National and Provincial Assemblies (Elections) Act 1964

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THE NATIONAL AND PROVINCIAL ASSEMBLIES

(ELECTIONS) ACT, 1964.

ACT No. VII of 1964

(For statement of Objects and Reasons, see Gaz. of P., 1964, Ext., p. 263 ap. This Act has been applied to the Tribal Areas subject to certain modification, see P.O. No. 2 of 1965.)

[19th August, 1964]

An Act to provide for the conduct of elections to the National Assembly and the Provincial Assemblies

WHEREAS it is necessary to provide for the conduct of elections to the National Assembly and the Provincial Assemblies and for matters connected therewith and incidental thereto:

It is hereby enacted as follows :-

THE SCHEDULE

PART I

  1. The Election Offences and Inquiries Act, 1920 (XXXIX of 1920).

  2. The Electorate Act, 1956 (XXXVI of 1956).

  3. The Electoral Rolls Act, 1957 (XXI of 1957).

PART II

  1. The National and Provincial Assemblies (First Elec tions) Order, 1962 (P. O. No. 4 of 1962).

  2. The Removal of Disqualification (Election) Order, 1962 (P. O. No. 7 of 1962).

  3. The Election to Assemblies (Removal of Disqualifica tion) Order, 1962 (P. O. No. 8 of 1962).

4 The Settlement of Disputes (First Elections) Order, 1962 (P. O. No. 13 of 1962).

  1. The Reserved Seats (First Elections) Order, 1962 (P. O. No. 16 of 1962).

CHAPTER I

PRELIMINARY

1. Short title extent and commencement--------(1) This Act may be called the National and Provincial Assemblies (Elections) Act. 1964.

(2) It extends to the whole of Pakistan.

(3) This section shall come into force at once and the other provisions shall come into force on such date(The 2nd day of January, 1965, see Gaz. of P., 1965, Extra., p. 605s.) as the Cen tral Government may, by notification in the official Gazette, appoint ; and different dates may be appointed for different provisions.

**2. Definitions--------**In this Act, unless there is anything repugnant in the subject or context,-

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

(2) " Assembly " means the National Assembly or a Provincial Assembly

(3) " ballot paper account " means a ballot paper account prepared under sub-section (4) of section 36 ;

(4) "candidate" means a person proposed as a can didate for election to a seat ;

(5) " Commission " means the Election Commission constituted under Article 153 ;

(6) " Commissioner " means the Chief Election Com missioner appointed under Article 147 ;

(7) " constituency " means-

(a) any one of the groups into which the electoral units of a Province have been arranged under section 3 ; or

(b) any one of the zones into which a Province has been divided under section 4 ;

(8) " contestitlg candidate " means a candidate who has been validly nominated and has not withdrawn his candidature ;

(9) " election " means an election to a seat held under this Act ;

(10) " election agent" means an election agent appointed by a candidate under section 22 and, where no such appointment is made, the candidate acting as his own election agent ;

(11) " election petition " means an election petition made under section 57 ;

(12) " elector ", in relation to a constituency, means a person who (The words, figure, and commas ", on the date of the notification under section 6," omitted by the National and Provincial Assemblies (Elec tions) (Amendment) Ordinance, 1965 (1 of 1965), s. 2.)* * * is a constituent for the seat for that constituency under clause (2) of Article 160 or clause (2) of Article 161, as the case may be ;

(13) " Electoral College " means the Electoral College of Pakistan constituted under the Electoral College Act, 1964 ;

(14) " electoral unit" means an electoral unit as delimit ed under the Electoral College Act, 1964 ;

(15) " electors' list " means a list of electors mentioned in sub-section (1) or sub-section (2) of section 10 ;

(16) " nomination day " means the day appointed un der section 11 for the nomination of candidates ;

(17) " polling day " means the day on which poll is taken for an election ;

(18) " polling officer " means a polling officer appointed under section 9 for a polling station ;

(19) " prescribed " means prescribed by rules ;

(20) " presiding officer " means a presiding officer appointed under section 9 for a polling station ;

(21) " reserved seat " means a seat reserved for women under the Constitution ;

(22) " returned candidate" means a candidate who has been declared elected under section 20 or section 41 ;

