Chief Executive Order 25, Election of Members of Senate from the Federally Administered Tribal Areas Order 2002

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CHIEF EXECUTIVE'S ORDER 25 OF 2002

ELECTION OF MEMBERS OF SENATE FROM THE FEDERALLY ADMINISTERED TRIBAL AREAS ORDER, 2002

An Order to provide for the Conduct of Election of Members of Senate from the Federally Administered Tribal Area

[Gazette of Pakistan, Extraordinary, Part I, 9th September, 2002]

F.No.2(4)/2002-Pub., dated 9-9-2002.---The following Order promulgated by the Chief Executive is hereby published for general information:--

Whereas it is expedient to provide for the conduct and manner of -lection of members of Senate from the Federally Administered Tribal Area, and matters connected therewith and ancillary thereto;

AND WHEREAS t he President and Chief Executive is satisfied that circumstances exist which render it necessary to take immediate action;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, the Provisional Constitutional Order No. 1 of 1999, and in exercise of all powers enabling him in that behalf, the President and Chief Executive of the Islamic Republic of Pakistan is pleased to make and promulgate the following Order:-

1. Short title and Commencement. (1).- This Order may be called the Election of Members of Senate from the Federally Administered Tribal Areas Order, 2002.

(2) It extends to the whole of Federally Administered Tribal Areas.

(3) It shall come into force at once.

2. Definitions.- (1) In this Order, unless there is anything repugnant in the subject or context,-

(a) "candidate" means a person proposed as a .candidate for election as a member;

(b) "Commissioner" means the Chief Election Commissioner appointed under the Election Commission Order, 2002 (Chief Executive's Order No.1 of 2002);

(c) "Constitution" means the Constitution of the Islamic Republic of Pakistan, 1973;

(d) "contesting candidate" means a candidate who has been validly nominated for election as a member and has not withdrawn his candidature;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 election of the members of the Senate from the Federally Administered Tribal Areas and includes an election to fill the seat of a member Which falls vacant on the expiration of his term;

(f) "Election Commission" means the Election Commission appointed under the Election Commission Order; 2002 (Chief Executive's Order No.1 of 2002);

(g) "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 expenditure on account of issuing circulars or publications or otherwise presenting to the voters by the candidate views, aims or objects, but does not include the deposit made under Article 17;

(h) "election agent" means an election agent appointed by a candidate under Article 26;

(i) "electoral rolls" means electoral rolls prepared under the law relating to the preparation and revision of electoral rolls for the time-being in force;

(j) "member" means a member of the Senate from the Federally Administered Tribal Areas;

(k) "polling agent" means a polling agent appointed under Article 27;

(l) "polling day" means the day on which poll in taken for an election;

(m) "Polling Officer" means a Polling Officer appointed under Article 11;

(n) "prescribed" means prescribed by rules;

(o) "Presiding Officer" means a Presiding Officer appointed under Article 9 for a polling station and includes an Assistant Presiding Officer exercising the powers and performing the function's of Presiding Officer;

(p) "returned candidate" means a candidate who has been declared elected as a member under this Order;

(q) "Returning Officer" means a Returning Officer appointed under Article 7 and includes an Assistant Returning Officer acting as, or performing the functions of, Returning Officer;

(r) "rules" means rules made under this Order; and

(s) "validly nominated candidate" means a candidate whose nomination has been accepted; and

(t) "voter" means a person-

(i) who is a citizen of Pakistan and is not less than eighteen years of age;

(ii) whose name appears on the electoral roll for any area in the Federally Administered Tribal Areas; and

(iii) who has not been declared by competent court to be of unsound mind; and

(u) "withdrawal day" means a day appointed under Article 15 on or before which candidature may be withdrawn.

(2) Words and expressions used but not defined in this Order, and also used in the Constitution or the Conduct of General Elections Order, 2002 (Chief Executive's Order No.7 of 2002), shall have the meanings assigned to them in the Constitution or the said Order.

3. Election Commission to conduct elections.- The Election Commission shall make arrangements for conduct of elections of members of the Senate from the Federally Administered Tribal Areas and may, for the purpose, make rules, issue directions and instructions as may be necessary for smooth, fair and free elections of such members.

4. Delegation of Powers, etc. The Commission may authorize its Chairman or any of its members or any of the officers of the Commission to exercise and perform all or any of its powers and functions under this Order.

