National and Provincial Assemblies (Elections to Reserved Seats) Act1976

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NATIONAL AND PROVINCIAL ASSEMBLIES (ELECTIONS TO

` RESERVED SEATS) RULES, 1976

[Gazette of Pakistan, Extraordinary, Part II, 23rd March 1976]

S. R. O. 259 (1)/76.-In exercise of the powers conferred by section 55 of the National and Provincial Assemblies (Elections to Reserved Seats) Ordinance. 1976 (VI of 1976), the Chief Election Commissioner, with the approval of the President, is pleased to make the following rules, namely : -

  1. Short title and commencement.-(1) These rules may be called the: National and Provincial Assemblies (Elections to Reserved Seats) Rules, 1976..

(2) They shall come into force at once.

  1. Definitions.-In these rules, unless there is anything repugnant in the subject or context,-

(1) "Article" means Article of the Constitution ;

(2) "Form" means a form appended to these rules and includes a translation thereof into any language ;

(3) "Ordinance" means the National and Provincial Assemblies (Elections to Reserved Seats) Ordinance, 1976 (VI of 1976) ;

(4) "publish", with its grammatical variations, means exhibition at a place accessible to the public ; and

(5) "section" means section of the Ordinance.

  1. Electorate.-(1) The members of the National Assembly for the general seats from a Province shall constitute the electoral college for the seats reserved for women in that Assembly.

(2) The members of a Provincial Assembly for the general seats for that Province shall constitute the electoral college for the seats reserved for women .in that Assembly.

(3) The members of the National Assembly for the general seats shall ,constitute the electoral college for the seats referred to in clause (2-A) of .Article 51 for the persons referred to in clause (3) of Article 106.

(4) The members of a Provincial Assembly for the general seats from -that Province shall constitute the electoral college for the seats reserved for that Province for persons referred to in clause (3) of Article 106.

  1. List of voters for National Assembly.-(1) A list of persons elected .as members of the National Assembly from the general seats from a Province shall be prepared from the Gazette notifications declaring the results of elections to the general seats in that Assembly. The list so prepared shall be the list of voters for the purposes of elections to the seats in the National Assembly reserved for women for that Province.

(2) A list of persons elected as members of the National Assembly from the general seats shall be prepared from the Gazette notifications declaring -the results of elections to the general seats in that Assembly. The list so prepared shall be the list of voters for the purposes of elections to the seats in the National Assembly referred to in clause (2A) of Article 51 for persons .referred to in clause (3) of Article 106.

  1. List of voters for Provincial Assembly.-A list of persons elected as -members of a Provincial Assembly from the general seats shall be prepared from the Gazette notifications declaring the results of elections to the general seats in the Provincial Assembly for that Province. The list so prepared shall be the list of voters for the purposes of elections to the seats reserved for women or, as the case may be, for the persons referred to in clause (3) of Article 106 for that Province.

  2. Notification for election to reserved seats.-For the purpose of election -of members to the seats reserved in an Assembly for women or for persons referred to in clause (3) of Article 106, as the case may be, the Election Commission shall, by notification, invite nominations and fix the day or days .and time for scrutiny of nominations, withdrawal of candidature, and the place where, and the date and time when, the poll shall be held.

  3. Appointment of Returning Officers and Polling Officers.-(1) The Election Commission shall appoint a Returning Officer for holding and conducting elections to the seats reserved for women or for persons referred to in clause (3) of Article 106 in each Assembly.

(2) The Election Commission may appoint as many Assistant Returning Officers and Polling Officers as it may deem necessary. Such officers shall work under the directions of the Returning Officer and perform such functions as are entrusted to them by the Returning Officer.

  1. Nominations. -(1) Any person whose name appears-

(a) on the list of voters for a Province prepared under sub-rule (1) of rule 4 may nominate, and any other such person may second, for a seat reserved for women in the National Assembly for the Province concerned, the name of any woman qualified to be a member of the National Assembly ;

(b) on the list of voters prepared under sub-rule (2) of rule 4 may nominate, and any other such person may second, for a reserved seat referred to in clause (2A) of Article 51, the name of any person referred to in clause (3) of Article 106 qualified to be a member of the National Assembly ; and

(c) on the list of voters for a Province prepared under rule 5 may nominate, and any other such person may second, for a seat reserved for women or, a9 the case may be, for a reserved seat referred to in clause (3) of Article 106 for the Provincial Assembly concerned, the name of any woman or, as the case may be, the name of any person referred to in clause (3) of Article 106, qualified to be a member of that Provincial Assembly.