(23) " Returning Officer " means a Returning Officer appointed under section 7 and includes an Assistant Returning Officer exercising the powers and per forming the functions of a Returning Officer ;

(24) " rules " means rules made under this Act ;

(25) " scrutiny day " means the day appointed under section 1 I for the scrutiny of nomination papers ;

(26) " seat " means the seat of a member of an Assembly ;

(27) " spoilt ballot paper " means a ballot paper which has been spoilt and returned to the presiding officer under section 34 ;

(28) " Tribunal " means an Election Tribunal appointed under section 61 for the trial of an election petition ; and

(29) " withdrawal day " means the day appointed under section 11 on or before which candidature may be withdrawn.

CHAPTER II

DELIMITATION OF CONSTITUENCIES

3. Delemitation of Constituencies------ -(1) As soon as may be after the delimitation of electoral units under the Electoral College Act, 1964, the Commis sioner shall, after making such enquiries and examining such re cords as he may deem necessary and after considering such rep resentations as he may have received arrange (For notification arranging the Electoral Units of the Province of West Pakistan, see Gaz. of P., 1965, Ext., pp. 605 aw and 605aaaa respectively.) the electoral units of each Province- IV of 1964

(a) into one hundred and fifty groups for the purpose of delimiting the Provincial constituencies under clause (1) of Article 160 ; and

(b) into seventy-five groups for the purpose of delimit ing the Central constituencies under clause (1) of Article 161 ;

having regard, so far as practicable, to distribution of population and administrative convenience, so that each such cons tituency is an undivided area and shall publish, in the official Gazette, a preliminary list of constituencies, showing the elec toral units proposed to be included in each such constituency together with a notice inviting objections or suggestions within a period specified therein.

(2) The Commissioner shall, after hearing and considering the objections or suggestions, if any, received by him, make such amendments, alterations or modifications in the preliminary lists published under sub-section (1) as he may consider necessary and may also make such other amendments, alterations or modi fications in the said lists as may be necessary for correcting any error or omission (Subs. by the National and Provincial Assemblies (Elections) (Amend ment) Ordinance, 1965 (1 of 1965), s. 3, for the full-stop.)[ : ]

[Provided that the Commissioner may authorise any member of the Commission to perform his functions, relating to hearing of any objections or suggestions received by him.]( Proviso added ibid.)

(3) After making amendments, alterations or modifica tions, if any, under sub-section (2), the Commissioner shall publish in the official Gazette the final list of constituencies showing the electoral units included in each such constituency.

4. Delimitation of zones for reserved seats------(1) After completing the delimitation of constituencies under section 3, the Commissioner shall divide each Province

(a) into five zones for the purpose of clause (1) of Article 162 ; and

(b) into three zones for tte purpose of clause (2) of Article 162 ;

so that each such zone shall consist of an equal number of con tiguous Provincial constituencies (Ins. by the National and Provincial Assemblies (Elections) (Third Amdt.) Ordinance, 1965 (6 of 1965), s. 2.)[in the case of zones formed under clause (1) of Article 162, and of an equal number of con tiguous Central constituencies in the case of zones formed under clause (2) of Article 162], and shall publish in the official Gazette a preliminary list of zones showing the constituencies included in each such zone together with a notice inviting objec tions or suggestions within a period specified therein.

(2) The Commissioner shall, after hearing and considering the objections or suggestions, if any, received by him, make such amendments, alterations or modifications in the preliminary list as he may consider necessary and may also make such other amendments, alterations or modifications in the said list as may be necessary for correcting any error or mistake.

(3) After making amendments, alterations or modifications, if any, under sub-section (2), the Commissioner shall publish in the official Gazette the final list of zones showing the (The original word "Provincial" omitted by the National and irovin cial Assemblies (Elections) (Third Amdt.) Ordinance, 1965 (6 of 1965), s. 2.)* consti tuencies included in each such zone.

