whose evidence appears to be material.
34. Election petition. An election petition shall be presented to the Commissioner within
forty-five days of the publication of the result of the election in the
official Gazette and shall be accompanied by a receipt showing that the
petitioner has deposited a sum of two thousand rupees at any branch of the
National Bank of
Treasury or sub-Treasury in
favour of the Commissioner as security for the costs of the petition.
35. 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, if any, of any corrupt or illegal practice is made, and shall
serve personally or by registered post on each such respondent a copy of his
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 VI.
36. 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; or
(b) that the election of the
returned candidate ig 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.
37. Procedure on receipt of
petition by the Commissioner.- (1) The Commissioner shall return an election petition to the
petitioner if he finds that it has not been presented within the time specified
in section 34 or is not accompanied by a receipt of the deposit required to be
made under that section.
(2) If an election petition is
not returned under subsection (1) the Commissioner shall refer it for trial to
a Tribunal.
38. 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) A Tribunal shall consist of
a person who is a Judge of a High Court.
39. Power to transfer petition.- (1) 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 shall proceed with
the trial of the petition from the stage at which it is transferred:
Provided that the Tribunal to
which an election petition is so transferred may, if it thinks, fit, recall and
examine any of the witnesses already examined.
40. Place of trial. The trial of an election petition shall be held at such place of
places as the Tribunal may think fit.
41. Advocate-General to assist
the Tribunal. The Advocate-General for a
Province shall, if a Tribunal so requires, assist the Tribunal at the bearing
of an election petition in such manner as it may require.
42. 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.
43. Procedure before Tribunal.- 1[(1) Subject to the provisions
of this Act and the rules, every election petition shall be tried, as nearly as
may be, in accordance with the procedure laid down by the 2[Commissioner].]
* * * * * * *
(2) Subject to the provisions of
this Act, the 3[Qanun-e-Shahdat
Order, 1984 (P.O.No.X of 1984) (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 34, as it may think fit.
44. Dismissal of petition during trial.--The Tribunal shall dismiss an
election petition, if,---
(a) the provisions of section 35 or
section 36 have not been complied with; or
(b) the petitioner fails to make the
further deposit required under subsection (4) of section 4345. Powers of the Tribunal.- (1) 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 sections4[476]
480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898).
1Subs. by the Senate (Election)
(Amdt.) Act, 1985 (10 of 1985),s.2.
2Subs. by the Senate (Election)
(Amdt.) Act, 1986 (5 of 1986), s.3.
3Subs. by Ord. 51 of 02,s.10.
4Ins.by Act 10 of 1985, s.3.
(2) For the purpose of enforcing
attendance of witnesses, the local limit of the jurisdiction of the Tribunal
shall he the territories to which this Act extends.
46. 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 all election petition upon the ground that the
answer to such question way incriminate or tend to incriminate him or that it
may expose or tend to expose him to any penalty or forfeiture, but no witness
shall be required or permitted to state for whom he has voted at an election.
(3) A witness who answers truly
all questions which he is required to answer shall be entitled to receive a
certificate of indemnity from the Tribunal and an answer given by him to a
question put by or before the Tribunal shall not, except in the case of any
criminal proceeding for perjury in respect of his evidence, be admissible in
evidence against him in any civil or criminal proceedings.
(4) A certificate of indemnity
granted to any witness under subsection (3) may be pleaded by him in any Court
and shall be a full and complete defence to or upon any charge under Chapter
IX-A of the Pakistan Penal Code (Act XLV of 1860) or under this Act arising cut of the
matter to which such certificate relates but it shall not be deemed to relieve
him from any disqualification in connection with an election imposed by any
law for the time being in force.
(5) The reasonable expenses
incurred by any person in attending to give evidence may be allowed to him by
the Tribunal and shall, unless the Tribunal otherwise directs, be deemed to be
part of the costs.
47. 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 tile 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 or its intention
so to do anti has also deposited the security referred to in section 34.
(2) Every notice referred to in
subsection (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 all election petition.
48. 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 offer contesting
candidate to have been duly elected; or
(d) declaring the election as a
whole to be void.