(2) A nomination paper by which a proposal is made shall be in Form T and every such nomination paper shall be accompanied, in the case of a reserved seat in the National Assembly, by an extract from the electoral roll for any electoral area in Pakistan wherein the candidate's name is entered as a voter under the Electoral Rolls Act, 1974 (XXI of 1974) and. in the case of the reserved seats in a Provincial Assembly, by an extract from the electoral roll for an electoral area in the Province wherein the candidate's, name is entered as a voter under the said Act. The nomination paper shall be delivered by the candidate, proposer or seconder to the Returning Officer at his office during office hours, on or before the date and within the time fixed for the purpose.

(3) A duly qualified person may be nominated for a seat reserved for women or for a seat reserved for a person referred to in clause (3) of Article 106 in an Assembly by more than one nomination paper. If any voter subscribes to the nomination of more than one candidate either as proposer or seconder for a seat or seats in the same Assembly, all nomination papers to which he has subscribed, shall be void.

(4) On the delivery to the Returning Officer of a nomination paper, he shall-

(i) acknowledge in writing the receipt thereof ;

(ii) satisfy himself that the names and other particulars of the proposer and seconder shown in the nomination paper are the same as are shown in the list of voters prepared under rule 4 or rule 5, as the case may be ; and

(iii) permit any error in the nomination paper in regard to the name or other particulars of any person to be corrected in order to bring it in conformity with the corresponding correct entries and may overlook any clerical or printing error in any such particulars.

(5) The Returning Officer shall endorse on the nomination paper 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 axed at some conspicuous place in his office, a notice of every nomination paper received by him containing the particulars of the candidate, his proposer and seconder as are shown in the nomination paper.

  1. Deposit.-(1) Subject to the provisions of sub-rule (2) of rule g, no nomination paper shall be accepted unless-

(a) in the case of a reserved seat in the National Assembly, a sum of two thousand rupees, and in the case of a reserved seat in a Provincial Assembly, a sum of one thousand rupees, is deposited in cash by the candidate or by a person on behalf of the candidate at the time of delivery of the nomination paper ; or

(b) the nomination paper is accompanied by a receipt showing that a sum, as aforesaid, has been deposited by the candidate or by any person on behalf of the candidate at any branch of the State Bank of Pakistan or the National Bank of Pakistan or at a Government Treasury or Sub-Treasury.

(2) The Returning Officer shall maintain a register in which he shall enter the particulars of every cash deposit made to him.

(3) Receipt of a cash deposit by the Returning Officer shall be acknowledged and the amount shall be deposited by him at a Government Treasury or Sub-Treasury.

(4) The head of account for the purpose of deposit at a branch of the State Bank of Pakistan or the National Bank of Pakistan or at a Government Treasury or Sub-Treasury shall be "`P-Deposits and Advances-Part II Deposits not bearing interest-Civil Deposits-Deposits in connection with election".

(5) The return of a deposit, which is required to be refunded, shall be authorised under the seal and signature of the Returning Officer.

(6) Not more than one deposit under sub-rule (1) above shall be required in the case of any person who has been nominated as a candidate by more than one nomination paper.

  1. Scrutiny.-(1) The candidates, their proposers and seconders and one other person authorised in writing in this behalf by each candidate may attend the scrutiny of the nomination papers. The scrutiny shall be held by the Returning Officer at the time and place endorsed under sub-rule (5) of rule 8.

(2) The Returning Officer shall, in the presence of such persons as wish to attend the scrutiny, according to sub-rule (1), examine the nomination papers and decide any objection made 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 rule 8 or rule 9 has not been complied with ; or

(d? the signature of the proposer or the seconder is not genuine

Provided that----

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

(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.