CHAPTER III

CONDUCT OF ELECTIONS

Administrative Arrangements

5. Time for holding elections to casual vacancies------- An election to fill a casual vacancy mentioned in Article 170 shall be held within a period of ninety days following the day on which such vacancy occurs (Subs. by the National and Provincial Assemblies (Elections) (Fourth Amdt.) Ordinance, 1965 (49 of 1965), s. 2, for the full-stop.)[ : ]

[Provided that if a Proclamation of Emergency under Article 30 is in force, such election may be held at any time not later than ninety days from the day on which Proclamation is revoked.]( Proviso added ibid.)

**6. Notification for elections to the Assemblies-----**As soon as may be after the commencement of the period specified in Article 168 or section 5, for holding an elec tion, the Commission shall, by notification in the official Gazette, call upon the electors to elect, before such date as may be specified therein, a person from each constituency to fill the seat for that constituency.

7. Appointment of Returning Officer etc-------(1) The Commission shall appoint, from amongst the officers of the Central Government, Provincial Governments and local authorities, a Returning Officer for each constituency for the purpose of election to fill the seat for that constituency ; and a person may be appointed as Returning Officer for two or more constituencies.

**Explanation.-**In this and the following sections of this Chapter, " constituency " does not include a constituency for a reserved seat.

(2) The Commission may appoint, from amongst the offi cers of the Central Government, Provincial Governments and local authorities, as many Assistant Returning Officers as may be necessary.

(3) An Assistant Returning Officer shall assist the Returning Officer in the performance of his functions under this Act and may, subject to any condition imposed by the Commission, exercise and perform, under the control of the ReturningOfficer, the powers and functions of the Returning Officer.

(4) 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 the Constitution and of this Act and the rules.

8. Polling stations------(1) The Returning Officer shall, before such time as the Commission may appoint, send to the Commission a list of polling stations he proposes to provide in a constituency for the purpose of an election to fill the seat for that constituency.

(2) The Commission may make such alterations in the list of polling stations sent under sub-section (1) as it may consider necessary and shall, at least fifteen days before the polling day, publish in the official Gazette the final list of polling stations specifying the area electors whereof will be entitled to vote at each polling station.

(3) The Returning Officer shall provide each constituency with polling stations according to thc- final list published under sub-section (2).

(4) No polling station shall be located in any such premises as belong to, or are under the control of, any candidate.

9. Presiding Officers and polling officers---(1) A Returning Officer shall appoint for each polling station a presiding officer and such number of polling officers to assist the presiding officer as the Returning Officer may consider necessary:

Provided that a person who is in the employment of any candidate shall not be appointed as a presiding officer or a polling officer.

(2) A presiding officer shall conduct the poll in accordance with the provisions of this Act and the rules, be responsible for maintaining order at the polling station and report to the Return ing 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 polling officer 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 place of the presiding officer if the presiding officer 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 ; and any absence of the presiding officer, and the reasons therefor, shall, as soon as possible after the close of the poll, be reported to the Returning Officer.

(4) The Returning Officer may, at any time during the poll, for reasons to be recorded in writing, suspend any 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. List of electors------(1) The Commission shall provide the Returning L Officer with a list of electors for each constituency.

(2) The Returning Officer shall provide the presiding officer of each polling station with a list of electors entitled to vote thereat.

(3) The copies of electors' list shall be offered for sale at such price as may be prescribed.

(4) Certified copies of the electors' list or of extracts there from shall be furnished in such manner and on payment of such fee as may be prescribed to any person who may apply for the same.

11. Notification of days for different stages of an election ----(1) As soon as may be after the issue of the notification under section 6, the Commission shall, in relation to each constituency, by notification in the official Gazette, appoint-

(a) a day, at least seven days after the date of such noti fication, for the nomination of candidates ;

(b) a day for the scrutiny of nomination papers ;

(c) a day on or before which candidature may be with drawn ; and

(d) a day, at least fifteen days after the withdrawal day, for the taking of the poll.

(2) A Returning Officer shall, as soon as may be after the publication of a notification under sub-section (1), give public notice of the dates appointed by the Commission in respect of the constituency or constituencies of which he is the Returning Officer.

(3) A public notice issued under sub-section (2) shall invite nominations and specify the time before which and the place at which nomination papers shall be received by the Returning Officer and shall be published at some prominent place or places within the constituency to which it relates.

Nomination of Candidates


12. Nomination for election to the Assemblies------(1) Any elector of a constituency may propose or second the name of any duly qualified person to fill the seat for that constituency.