5. Assistance to the Commission.- (1) All executive authorities in the Federation, in the Provinces and in the Federally Administered Tribal Areas shall render such assistance to the Commissioner and the Commission in the discharge of his or their functions as may be required of them.

(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 Order as he or it may direct.

6. Constituencies in the Federally Administered Tribal Areas. The Constituencies for seats in the Senate from the Federally Administered Tribal Areas shall be as specified in Article 8C of the Conduct of General Elections Order, 2002 (Chief Executive's Order No.7 of 2002).

7. Appointment of District Returning Officer and Returning Officer, etc.- (1) The Commission shall appoint, from amongst the officers of the Federal Government and the Provincial Government as many District Returning Officers as may be necessary and a Returning Officer for each constituency or constituencies and Assistant Returning Officers.

(2) As Assistant Returning Officer shall assist the Returning Officer in the performance of his functions under this Order 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.

(3) 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 Order and the rules.

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 alternations in the list of polling stations submitted under sub-section (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 clause (2).

(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 poling station a Presiding Officer and such number of Assistant Presiding Officers and Polling Officers from amongst the officers of the Federal Government and the Provincial Government 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 thereafter except with the approval of the Commission.

(3) A Presiding Officer shall conduct the poll in accordance with the provisions of this Order and 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 authorize one of the Assistant Presiding Officers to act in place of the Presiding Officer if the Presiding Officer is, at any time during the poll, by reason, of illness or any 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 therefore, 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. Polling stations.- (1) The Returning Officer shall, with the approval of the Commission, establish in each constituency polling stations as may be necessary for the purpose of election of members of the Senate from the Federally Administered Tribal Areas by direct and free vote.

(2) The Election Commission shall cause the publication of the list of polling stations referred to in clause (1) at least seven days before the polling day.

11. Polling Officers.- The Commission shall, for the purpose of conducting elections under this Order, appoint such number of Polling Officers to assist the Returning Officer as may be deemed necessary.

12. Duties of the Returning Officer, etc.- (1) A Returning Officer shall conduct the poll in accordance with the provisions of this Order and the rules and shall exercise all necessary powers for maintaining order at the polling stations and shall report to the Commission any fact or incident which may, in his opinion, effect 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 action his place if he is, at any time during the poll, by reason of illness or otherwise, 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 Polling Officer so suspended.

(5) It shall be the duty of a Returning Officer to do all such act and things as may be necessary for effectively conducting an election in accordance with the provisions of this Order and the rules.

13. 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.

**14. Supply of list of voters.-**The Commission shall provide the Returning Officers with lists of voters of the Federally Administered Tribal Areas.

15. Notification for election.- (1) For the purpose of the election, the Commission shall, by notification in the official Gazette, call upon the voters of the Federally Administered Tribal Areas for election of members to the Senate from that Areas.

(2) The Commission 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.

16. Nomination for election.-(1) Any elector of a constituency in the Federally Administered Tribal Areas may propose or second the name of any duly qualified person to be a member of the Senate for that constituency.

(2) Every nomination shall be made by a separate 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 any other law for the time being in force for being elected as a 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 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 des or utility charges, including telephone, electricity, gas and water charges of an amount in excess often thousand rupees, for over six month, 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, along with 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. - Fort the purpose of this Article, the expression-

(i) "loan" shall mean any loan, advance, credit or finance obtained or written of one or after the 31^st^ 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 its receipt.

(4) A person may be nominated in the same constituency by not more than five nomination papers.

(5) The Returning Officer shall assign a serial number to every nomination paper an d 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.

(6) The Returning Officer shall cause to be affixed at a conspicuous place in his office a notice of every nomination paper received by him containing the particulars of the candidate as shown in the nomination paper.

(7) The 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 off such fee as may be prescribed.

17. Deposit.- (1) Subject to the provisions of clause (3), no nomination paper delivered under Article 16 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 Pakistan or at a Government treasury or Sub-treasury.

(2) Not more than one deposit under sub-section (1) shall be required in the case of a person who has been nominated as a candidate by more than one nomination papers.

18. Scrutiny.-(1) The candidates, their election agents, the proposers and seconders, and any other person authorised in his behalf by each candidate and an elector who has filed an objection to the nomination of a candidate, may attend the scrutiny of nomination papers, and the Recruiting Officer shall give them reasonable opportunity for examining all nomination papers delivered to him under Article 16: an agent authorised in writing in this behalf by each candidate, an elector or any other person 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 that Article:

Provided that an elector who has filed am objection to the nomination of a candidate shall only attend the security of the nomination paper of that candidate.