(4) The Returning Officer shall endorse on every nomination paper his decision, accepting or rejecting it, and shall, in the case of rejection, record a brief statement of reasons therefor.

(5) Any candidate whose nomination paper has been rejected may file with the Returning Officer an appeal addressed to the Election Commission ,before such time as may be specified by it. Such an appeal shall be disposed .of before such time, as may be specified by the Election Commission, and any order passed on such appeal shall be final.

  1. Withdrawal.-Any validly nominated candidate may, by notice in writing, signed by the candidate and delivered to the Returning Officer, either by such candidate in person or by an agent authorised in writing in this behalf. before the time fixed; withdraw her or, as the case may be, his candidature. The notice of withdrawal shall not be open to recall or cancellation.

  2. Uncontested elections.-(1) Where, after scrutiny under rule 10, the -number of validly nominated candidates is the same as the number of seats to which elections are being held, or where, after any withdrawal under rule 11, the number of contesting candidates is equal to the number of seats to which elections are being held, the Returning Officer shall by public notice declare such candidate or, as the case may be, such candidates to be elected and submit a return of the election to the Election Commission.

(2) The Election Commission shall publish in the official Gazette the name or, as the case may be, the names of the returned candidate or candidates.

  1. Poll.-(1) Before the time fixed for the commencement of the poll, the Returning Officer shall affix at a conspicuous place, where the poll is -to be held. the names of the contesting candidates for each seat.

(2) Every voter shall have as many votes as there are seats reserved for women for a Province in the National Assembly or in a Provincial Assembly.

(3) Similarly, every voter shall have as many votes as there are seats ,reserved for persons referred to in clause (3) of Article 106 for a Province in a Provincial Assembly.

(4) Every voter from the National Assembly, irrespective of the Province, shall have as many votes as there are seats reserved under clause (2A) of Article 51 for persons referred to in clause (3) of Article 106.

(5) The Returning Officer shall ensure in the presence of the voters present that the ballot boxes to be used are empty and shall then seal them.

The ballot boxes shall be placed on the table of the Returning Officer.

(6) The Returning Officer shall ensure that every voter is able to mark his ballot paper in secret before it is folded and inserted in a ballot box.

(7) The Returning Officer shall satisfy himself that the persons who are present as voters are the same persons whose names have been gazetted as members elected to the Assembly, and to that end shall require each such voter to sign a declaration in the form supplied to him or produce an identity, card duly signed by the Secretary of the Assembly concerned. The Returning. Officer shall permit the contesting candidates and one other person authorised in writing by each such candidate to be present at the place of the poll.

(8) In case of elections to the seats reserved for women in the National. Assembly and a Provincial Assembly as also to the seats reserved in a Provincial Assembly for persons referred to in clause (3) of Article 106;

(a) the ballot papers shall be so coloured as to distinguish a ballot paper of one constituency from the ballot paper of another constituency for the same Assembly ;

(b) each voter shall have only one vote for a constituency and shall accordingly receive as many ballot papers as there are seats reserved for a Province in that Assembly ;

(c) the ballot paper shall contain the number and name of the constituency to which it relates and the names of the contesting candidates shall be printed in Urdu and shall be arranged in the alphabetical order in that language ;

(d) the voter on receiving a ballot paper for a constituency or constituencies, as the case may be, for which there is a contest, shall forthwith proceed to the place reserved for the marking of the ballot paper and shall secretly put a mark on the ballot paper at any place within the space containing the. name of the candidate for whom he wishes to vote ;

(e) the mark shall be put with a rubber stamp containing squares provided for the purpose by the Returning Officer and no other mark

(f) the voter shall then fold the ballot paper separately for each constituency, if elections to more than one are being held, and insert them in the ballot box ; and

(g) no voter shall vote for more than one candidate for the same constituency and, if he does so, his ballot paper shall be rejected.