(2) A person is qualified to be elected as a member of an Assembly if-

(a) his name appears-

(i) in the case of the National Assembly, on the electoral roll for any electoral unit ; or

(ii) in the case of a Provincial Assembly, on the elec toral roll for an electoral unit in the Province ; and

(b) he is not less than twenty-five years of age ; and

(c) he is not disqualified from being elected as a member of an Assembly under the Constitution or any other law for the time being in f6rce.

(3) Every proposal shall be made by a separate nomination paper in the prescribed form, signed by the proposer and the secon der and such form shall contain-

(a) a declaration signed by the candidate that he has consented to the nomination and that he is not subject to any disqualification for being, or being elected as, a member of the Assembly, and such declaration shall specify the district and the electoral unit in which he is a voter ; and

(b) an oath or solemn affirmation in the following form, namely :-

"I (A, B,) having been proposed as a candidate to fill a seat in the National Assembly/Provincial Assembly of East/West Pakistan swear in the name of Allah (solemnly affirm) that I will always uphold the sovereignty and integrity of Pakistan and bear true faith and allegiance to the Constitu tion of Pakistan as by law established.".

(4) Every nomination paper shall be delivered by the candi date, or his proposer or seconder, to the Returning Officer who shall acknowledge the receipt of the nomination paper specifying the date and time of receipt.

(5) A person may be nominated in the same constituency by more than one nomination paper:

Provided that no person shall subscribe to more than one nomination paper either as proposer or as seconder ; and if any person subscribes to more than one nomination paper, all such nomination papers, except the one received first by the Return ing Officer, shall be void.

(6) The Returning Officer shall give a serial number to the nomination paper and 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 the scrutiny.

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

13. Deposit----(1) Subject to the provisions of sub-section (2), no nomination paper delivered under section 12 shall be accepted unless-

(a) a sum of rupees-

(i) five hundred for election to a seat in the Provin cial Assembly, and

(ii) one thousand for election to a seat in the National Assembly, 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 oath or solemn affirmation under sub section (3) of section 12 and 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 paper.

14. Scrutiny------(1) The candidates, their election agents, proposers and seconders, and one other person authorised in this behalf by each candidate may attend the scrutiny of nomination papers, and the Returning Officers shall give them reasonable opportunity for examining all nomination papers delivered to him under section 12.

(2) The Returning Officer shall, in the presence of the persons attending the scrutiny under sub-section (1), examine the nomina tion 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 enquiry as he may think fit and reject any nomination paper if he is satisfied that-

(a) the candidate is not qualified to fill the seat for which he has been nominated ;

(b) the proposer or the seconder is not qualified to sub scribe to the nomination paper ;

(c) any provision of section 12 or section 13 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 nomina'ion of a candidate by any other valid nomination paper ;

(ii) the Returning Officer shall not reject a nomina tion 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 enquire into the correctness or validity of any entry in the elec toral roll for an electoral unit prepared under the Electoral College Act, 1964, or in the electors list.

(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 reasons therefor.

(5) Where the nomination of a candidate has been rejected under this section, an appeal shall lie within the prescribed period to the (Subs. by the National and Provincial Assemblies (Elections) (Second Amdt) Ordinance, 1965 (4 of 1965), s. 2, for "Commissioner".)[Commission], and any order passed on such appeal shall be final.

**15. Publication of list of candidates-----**The Returning Officer shall, after the scrutiny of nomi nation papers, prepare and publish in the prescribed manner a. list of candidates who have been validly nominated.

16. Withdrawal------(1) Any candidate whose name is included in the list published under section 15 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 autho rised in this behalf in writing by such candidate, withdraw his candidature.

(2) A notice of withdrawal under sub-section (1) shall, in no circumstances, be open to cancellation.

(3) On receiving a notice of withdrawal under sub-section (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.

(4) The Returning Officer shall, on the day next following the withdrawal day, prepare and publish in such manner as may be prescribed a list of contesting candidates.

17. Retirement from election etc-----(1) A contesting candidate may, by notice in writing signed by him and delivered, on any day not later than seven days before the polling day, is the Returning Officer, either by such candidate in person or by an agent authorised in this behalf in writing by such candidate, retire from the election.