(2) The Returning Officer shall, in the presence of the persons attending the scrutiny under clause (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 raised either by an elector or by any person referred to in clause (1), 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 Article 16 or Article 17 has not been complied with; 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 Returning Officer may, for the purpose of scrutiny, require any agency or authority to produce any document or record;

(ii) the rejection of a nomination paper shall not invalidate the nomination of a candidate by any other valid nomination paper;

(iii) the Retuning 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 rolls; and

(iv) the Returning Officer shall not inquire into the correctness or validity of any entry in the electoral rolls.

(4) Notwithstanding anything contained in clause (3), where a candidate deposit 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 no be rejected for default thereof.

(5) 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 therefore.

(6) Where the nomination of a candidate has been rejected under this Article by a Returning Officer, an appeal shall lie, within two days of the scrutiny day, to the Commissioner or the member of the Election Commission authorised by the Commissioner; and any order passed by the Commissioner or such member, as the case may be, on such appeal shall be final.

(7) If, on the basis of any information or material brought to its knowledge by any source, a Tribunal constituted under clause (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.

(8) An appeal not disposed of within the period specified in sub section (5) shall be deemed to have been rejected.

(9) An announcement of the day and time appointed for the hearing of an appeal under clause (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.

19. 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 are validly nominated.

(2) In case an appeal against rejection of a nomination paper is accepted by the Tribunal, the list of validly nominated candidates shall be revised accordingly.

20. 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 clause (1) shall, in no circumstances, be open to recall or cancellation:

(3) On receiving a notice of withdrawal under clause (1), the Returning Officer shall, if he is satisfied that the signatures on the notice is that of the candidate, cause a copy of the notice to be affixed at some conspicuous place in his office.

(4) The Returning Officer shall, on the day next following the withdrawal day, prepare and publish in the prescribed manner a list of contesting candidates and forward a copy thereof to each such candidate, giving public notice of the date, hour and place of the poll.

21. 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 authorized in this behalf in writing by such candidate.

(2) No person who has given a notice of retirement under clause (1) shall be allowed to cancel the notice.

(3) The Returning Officer shall, upon receiving a notice of retirement under clause (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 clause (3) shall be deemed to have withdrawn his candidature under Article 20.

22. 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 clause (1), fresh .proceedings shall be commenced in accordance with the provisions of this Order as if it was 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 Article 17.

23. 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 appointed day, he may adjourn such proceedings and shall, with the approval of the Commission, by public notice fix another day for the proceedings so postponed or adjourned and, if necessary, also the day or days for any subsequent proceedings.

24. Uncontested election. -(1) Where, after scrutiny under Article 18 there remains, only one validly nominated candidate or where, after withdrawal under Article 20 or retirement under Article 21, 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 clause (6) of Article 18 against the rejection of his nomination paper, no person shall be declared elected until the period 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 clause

(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 clause (2).

(4) Where the number of candidates declared elected under clause (1) is less than the number of seats to be filled, fresh proceedings shall be commenced in accordance with the provisions of this Order as if it was a new election to fill a seat falling vacant.

25. Allocation of symbols to contesting candidates.- (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 far 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.

26. 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.

27. 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:

(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 polling agent: and a notice of such appointment shall be given to the Presiding Officer.

28. 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.

29. Absence of candidates not to invalidate acts, etc. -Where any act or thing is authorized 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.

30. 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 Article 28; 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 clause (1) the returning Officer shall immediately report the circumstance 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 clause (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 clause (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 clause (1) shall be counted; and the provisions of this Act and the rules and orders made thereunder shall apply to such fresh poll.

**31. Election by secret ballot.-**An election under this Act shall be decided by secret ballot and every elector shall, in accordance with the provisions of this Order, cast his vote by inserting in the ballot box, a ballot paper in the prescribed form.

32. 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.

33. 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 clause (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 Article 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. .

34. Voting Procedure.-(1) When 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 National Identity Card issued under the National Registration Act, 1973 (LVI of 1973), or the National Database and Registration Authority Ordinance, 2000 (VIII of 2000).

