N.-W.F.P. Local Government Elections (Second Amendment) Ordinance 2000

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NORTH-WEST FRONTIER PROVINCE LOCAL GOVERNMENT ELECTIONS (SECOND AMENDMENT) ORDINANCE, 2000

ORDINANCE IX OF 2000

An Ordinance further to amend the North-West Frontier Province Local Government Elections Ordinance, 2000

[Gazette of N.-W. F. P., Extraordinary, 14th December, 2000]

**No. Legis.1(18)/70-VIII/7360/7390, dated 14-12-2000.**The following Ordinance by the Governor of the North-West Frontier Province is hereby published for general information.---

Whereas it is expedient further to amend the North-West Frontier Province Local Government Elections Ordinance, 2000 (N.-W.F.P. Ord. No. VI of 2000) in the manner hereinafter appearing;

And whereas the Provincial Assembly of the North-West Province is held in abeyance and the Governor of the Province 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, and the Provisional Constitution Order No. 1 of 1999, read with Article 4 of the Provisional (Amendment) Order No.9 of 1999, and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province pleased to make and promulgate the following Ordinance;

1. Short title and commencement.--(1) This Ordinance may be called the North-West Frontier Province Local Government Elections (Second Amendment) Ordinance, 2000.

(2) It shall come into force at once.

**2. Insertion of section 18A to N.-W.F.P. Ord. VI of 2000.--**In the North-West Frontier Province Local Government Elections Ordinance, 2000 (N.-W.F.P. Ord. No. VI of 2000), hereinafter referred to as the said Ordinance, after section 18, the following new section shall be inserted namely:

"18A. ++Casual vacancy++.-(1) If the seat of a member becomes vacant during the term of office of a Council, a new member shall be elected through bye-election and such member shall hold office for the remaining part of such term, provided that all bye-elections shall be held once a year on dates fixed by the Chief Election Commissioner.

(2) The vacancy in the office of Nazim shall be filled by officiating Nazim elected by the members of the Council concerned by a majority vote; provided that;

(a) the member so elected shall continue to hold his substantive office as member till the bye-election to fill the vacant office is held;

(b) a Naib Nazim will not be eligible for bye-election or for officiating as Nazim; and

(c) in the event of temporary absence of a Nazim, the Naib Nazim of the Council concerned shall deputize in place of the Nazim."

3. Insertion of section 35-A to N.-W.F.P. Ord. No. VI of 2000.--In the said Ordinance after section 35, the following new section shall be inserted namely:--

"35A. ++Power of the Chief Election Commissioner to punish for contempt++.--The Chief Election Commissioner shall have the same power as the High Court has to punish any person for contempt of Court and the Contempt of Court Act, 1976 (XLVI of 1976) shall have effect accordingly as if reference therein to a "Judge" was reference to the "Chief Election Commissioner."

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