(9) In case of elections to the seats reserved in the National Assembly under clause (2-A) of Article 51 for the persons referred to in clause (3) of Article 106-

(a) the ballot paper shall contain the names of all the contesting candidates in Urdu in accordance with the alphabetical order in that language ;

(b) a voter shall vote by putting a mark on the ballot paper against the names of as many candidates as there are seats to be filled ;

(c) the mark shall be put at any place within the space containing the names of the contesting candidates but so as to clearly indicate the contesting: candidates for whom he wishes to vote ;

(d) the mark against the names of the candidates of the voters' choice shall be put with the rubber stamp provided for the purpose by the Returning: Officer at the polling stations;

(e) no marking aid or rubber stamp except the rubber stamp supplied by the Returning Officer for the purpose shall be used by the voter for marking the ballot paper ; and

(f) a voter shall not put marks against the names of more candidates than: the number of seats to be filled.

(10) A voter who has inadvertently so spoiled a ballot paper that it, cannot be used as a valid ballot paper may, on proving inadvertence to the satisfaction of the Returning Officer, return the ballot paper so spoilt and obtain another ballot paper. `the spoilt ballot paper shall be cancelled by the Returning Officer.

  1. Procedure on the close of poll.-(1) After the voters present have cast their votes within the hours fixed for the poll, the Returning Officer shall, in case of elections to the seats reserved for women in the National Assembly and a Provincial Assembly and in case of elections to the seats reserved: for persons referred to in clause (3) of Article 106 for a Provincial Assembly, proceed to open the ballot boxes, sort the ballot papers constituency-wise, if there are more seats than one, and count the votes cast in favour of each candidate for a constituency. A ballot paper shall be rejected as void if it bears-

(a) no official mark ;

(b) any writing or any mark other than the official mark and the prescribed mark or has a piece of paper or any other object of any kind attached to it ;

(c) no prescribed mark indicating the contesting candidate for whom the voter has voted or bears a mark against the names of more than one candidate ; or

(d) any mark from which it is not clear for whom the voter 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 of that candidate and where the prescribed mark is divided equally between two such spaces, the ballot paper shall be deemed not to show clearly for whom the voter has voted.

(2) After the voters present have cast their votes within the hours fixed for the poll, the Returning Officer shall, in case of elections to the seats reserved under clause (2A) of Article 51 for the persons referred to in clause (3) of Article 106, proceed to open the ballot box, take out the ballot papers and count the votes cast in favour of each candidate. A ballot paper shall be rejected if it bears-

(a) no mark indicating the contesting candidate for whom the voter wishes to vote ;

(b) marks against the names of more candidates than the number of seats to be filled;

(c) no official mark or initials of the Returning Officer ;

(d) any writing or mark other than the prescribed mark or if it has attached to it some piece of paper or any other object of any kind ; or

(e) any mark from which it is not clear for whom the voter has voted ;

Provided that-----

(i) a ballot paper shall not be invalid if more than one mark has been put against the name of any one candidate, but only one vote shall be counted. for that candidate ;

(ii) a ballot paper shall be invalid in respect of those candidates only against whose names the mark is so placed as to render it doubtful for which candidate the voter has voted ; and

(iii) 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 mark appears clearly within the space relating to the name of that candidate ; and, where the mark is divided equally between two such spaces, the ballot paper shall be deemed not to show clearly for whom the voter has voted.

  1. Count.-(1) In the case of elections to the seats reserved for women in the National Assembly and in a Provincial Assembly and also for the seats reserved for the persons referred to in clause (3) of Article 106 in a Provincial Assembly, the Returning Officer shall prepare a statement for each constituency showing the number of valid votes cast in favour of each candidate in that constituency and shall also mention the number of votes rejected. He shall then declare, by public notice, the result in favour of the candidates who secure the highest number of valid votes amongst the candidates for that constituency.

(2) If after a count it is found that there is an equality of votes between two or more contesting candidates for a constituency and the addition of one vote for one such candidate would entitle the candidate to be declared elected, the Returning Officer shall draw a lot and the candidate on whom the lot falls shall be declared to have been elected.

(3) After declaring the result for one constituency, the Returning Officer shall proceed to count the votes for another constituency, if there are more constituencies than one for which election is held and declare the result therefor and shall continue with the counting of the votes until the results for all the constituencies are declared.

(4) In the case of elections to the seats reserved under clause (2A) of Article 51 for the persons referred to in clause (3) of Article 106, the Returning Officer shall prepare a statement of the count showing therein the number of valid votes cast in favour of each contesting candidate.