1[(1A) The trial of the election
petition shall proceed day to day and the decision thereof shall be taken by
the Tribunal within four months form the date of its receipt from the
Commissioner:---
Provided that where the delay in
the proceeding is occasioned by any act or omission of a returned candidate or
any other person acting on his behalf the Tribunal may refer to the Commission
that such candidate may be declared to have ceased to perform the functions of
his office either till the conclusion of the proceeding or for such period as
the Commission may direct.]
(2) Save as provided in
subsection (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 on any question, whether of law or fact,
arising from the decision.
49. 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 by any other person with the
consent or connivance of the candidate.
(2) The election of a returned
candidate shall not be declared void on the ground,---
(a) that any corrupt or illegal
practice has been committed if the Tribunal is satisfied that it was not
committed by, or with the consent or connivance of
1Ins. by Ord. 50 of 02, s.11.
that candidate and that the
candidate 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.
50. 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.
51. Ground for declaring
election as a whole void. The Tribunal shall declare the
election as a whole to be void if it is satisfied that the result of the
election has been materially affected by reason of,---
(a) the failure of any person to
comply with the provisions of this Act or the rules; or
(b) the prevalence of extensive
corrupt or illegal practice at the election.
52. Other provisions relating to
Tribunal.- (1) An order of a Tribunal under
section 48 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.
53. Withdrawal of petition.- (1) An election petition may be withdrawn,---
(a) before a Tribunal has been
appointed, by leave of the Commissioner; and
(b) after a Tribunal has been
appointed, by leave of the Tribunal.
(2) Where leave is granted by
the Tribunal, the petitioner shall be ordered to pay the costs incurred by the
respondents to the election petition or such portion thereof as the Tribunal
may direct.
54. Abatement on death of
petitioner.- (1) An election petition shall
abate on the death of the petitioner or the sole survivor of several
petitioners.
(2) Where a petition abates
under subsection (1) after a Tribunal has been appointed, notice of the
abatement shall be given by, the Tribunal to the Commissioner.
55. 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.
56. 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 it may think fit.
1[56A. Additional powers of the
Tribunal.__ If a Tribunal is on the basis of any
material coming to its knowledge from any source or an information laid before
it, 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 the payment of loan, taxes, Government dues or utility charges or has
submitted a false or incorrect statement of assets and liabilities of his own,
spouse and dependents, under section 11, it may its own motion or otherwise,
call upon any such candidate to show cause why his election should not be
declared void and if it is satisfied that such candidate is defaulter or has
submitted false or incorrect declaration as aforesaid, it may without prejudice
to any order that may by 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,---
(i) declaration the election of the
returned candidate to be void; or
(ii) declaration the election or the
returned candidate to be void and any other contesting candidate to have been
duly elected.
(2) If on examining the material
or information referred to in sub-section (1) a Tribunal finds that there
appear reasonable grounds for believing that a returned candidate is a
defaulter or has submitted false or incorrect declaration referred to in
sub-section (1), it may, pending decision of the motion under sub-section (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 made unless the returned candidate has been
provided an opportunity or being heard.]
57. Order as to costs.- (1) The Tribunal shall, when making an order under section 48,
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 subsection (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 Commissioner 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 therefore by the person who made the deposit or by his legal
representative, be returned by the Commissioner to the person making the
application.
1Ins. by Ord.50 of 02,s.12.
(4) Any order for costs may be
enforced upon application in writing made to the principle civil Court of
original jurisdiction of the district in which the person from whom the costs
are to be recovered resides or owns property, as if such order were a decree
passed by the court:
Provided that no proceeding
shall be brought under this subsection except in respect of costs which have
not been recovered by an application under subsection (2).
58. Corrupt practice. A person is guilty of corrupt practice if he,---
(a) contravenes the provisions of
section 28;
1[(aa) files a false or incorrect
declaration or statement under sub-section (2) of section 11.]
(b) is guilty of bribery,
personation or undue influence;
(c) makes or publishes a false
statement,---
(i) concerning the personal
character of a candidate or any of his relations calculated to adversely
affect the election of such candidate or for 'the purpose of promoting or
procuring the election of another candidate, unless he proves that he had
reasonable grounds for believing, and did believe, the statement to be true; or
(ii) regarding the withdrawal of
candidate;
(d) calls upon or persuades any
person to vote, or to refrain from voting for any candidate on the ground that
he belongs to ,to a particular religion, Community, race, caste, sect or tribe;
(e) knowingly, in order to support
or oppose a candidate, lets, lends, employs, hires, borrows or uses any vehicle
or vessel for the purpose of conveying to or from the polling station any voter
except himself and members of his immediate family or
(f) causes or attempts to cause any
person present and waiting to vote at the polling station to depart with out
voting.