(2) A notice of retirement under sub-section (1) shall, in no circumstances, be open to cancellation.

(3) On receiving a notice of retirement under sub-section (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 and also publish it in such manner as he may think fit.

(4) A candidate in respect of whom a notice of retirement has been published under sub-section (3) shall cease to be a contesting candidate.

18. Death of a candidate after nomination-------(1) If a person validly nominated as a candidate who has not withdrawn his candidature or has not retired from election dies before the close of the poll, the Returning Officer shall, by public notice, terminate the proceedings relating to that election.

(2) Where proceedings relating to an election have been ter minated under sub-section (1), fresh proceedings shall be commenc ed in accordance with the provisions of this Act as if for a new elec tion.

19. Postponement, etc under certain circumstances---- Where the proceedings relating to nomination, scrutiny or withdrawal cannot, for reasons beyond the control of the Re turning Officer, take place on the day appointed therefor, he may postpone or adjourn such proceedings and shall, with the app roval of the (Subs. by the National and Provincial Assemblies (Elections) (Second Aindt.) Ordinance, 1965 (4 of 1965), s. 3, for "Commissioner".)[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.

20. Uncontested election------(1) Where, after scrutiny under section 14, only one person remains as a validly nominated candidate for election to a seat, or where after withdrawal under section 16 or retirement under section 17, only one person is left as a contesting candidate for a seat, 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 make an appeal under sub-section (5) of section 14 against the rejection of his nomination paper, no person shall be declared elected uncontested until the period prescribed 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 sub-section (1).

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

21. Contested election------(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 can didate ; and in so doing shall, so far as possible, have regard for any preference indicated by the candidates;

(b) publish in such manner as the Commission may direct the names of contesting candidates arranged in the alphabetical order specifying against each the symbol allocated to him ; and

(c) give public notice of the poll.

(2) The Returning Officer shall arrange to exhibit promi nently at each polling station the name and symbol of each contesting candidate.

Election Agents and Polling Agents

22. Election agent-------(1) Every candidate may appoint a person, not being a person disqualified to be an election agent under this Act, to be his election agent.

(2) The appointment of an election agent under sub-section (1) may, at any time, be revoked in writing by the candidate and, when it is so revoked or the election agent dies, such candidate may appoint another person to be his election agent.

(3) When an election agent is appointed under sub-section (1) or sub-section (2), 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.

23. Poling agent-------(1) The contesting candidate or his election agent may, Polling before the commencement of the poll, appoint not more than two agent. polling agents for each polling station-and 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, such candidate or the election agent may appoint another person to be a polling agent and give notice thereof in terms of sub-section (1).

24. Functions of the election agent and polling agent------(1) Every election agent shall keep such books of Function accounts entering therein such particulars of receipts and expendi. the electiture as may be prescribed and perform such other functions as are agent required by or under this Act to be performed by an election agent.

(2) A polling agent shall perform such functions as are re quired by or under this Act lobe performed by a polling agent-

**25. Absence of candidate etc., not to invalidate----**Where any act or thing is required or authorised 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.

Poll

**26. Hours of the poll----**The Returning Officer shall, subject to any direction of the Commission, fix the hours during which the poll shall be taken and give public notice of the hours so fixed.

27. Adjourned poll------(1) If, at any time, the poll at the polling station is so interrupted or obstructed for reasons beyond the control of the presiding officer that it cannot be resumed during the polling hours fixed under section 26, he shall stop the poll and inform the Return ing Officer that he has done so.

(2) Where a poll has been stopped under sub-section (1), the Returning Officer shall

(a) immediately report the circumstances to the Com mission ;

(b) as soon as may be appoint, with the approval of the Commission, a day for a fresh poll ; and

(c) fix a place at which and the hours during which such fresh poll shall be taken.

(3) All electors shall be allowed to vote at the, fresh poll taken under sub-section (2) and no vote cast at the poll stopped under sub-section (1) shall be counted.

**28. Election by secret ballot------**The election under this Act shall be decided by secret ballot and every elector shall vote by means of a ballot paper the form whereof shall be specified by the Commission.