(2) Before a ballot paper is issued to an elector-

(a) the number and name of the elector as entered in the electoral roll shall be called out;

(b) 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;

(c) he shall be required to received 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 National Identity Card issued under the National Registration Act, 1973 (LVI of 1973); or the National Database and Registration Authority Ordinance, 2000 (VIII of 2000);

(b) refuses to put his thumb impression on the counter foil or whose thumb bears traces of its having already been used for putting an impression; or

(c) 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 making 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 Order.

35. 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) 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 letter 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 referred to in clauses (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; and

(c) the number of ballot papers taken-out of the ballot box or boxes and counted.

(11) The Presiding Officer shall give a certified copy of the statement of the count and the ballot paper account referred to in clause (10) to the candidates or their election agents or polling agents who may be present and obtain a receipt thereof.

(12) The Presiding Officer shall seal in separate packets-

(a) the un-issued ballot papers;

(b) the marked copies of the electoral rolls;

(c) the counterfoils of used ballot papers;

(d) the tendered votes list;

(e) the challenged votes list; and

(f) such other papers as the Returning Officer may direct.

(13) The Presiding Officer shall obtain on each statement and packet prepared under this Article the signatures of the contesting candidates or their election agents or polling agent who 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 clause (13) may, if he so desires, also affix his seal to it.

(15) After the close of the proceedings, the Returning 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 papers account prepared by him to be sent to the Returning Officer together with such other records as the Commission may direct.

36. Consolidation of results.-(1) 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 the contesting candidates and election agents who may be present, consolidate in the prescribed manner the result of the count furnished by the Presiding Officer, including the postal ballots received by him by the notified period.

(2) As soon as possible immediately after the polling day, the proceedings of consolidation of result shall be held without any avoidable delay.

(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 may recount the ballot papers.-

(a) upon the request of, or challenge in writing made by a contesting candidate or his election agent, if he 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.

37. 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 or their election agents who 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 or their election agents who may be present.

38. Equality of votes.-(1) Where, after consolidation of the results of the count under Article 36, 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 fails 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 who 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 signatures of such of the candidates and election agents as witnesses to the proceedings, and, if any such person refuses to sign, such fact shall be recorded.

39. Declaration of results.-(1) The Returning Officer shall, after consolidating the result of the count under Article 36 or of the drawl of the lots under Article 38, 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 Article 36 or as a result of drawl of lots under Article 38.

(3) The Returning Officer shall, immediately after the count, submit to the Commission a copy of the consolidated statement in the prescribed form.

(4) 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 Article 43.

(5) The Commission shall publish in the official Gazette the name of the, returned candidate.

Provided that the result of a returned candidate shall not be published who fails to submit the return of expenses specified in clause (4).

40. Yearly submission of statements of assets and liabilities.-(1) Every member shall, on a prescribed form 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 clause (1) shall be published in the official Gazette and copied, 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 of specified in clause (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 clause (1) which is found to be false in material particulars, he may be proceeded against for committing the offence of corrupt practice.

41. Return or forfeiture of deposit.-(1) After the termination of the proceedings relating to an election under Article 22 where the proceedings have been so terminated and the contesting candidate does not desire to utilize his security deposit for a subsequent election, or after the declaration of the result of an election under Article 39, the deposit made under Article 17 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-eighth of the total number of votes cast at the election for whom no voter has either voted or indicated any preference:

Provided that a deposit shall riot 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.

(2) A deposit which is not required to be returned under clause (1), shall be forfeited to the Federal Government.

42. 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 one million and five hundred thousand rupees.

(3) A candidate shall, by a statement, explain the particulars of every election expense supported by receipts and vouchers of payments made thereof, except where the amount is less than five hundred rupees.

43. 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 clause (4) of Article 39 and of every contesting candidate referred to in clause (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.

44. Inspection of returns, etc.- (1) The return and other documents submitted under Article 39 and Article 43 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 clause (1) or of any part thereof.

**45. Provisions of the Senate (Election) Act, 1975, etc., to apply.-**The provisions of the Senate (Election) Act, 1975 (LI of 1975), and the Conduct of General Elections Order, 2002 (Chief Executive's Order No.7 of 2002), shall, in relation to election disputes, offences, penalties, qualifications and disqualifications, procedure for bye-election and all other matters not specifically provided under this Order, mutatis mutanois, apply for election of members of Senate from the Federally Administered Tribal Areas as they apply to other members of the Senate.

**46. Removal of difficulties.-**The Election Commission may, by order, provide for the removal of any difficulty which may arise in giving effect to the provisions of this Order.

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