1Ins. by Ord. 50 of 02,s.13.
59. 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 with
drawing from, an election;
(2) gives offers or promises any
gratification to any person,---
(a) for the purpose of inducing,---
(i) a person to be, or to refrain
from being a candidate at an election.
(ii) a voter to vote, or refrain from
voting, at an election; or
(iii) a candidate to withdraw from an
election; or
(b) for the purpose of rewarding,---
(i) a person for having been, or for
having refrained from being, a candidate at an election;
(ii) a voter for having voted or
refrained from voting at an election; or
(iii) a candidate for having withdrawn
from an election.
Explanation.- In this section “gratification” includes a gratification in money
or estimable in money and all forms of entertainment or employment.
60. 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.
61. Undue influence. A person is guilty of undue influence if he,---
(1) in order to induce or compel
any person in to the or refrain from voting, or to offer himself as a
candidate, or to withdraw his candidate true, at an election, directly or
indirectly, by himself or is by another person on his behalf,---
(a) makes or threatens t o make use
of any force, violence or restraint;
(b) inflicts or threatens to inflict
any injury, damage, harm or loss;
(c) calls down or threatens to call
down divine displeasure or the displeasure of any saint or pir;
(d) gives or threatens to give any
religious sentence; or
(e) uses or threatens to use any
official influence or governmental patronage; or
(2) on account of any person
having voted or refrained from voting, or having offered himself as a
candidate, or having withdrawn his candidature, does any of the acts specified
in clause (1); or
(3) by abduction, duress or any
fraudulent device or contrivance,---
(a) impedes or prevents the free
exercise of the franchise by a voter; or
(b) compels, induces or prevails
upon any voter to vote or refrain from voting.
Explanation.- In this section, “harm” includes social ostracism or excommunication
or expulsion from any caste or community.
62. Penalty for corrupt
practice. Any person guilty of corrupt
practice shall be punishable with imprisonment for a term which may extend to 1[five]
years, or with fine which may extend to 1[one]
thousand rupees, or with both.
63. Illegal practice.- (1) A person is guilty of illegal practice if he,---
(a) fails to comply with the
provisions of section 29;
(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, is
disqualified from, voting;
(d) votes or applies for a ballot
paper for voting for more than once in the same polling station;
(e) removes a ballot paper from a
polling station during the poll; or
(f) knowingly induces or procures any
person to do any of the aforesaid acts.
(2) A person guilty of illegal
practice shall be punishable with 2[imprisonment
for a term which may extend to six months and fine which may extend to five
thousand rupees.]
64. 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 a Province, during
a period of forty eight hours ending at midnight following the conclusion of
the poll for any election in that Province.
(2) Any person who contravenes
the provisions of subsection (1) shall be punishable with rigorous imprisonment
for a term which may extend to six months, or with find which may extend to one
thousand rupees, or with both.
1Subs. by Ord. 50 of 2002,
s.14.
2Subs. by Ord. 50 of 02, s.15.
65. 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,---
(a) canvasses for votes;
(b) persuades any voter not to vote
at the election or for a particular candidate; or
(c) exhibits, except with the
permission of the Returning Officer and at a place reserved for the candidate
beyond the radius of one hundred yards of the polling station, any notice,
sign, banner or flag designed to encourage the voters to vote, or discourage
the voters from voting, for any contesting candidate.
66. 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,---
(a) uses, in such manner as to be
audible within the polling station, any gramophone, megaphone, loudspeaker or
other apparatus for reproducing or amplifying sounds;
(b) persistently shouts in such
manner as to be audible within the polling station;
(c) does any act which,---
(i) disturbs or causes annoyance to
any voter visiting a polling station for the purpose of voting, or
(ii) interferes with the performance
of the duty of a Returning Officer or a Polling Officer or any other person
performing any duty at a polling station; or
(d) abets the doing of any of the
aforesaid acts.