29. 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 specified by the Commission.

(3) Not more than one ballot box shall be used at a time for the purpose of the poll at a polling station.

(4) At least half an hour before the time fixed for the com mencement of the poll, the presiding officer shall,

(a) ensure that: every ballot box to be used is empty ;

(b) show the empty ballot box to the contesting candidates and their election agents and polling agents whoever may be present ;

(c) after the ballot box has been shown to be empty, close and seal it ; and

(d) so place the ballot box within his sight in the polling station as to be ready to receive the ballot papers.

(5) If one ballot box is full or cannot further be used for receiving ballot papers, the presiding officer shall seal that ballot box and use another ballot box in the manner laid down in sub section (4).

(6) A presiding officer shall make such arrangements at the polling station that every elector may be able to make his ballot paper in secret before the same is folded and inserted in the ballot box.

**30. Admission to the polling station-----**The presiding officer shall, subject to such instructions Ac as the Commission may give in this behalf, regulate the member of electors to be admitted to the polling station and exclude from the polling station all other persons except-

(a) any person on duty in connection with the election ;

(b) the contesting candidates, their election agents and polling agents ; and

(c) such other persons as may be prescribed or as may generally or specifically be permitted by the Return ing Officer.

31. Maintenance of order at polling stations------(1) Any person who misconducts himself at a polling Main station or fails to obey any lawful orders of the presiding officer may, by order of the presiding officer, be immediately removed static from the polling station by any police officer or by any other person authorised in this behalf by the presiding officer, and the per son so removed shall not, without the permission of the presiding officer, again enter the polling station during the day.

(2) Any person so removed may, if accused of an offence in a polling station, be dealt with as a person arrested without warrant.

(3) The powers under this section shall not be so exercised as to deprive an elector otherwise entitled to vote of an opportunity to vote at that or another polling station.

32. Voting procedure----(1) Where an elector presents himself at the polling Voting station to vote, the presiding officer shall, after satisfying himself about the identity of the elector, give him a ballot paper.

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

(a) a mark shall be placed on the electors' list against the name of the elector to indicate that a ballot paper has been issued to him ;

(b) the ballot paper shall, on its back, be stamped with the official mark and initialled by the presiding officer;

(c) the elector shall put his signature or thumb impression on the counterfoil of the ballot paper ; and

(d) the elector shall, if so requested by any contesting candidate or an election agent or polling agent, show the official mark on the back of the ballot paper to him.

(3) The elector, on receiving a ballot paper, shall-

(a) forthwith proceed to the place reserved for marking the ballot paper ;

(b) secretly put the prescribed mark on the ballot paper against the name and symbol of the contesting candi date for whom he wishes to vote ; and

(c) after he has so marked, fold the ballot paper and insert it in the ballot box.

(4) The elector shall vote without undue delay and shall leave the polling station immediately after he has put his ballot paper into the ballot box.

(5) No elector shall vote at an el&tion-

(a) more than once at the same polling station ; or

(b) at more than one polling station.

(6) All votes cast in contravention of sub-section (5) shall be void.

**33. Voting by incapacitated elector-----**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 anything with such assistance which an elector is required or permitted to do under this Act.

34. Spoilt ballot papers-------(1) An elector who has inadvertently so spoilt his ballot paper that it cannot be used as a valid ballot paper may, upon proving the fact of inadvertence to the satisfaction of the presid ing officer and returning the ballot paper to him, obtain another ballot paper and cast his vote by such other ballot paper.

(2) The presiding officer shall forthwith cancel the ballot paper returned to him under sub-section (1), make a note to that effect on the counterfoil over his own signature and sign the cancelled ballot paper.

**35. Voting after close of poll-----**No person shall be given any ballot paper or permitted to vote after the hour fixed for the close of the poll, except the persons who at that hour are present within the building, room, tent or enclosure in which the polling station is situated and have not voted but are waiting to vote.