(5) The Returning Officer shall by public notice declare to be elected such number of candidates, in the order of the number of valid votes obtained by them, as is equal to the number of seats to be filled.

(6) If after the counting it is found that there is equality of votes between two or more candidates and that the addition of one vote for one such candidate would entitle him to be declared elected the Returning Officer shall forthwith draw a lot and the candidate on whom the lot falls shall be deemed to have been elected;

Provided that it shall not be necessary to draw lots if, according to the number of seats to be filled, the two or more contesting candidates who have equal number of votes have already been declared elected by virtue of their having obtained the highest number of votes.

(7) The Returning Officer shall take into and keep in his custody all the ballot papers, issued or un-issued, the list of voters, spoilt ballot papers and the returns prepared by him and shall send to the Election Commission the returns showing the result of each election.

(8) The return of election-

(a) for election to the seats reserved in a Provincial Assembly for the persons referred to in clause (3) of Article 106, and for women in the National Assembly or a Provincial Assembly, shall be in Form Ii ; and

(b) for election to the seats reserved in the National Assembly for the ,persons referred to in clause (3) of Article 106 shall be in Form III.

(9) On receipt of the return of the election from the Returning Officer under sub-rule (7), the Election Commission shall publish in the official Gazette the names of the returned candidates.

  1. Return or forfeiture of deposit.-(1) The deposit made on behalf of any candidate who secures less than one-eight of the total number of votes cast for the constituency in case of seats reserved for women in the National Assembly or a Provincial Assembly, or for the persons referred to in clause (3) of Article 106 in a Provincial Assembly, shall be forfeited to the Federal Government.

(2) Similarly, any candidate who secures less than one-eighth of the total number of votes cast at an election to the seats reserved under clause (2-A) .of Article 51 for the persons referred to in clause (3) of Article 106 shall be forfeited to the Federal Government.

(3) In all other cases, the amount of the deposit shall be refunded on application made in this behalf to the Returning Officer.

  1. Public inspection of documents.-(1) The documents retained by the Commission under subsection (1) of section 11 shall be open to public inspection during office hours on payment of a fee at the rate of one rupee for each document.

(2) Copies of, or extracts from, the documents mentioned in subsection (2) of section 11 shall be furnished upon an application made by any person on payment of a fee at the rate of one rupee for the first two hundred words or a fraction thereof and fifty paisa for every additional hundred words or a fraction thereof.

(3) Every application for inspection of documents or supply of copies shall be accompanied by court-fee stamps of the requisite value.

  1. Account of election expenses.-(I) Each candidate shall keep and maintain a register of receipts and expenditure in Form-IV.

(2) The return of election expenses required to be submitted under section 10 shall also be in Form-IV.

(3) All vouchers shall be kept along with the account of election expenses arranged according to the date of payment and serially numbered and such serial number shall be entered in the appropriate column of the relevant account.

  1. Affidavit.-The affidavit referred to in subsection (2) of section 10 shall be sworn by a candidate in Form-V.

  2. Withdrawal of respondents.-A notice under section 35 by a respondent in an election petition shall be in Form-VI.

  3. Directions of the Commission in certain matters.-Anything required to be done for the purpose of these elections under these rules for which there is no provision or no sufficient provision shall be done by such authority and in such manner as the Election Commission may direct.

  4. Delegation.-The Election Commission may authorise any office of the Commission to exercise and perform such of its powers and functions for the purposes of election to the reserved seats as it may deem necessary.

  5. Elections to the reserved seats under Article 271 and Article 273 and bye-elections.-These rules shall apply to the filling of seats referred to in Article 271 (1) (a) (ii) and Article 273 (1) (a) (ii) reserved for the persons referred to in clause (3) of Article 106 and also to the filling of casual vacancies to the seats reserved for the persons referred to in clause (3) of Article 106 and for women in the same manner as they apply to the filling of seats reserved under clause (2-A) of Article 51 and clause (3) of Article 106.

[Note.-For Forms I to VI please see Gazette of Pakistan, Extraordinary, Part 11, dated 23-3-1976, pp. 609 to 617].

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