67. 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 paper in use for
the purpose of election; or
(iii) breaks any seal affixed in
accordance with the provisions of this Act or the rules;
(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, Polling
Officer or any other Officer or clerk on duty in connection with the election
who is guilty of an offence under subsection (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.
68. 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 one thousand rupees, or with both, if he,---
(a) interferes or attempts to
interfere with a voter when he records his vote;
(b) in any manner obtains or
attempts to obtain in a polling station information as to the candidate or
candidates for whom a voter is about to vote or mark his preferences or has
voted and marked his preferences; or
(c) communicates at any time any
information obtained in a polling station as to the candidate or candidates for
whom a voter is about to vote or mark his preferences or has voted and marked
his preferences.
69. Failure to maintain secrecy. A Returning Officer or Polling Officer, or any candidate or agent
of a candidate 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-
(1) fails to maintain or aid in
maintaining the secrecy of voting;
(2) communicates to any person
before the poll is closed, except for any purpose authorised by any law, any
information as to the official mark; or
(3) communicates any information
obtained at the counting of votes as to the candidates for whom any vote is
given or a preference is recorded on any particular ballot paper.
70. Officials not to influence
voters. A Returning Officer, Polling
Officer or any other officer or clerk on 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.
71. Breaches of official duty in
connection with election. A Returning Officer, Polling
Officer or any other person employed by any such officer in connection with his
official duties imposed by or under this Act or the rules is guilty of an
offence punishable with fine which may extend to one thousand rupees if he,
wilfully and without reasonable cause, commits breach of any such official
duty, by act or omission.
72. Assistance by Government
Servant. A person in the service of
73. Certain Bowers 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 66 if the Returning Officer directs him to so arrest
such person;
(ii) who, being removed from the
polling station by the Returning Officer, commits any offence at the polling
station;
(b) remove any notice sign banner,
Bag used in contravention of section 65; and
(c) seize any instrument or
apparatus used in contravention of section 66;
and take such steps, including
use of force, as may be reasonably necessary for preventing such contravention.
74. Certain offences
cognizable.- 1[(1)]Notwithstanding anything
contained in the Code of Criminal Procedure, 1898 (Act V of 1898), an offence
under section 58 or section 65 or subsection (1) of section 67 shall be a
cognizable offence.
1[(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 Judges ad appeal
against his order shall lie before a Division Bench of the High Court.
(3) Where a proceeding against a
person for being involved 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:---
1Renumbered and added by Ord.
50 of 02,s.163.
Provide that where such
complaint proves to be false, mala fide, 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.]
(a) he is of unsound mind has been
so declared by a competent court; or
(b) he is an undischarged 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 of anybody which is owned or controlled by the Government or in
which the Government has a controlling share or interests; or
(f) he being a citizen of Pakistan
by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II 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 or Pakistan, or which
defames or brings into ridicule the Judiciary or the Armed Force of Pakistan;
or
(h) he has been convicted by a court
of competent jurisdiction on a charge of corrupt practice, moral turpitude or
misuse of power or authority under any law for the time being in force; or
(i) he 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 local government on the
grounds of misconduct involving moral turpitude; or
(j) he has been removed or
compulsorily retired from the service of Pakistan or service of a corporation
of office set up or controlled by the Federal Government, Provincial Government
or a local government on the grounds of misconduct involving 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 of in which the Government has a controlling share of interest,
unless a period of two years has elapsed since he ceased to be in such service;
or
(l) 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 paragraph 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 deficed in the Companies
Ordinance, 1984 (XLCII 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 Article, “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 being in
force, under a duty or obligation to supply.
(m) he holds any office of profit in
the service of
(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
(n) he has been convicted and
sentenced to imprisonment for having absconded by a competent court under any
law for the time being in force; or
(o) he 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 trhe name of his
spuse or any of his dependents, which stands unpaid for more than one year from
the due date or has had such loan written off; or
(p) he or his spouse or any of his
dependents has defaulted in payment of government dues and utility charges,
including telephone electricity, gas and water charges of an amount in excess
of ten thousand rupees, for over six months; or
(q) he is for the time being
disqualified from being elected or chosen as a member of the Majlis-e-Shoora
(Parliament) or of a Provincial Assembly under the Constitution or any law for
the time being in force.]