36. Procedure on close of poll----(1) Immediately after the close of the poll, that is, as soon as the last of such persons, if any, as are present and waiting to vote as mentioned in section 35, has voted, the presiding officer shall, in the presence of such of the contesting candidates, election agents and polling agents as may be present,-

(a) open the used ballot box or ballot boxes and count the ballot papers taken out therefrom ;

(b) count in such manner as may be prescribed the ballot papers in favour of each contesting candidate exclud ing from the count the ballot papers which bear-

(i) no official mark or initials of the presiding officer;

(ii) any mark by which an elector can be identified ;

(iii) [no prescribed mark]( Subs. by the National and Provincial Assemblies (Elections) (Amdt.) ordinance, 1965 (1 of 1965), s. 4, for "no mark".) indicating 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 ;

(c) put the Allot papers in favour of each contesting candidate in a separate packet indicating the name and symbol of the contesting candidate to whom it relates;

(d) put the ballot papers excluded from the count in a separate packet indicating thereon the total number of . ballot papers contained therein ; and

(e) prepare a statement of the count of votes in favour of each contesting candidate and of the ballot papers excluded from the count and such other statements and packets in such manner as may be prescribed.

(2) The presiding officer shall obtain on each statement and packet prepared under sub-section (1) the signatures of such of the contesting candidates or their election or polling agents as may desire to sign it.

(3) A person entitled to sign a packet under sub-section (2) may, if he so desires, also affix his seal to it.

(4) The presiding officer shall, immediately after compliance with the provisions of sub-section (1), prepare a ballot paper account showing-

(a) the number of ballot papers entrusted to him ;

(b) the number of ballot papers out of the ballot box and counted ; and

(c) the number of unissued ballot papers and spoilt ballot papers.

(5) The presiding officer shall, if so requested by any candi date or election agent or polling agent present, give him a certified copy of the ballot paper account.

(6) The presiding officer shall, immediately after the close of the proceedings under the foregoing sub-sections, cause the state ments, packets and account prepared by him to be sent to the Returning Officer together with such other records as the Return ing Officer may direct.

Counting of Votes

37. Notice regarding the count-----(1) The Returning Officer shall fix the time and place for the counting of votes and give notice thereof in writing to the contesting candidates or their election agents.

(2) The Returning Officer shall give the contesting candidates and their election agents reasonable facilities for observing the count and give them such information with respect thereto as can be given consistently with the orderly conduct of the count and the discharge of his duties in connection therewith.

38. The count------(1) The Returning Officer shall, in the presence of such of the contesting candidates and election agents as may be pre sent,-

(a) open the packets containing the ballot papers men tioned in sub-section (1) of section 36 ;

(b) verify the correctness of the ballot papers account sent to him by the presiding officers ;

(c) examine the lot of ballot papers excluded from the count by the presiding officers and, if he finds that any such ballot paper should not have been exclu ded, put it in the lot of ballot papers in favour of the candidate for whom the vote has been cast thereby.

(2) The Returning Officer shall reject a ballot paper, herein after referred to as " rejected ballot paper ", recording thereon the fact of such rejection if it bears-

(a) no official mark or initial of the presiding officer ;

(b) any mark by which the. elector can be identified ;

(c) [no prescribed mark]( Subs. by the National and Provincial Assemblies (Elections) (Amdt.) Ordinance, 1965 (1 of 1965), s. 5, for "no mark".) indicating the contesting can didate for whom the elector has voted ; or

(d) any mark from which it is not clear for whom the elector has voted.

(3) If any candidate or election agent objects to the rejection of a ballot paper under sub-section (2), the Returning Officer shall add to his endorsement the words "Rejection objected to" giving briefly the reasons for such objection.

(4) The Returning Officer shall proceed with the count of votes in favour of the contesting candidates in the alphabetical order of their names.

(5) The Returning Officer may re-count 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 when the count is complete if in his opinion the request is not unreasonable.

(6) The Returning Officer shall prepare a statement showing the number of rejected ballot papers and, if any contesting candi date or election agent so requests, give him a copy of such state ment.

(7) No person other than the Returning Officer, Assistant Returning Officer, the clerks engaged for the purpose, the contesting candidates and their election agents shall be present at the count.

Final Proceedings

39. Verification of ballot paper account----- -(1) After the close of the count under section 38, the Returning Officer shall-

(a) in the presence of such of the contesting candidates and their election agents as may be present verify, with reference to the number of ballot papers shown in the ballot paper account, the number of ballot papers counted and rejected by him ;

(b) seal in separate packets the ballot papers in favour of each contesting candidate and the rejected ballot papers ;

(c) prepare a statement of the result of the verification; and

(d) if any contesting candidate or election agent so re quests give him a copy of such statement.

