N.-W.F.P. Local Government Elections (Second Amendment) Ordinance 2001

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NORTH-WEST FRONTIER PROVINCE LOCAL GOVERNMENT ELECTIONS (SECOND AMENDMENT) ORDINANCE, 2001

ORDINANCE XI OF 2001

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

[Gazette of N.-W.F.P., Extraordinary, 26th July, 2001]

**No. Legis. 1(18)70-VIII. 3808, dated 26-7-2001.--**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. Ordinance No. VI of 2000), for the purpose hereinafter appearing;

And whereas the Governor of the North-West Frontier 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, as amended up to date, and the Provisional Constitution Order No.1 of 1999, read with Article 4 of the Provisional Constitution (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 is pleased to make and promulgate the following Ordinance.

NORTH‑WEST FRONTIER PROVINCE LOCAL GOVERNMENT ELECTIONS (SECOND AMENDMENT) ORDINANCE, 2001

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

[Gazette of N.‑W.F.P., Extraordinary, 26th July, 2001]

**No. Legis. 1(18)70‑VIII. 3808, dated 26‑7‑2001.‑‑**The following Ordinance by the Governor of the North‑West Frontier Province is hereby published for general information:‑‑

1. Short title and commencement.‑‑(1) This Ordinance may be called the North‑West Frontier Province Local Government Elections (Second Amendment) Ordinance, 2001:

(2) It shall come into force at once.

**2. Substitution of section 9 of N.‑W.F.P. Ordinance No. VI of 2000.‑‑**In the North‑West Frontier Province Local Government Elections Ordinance, 2000 (N.‑W.F.P. Ordinance VI of 2000), hereinafter referred to as the said Ordinance, for section 9, the following shall be substituted, namely:

"9. ++Special Minority Seats++ .‑‑In a union where the population of minorities is in excess of ten percent. of the total population of the union, reserved seats for minority communities mentioned in the preceding section shall be allocated in the manner prescribed by Government."

**3. Amendment of section 10 of N.‑W.F.P. Ordinance No. VI of 2000.‑‑**In the said Ordinance in section 10, in subsection (3), the full‑stop appearing at the end shall be replaced by a colon and thereafter the following proviso shall be added, namely: '

"Provided that for the election of reserved seats of women for Zilla Council proportionately divided among tehsils or towns, all the members of union councils in the concerned tehsil or town, as the case may be, shall be the electoral college."

**4. Amendment of section 14 of N.‑W.F.P. Ordinance No. VI of 2000.‑‑**In the said Ordinance in section 14, for clause (s), the following shall be substituted, namely:‑‑

"(s) has not used directly or indirectly for his election the platform, flag, symbol, affiliation and financial or material resources or support of a political, religious, ethnic or sectarian party, formation or organization."

**5. Amendment of section 15 of N.‑W.F.P. Ordinance No. VI of 2000.‑‑**In the said Ordinance for section 15, the following shall be substituted, namely:

" 15.++Proceeding against defaulters.++‑‑Whoever‑‑

(a) is found by the Chief Election Commissioner to have contravened the provisions of section 14 shall stand disqualified from being a candidate for election to a local Government for a period of four years; or

(b) having been elected as a member of local Government or being holder of an elective office of local Government is found by the Chief Election Commissioner to have contravened the provisions of section 14 shall cease forthwith to be an elected member or to hold the office of such member and stand disqualified from being a candidate for election to a local Government for a period of four years."

**6. Amendment of section 16 of N.‑W.F.P. Ordinance No. VI of 2000.‑‑**In the said Ordinance in section 16,‑‑

(i) in subsection (2), for the words "the highest number", the words mid figure "more than 50%" shall be substituted; and

(ii) for subsection (3), the following shall be substituted, namely:

"(3) In case a Zilla Nazim and a Naib Zilla Nazim or a Town Nazim and a Naib Town Nazim or a Tehsil Nazim and a Naib Tehsil Nazim do not secure more than 50% of the total votes of the members of the union councils in the respective district, town or tehsil, there shall be held a fresh election, within one week of the first election, in. which the joint candidates for such offices securing the highest and the second highest number of votes shall be the contestants, and the joint candidates securing the highest number of votes in the fresh election shall be declared elected."

7. Amendment of 'section 17 of N.‑W.F.P. Ordinance No. VI of 2000.‑‑ In the said. Ordinance in section 17,‑‑

(a) in subsection (1), between the word "for" and the word "the", the words "women in" shall be inserted;

(b) in subsection (2), between the word "seat" and the word "in", the words "for women" shall be inserted; and

(c) after subsection (2), as so amended, the following new subsection (3) shall be added, namely:

"(3) The district shall be a multi‑member ward for the reserved seats for peasants and workers and minority population in the Zilla Council."

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