75. Prosecution for offences by
(2) The Commissioner shall, if
he has reasons to believe that any offence specified in subsection (1) has been
committed, cause such inquiries to be made or prosecution to be instituted as
be may think fit.
75A. Court proceeding relating
to election expenses.__The Commissioner shall direct
the Returning Office to initiate proceeding in the appropriate court against
the person who contravenes the provisions of section 28 or fails to complex
with the provisions of section 29.
76. Limitation for prosecution
for corrupt or illegal practices. No prosecution for an offence under section 58 or section 65
shall be commenced except,---
(a) within six months of the
commission of the offence; or
(b) if the election at which the
offence was committed is subject to an election petition and the Tribunal has
made an order in respect of such offence, within three months of the date of
such order.
77. Casual vacancies.- 1[(1)] When, before the
expiration of the term of office of a member elected to the Senate, his seat
becomes vacant or is declared vacant or his election to the Senate is declared
void, the Commissioner shall, by notification in the official Gazette, call
upon the elected members of the Provincial Assembly by the members of which the
member was elected to elect a person for the purpose of filling the vacancy so
caused before such date as may be specified in the notification; and the
provisions of this Act and of the rules shall apply, as far as may be, in
relation to the election of a member to fill such vacancy.
1[(2) When the seats of two or
more members who were elected to tHe Senate by the same Provincial Assembly and
whose term of office was due to expire on the same day become vacant simultaneously,
elections to fill such seats may be held together.]
1Re-numbered and added by the
Senate (Election) (Amdt.) Ordinance, 1977 (17 of 1977), s.2.
CHAPTER VIII---DISQUALIFICATIONS
78. Disqualification. A person shall be disqualified from being elected as and from
being, a member of the Senate, if,---
1[(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 anybody which is owned or controlled
by the Government or in which the Government has a controlling share or
interests; or
(f) he being a citizen of Pakistan
by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II 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 or Pakistan,
or which defames or brings into ridicule the judiciary or the Armed Forces of
Pakistan; or
(h) he has been convicted by a Court
of competent jurisdiction on a charge of Corrupt practice, moral turpitude or
misuse of power or authority, under any law for the time being in force; or
(i) he 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 the
grounds of misconduct involving moral turpitude; or
(j) he 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 the grounds of misconduct involving moral turpitude:
or
(k) he has been in the service of
Pakistan or of any statutory body or anybody which is owned or controlled by
the Government or in which the Government has a controlling share of interest,
unless a period of two years has elapsed since he ceased to be in such service;
or
1Subs. by Ord. 50 of 2002,
S.18.
(l) 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 paragraph 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 (XLVII 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 interests; or
Explanation.--In this Article “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.
(m) he holds any office of profit in
the service of
(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
(n) he has been convicted and
sentenced to imprisonment for having absconded by a competent Court under any
law for the time being in force: or
(o) he 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 stands unpaid for ore than one year from
the due date or has had such loan written off; or
(p) he or his spouse or any of his
dependents has defaulted in payment of Government dues and utility charges,
including telephone electricity, gas and water charges of an amount in excess
of ten thousand rupees, for over six months; or
(q) he is for the time being
disqualified from being elected or chosen as a member of the Majlis-e-Shoora
(Parliament) or of a Provincial Assembly under the Constitution or any law for
the time being in force.”
Explanation.- For the avoidance of doubt, it is hereby declared that a Judge of
the Supreme Court or a High Court the Auditor-General and are Advocate-General
are persons holding office of profit in the service of Pakistan.
79. Disqualification on account
of certain offences.- 1[(1)] Where a person has been
convicted for having exceeded the limit of election expenses laid down by
section 28 or having failed to file the return of election expenses in accordance
with section 29 or for any other offence under this Act, not being an offence
for which he has been sentenced to imprisonment for a term of not legs than two
years, 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 the Senate.
1[(2) Where a person has been
convicted for an offence punishable under section 171J of the Pakistan Penal
Code Act 1860 (XLV of 1860) he shall be disqualified for a period of seven
years from being elected as, a member of the Senate.]
80. Removal and remission of
disqualification. The Commissioner may, on an
application made in this behalf, remit any disqualification for failure to
submit the return of election expenses or for any error or incorrect statement
m such return, if he is satisfied that such failure or error occurred or
incorrect statement was made due to circumstances beyond the control of the
applicant.
81. Extension of time for
completion of election. It shall be competent for the
Commissioner, for reasons which he considers sufficient, to extend the time for
the completion of any election by making necessary amendments in the
notification issued under section 10.
82. Term of office.__(1) The term of office of a
member of the Senate shall commence on the date of the first meeting of the
Senate held after the names of the persons elected to the Senate are notified
by the Election Commission :
Provided that the term of office
of a member elected in the year 1973 and leaving a term of four years shall
expire after completion of four years from the date of making the oath under
Article 65.
1Re-numbered and added by the
Senate (Election) (Amdt.) Ordinance, 1984 (56 of 1984),s.2.
(2) If the election of a member
is declared void and another candidate is declared to have been duly elected in
his place, the term of such candidate shall be the unexpired term of such
member.
(3) If the election of all the
members declared elected under section 18 err section 25 is declared void, the
term of the members elected in their places shall be the unexpired term of the
members whose election is declared void.
1[82A.__ (1) For the purpose of diving the
member 2[into
two groups], the Commissioner shall draw lots in the prescribed manner and in
the presence of such members or persons authorised by them in writing as may be
present, after notifying in the official Gazette the time and place of drawing
of los.
(2) the term of office of each
member determined under sub-section (1) shall b notified by the Commissioner in
the official Gazette.
(3) If the election of a member
whose term of office is determined under sub-section (1) is declared void and
another candidate is declared to have been duly elected in his place, the term
of such candidate shall be the unexpired term of such member.
(4) If the election of all the
members 3**
* is declared void, the member elected in their place shall be divided into two
groups and the term of their office determined and notified in the manner specified
in sub-section (1) and (2):---
Provided that the term of office
of the members so elected shall be the unexpired term of the members of the
respective groups].
83. Vacancy in membership of
Provincial Assemblies not to invalidate election. No election by the members of a Provincial Assembly shall be
called in question on the ground merely of the existence of any vacancy in the
membership of that Provincial Assembly.
84. Commissioner to ensure fair
election, etc. Save as otherwise provided, the
Commissioner may issue such instructions and exercise such powers including
the power to review an order passed by any officer under this Act or the rules,
and make such consequential orders, as may, in his 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.
85. Directions of Commissioner
in certain matters. Anything required to be done to
carry out the purposes of this Act for which no provision or no sufficient
provision exists shall be done by such authority and in such manner as the
Commissioner may direct.
1Ins. by the Senate (Election)
(Amdt.) Ordinance, 1977 (17 of 1977),s.3.
2Subs. by the Senate (Election)
(Amdt.) Act, 1986 (5 of 1986),s.4.
3Omitted by the Senate
(Elelction) (Amdt.) Act, 1986 (5 of 1986),s.4.
86. Jurisdiction of Courts
barred.
87. Protection of action taken
in good faith. No suit, prosecution or other
legal proceeding shall lie against 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 any rule or order made, or direction
given, thereunder.
88. Power to make rules- (1) The Federal Government may, in consultation with the
Commissioner, make rules1for
carrying out the purposes of this Act.
(2) In particular, and without
prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following matters, namely,---
(a) the duties of Returning Officers
and Polling Officers at polling stations;
(b) the identification of voters;
(c) the manner in which votes are to
be, given both, generally arid in, the case of illiterate voters or voters
under physical or other disability;
(d) the procedure as to voting to be
followed at elections held in accordance with the system of proportional
representation by means of the single transferable vote;
(e) the scrutiny and counting of
votes, including cases in which a recounting of votes should be made before the
declaration of the result of election;
(f) the safe custody of ballot
boxes, ballot papers and other election papers, the period for which such
papers shall be preserved and the inspection and production of such papers;
(g) the appointment of agents of
candidates; and
(h) any other matter which. is to be
or may be prescribed under this Act.
1For the Senate (Election)
Rules, 1975, see S.R.O. 725(I)/75, dated 28-6-75, Gaz. of P., 1975, Ext., (
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