(2) The Returning officer shall obtain on each packet and statement prepared under sub-section (1) the signatures of such of the contesting candidates or their election agents as may desire to sign it.

40. Equality of votes------ [(1)] Where after the count (Section 40 renumbered as sub-section (1) of that section by the National and Provincial Assemblies (Elections) (Fourth Amdt.) Ordinance, 1965 (49 of 1965), s. 3.) under section 38 it is found 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 shall forthwith report the fact to the (Subs. by the National and Provincial Assemblies (Elections) (Second Amdt.) Ordinance, 1965 (4 of 1965), s. 4, for "Commissioner who".)[Commission which] shall, if there is no appeal under section 53, direct a fresh poll to be taken in respect of those candidates and fix a date for such fresh poll [as well as the dates on or before which a contesting can didate may withdraw his candidature or retire from the election]. (Added and shall be deemed always to have been so added by Ordi nance 49 of 1965, s. 3.)

[(2) Where after withdrawal or retirement under sub-section (1) only one person is left as a contesting candidate for the seat to which the fresh poll relates, the Returning Officer shall, by public notice, declare such candidate to be elected to the seat.] (Added and shall be deemed always to have been so added by Ordi nance 49 of 1965, s. 3.)

41. Declaration or result------(1) The Returning Officer shall, after obtaining the result of the count, declare by public notice the contesting candi date who has received the highest number of votes and, in the case of a fresh poll under section 40, the majority of votes, to be elected to the seat specifying in such notice the name of, and the total number of votes received by, each contesting candidate.

(2) The Returning Officer shall submit a return of the elec tion to the Commission.

42. Return or forfeiture of deposit------ -(1) After the termination of the proceedings relating to an election under section 18 where the proceedings have been so terminated, or after the declaration of the result of an election under section 20 (Ins. by the National and Provincial Assemblies (Elections) (Fourth Amdt.) Ordinance, 1965 (49 of 1965), s. 4.)[, section 40] or section 41, the deposit made under section 13 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 retired under section 17 (Ins. by the National and Provincial Assemblies (Elections) (Fourth Amdt.) Ordinance, 1965 (49 of 1965), s. 4.)[or section 40] or has received less than one-eighth of the total number of votes cast at the election.

(2) The deposits which are not required to be returned under sub-section (1) shall be forfeited to the Central Government.

Preservation and Inspection of Documents

43. Documents to be sent to and retained by the commissioner-------(1) The Returning Officer shall forward to the Com missioner-

(a) the packets containing the ballot papers ;

(b) the packets containing the counterfoils of issued ballot papers

(c) the packets containing the marked copies of the elec tors list ; and

(d) a packet containing the ballot paper account, the state ment of rejected ballot papers and the statement of the result of the verification.

(2) The Returning Officer shall endorse on each packet for warded under sub-section (1) the description of its contents, the date of the election to which the contents relate, and the name and number of the constituency for which the election was held.

(3) The Commissioner shall, for a period of one year from ,the date of their receipt, retain the documents contained in the packets received under sub-section (1).

44. Public inspection of documents--------(1) The documents retained by the Commissioner under section 43 shall be open to public inspection at such time and subject to such conditions as may be prescribed, and the Com missioner shall, upon an application made in this behalf and on payment of such fee and subject to such conditions as may be prescribed, furnish copies of or extracts from, those documents.

Election to Reserved Seats

45. Election to reserved seats------ The Commission shall, subject to the provisions of Article 169, hold and conduct an election to fill a reserved seat in such manner (Directions for election to the seats reserved exclusively for women issued vide Notifn. No. F. 2 (29)/65-ELS (1), dated the 21st May, 1965, see Gaz. of P., Ext., 1965, pp. 244-249.) as it may think fit.

CHAPTER IV

MEETINGS, ETC.

46. Meetings------(1) Meetings of electors shall be called, as and when necessary, in accordance with such instructions as the Commis sion may give in this behalf, so as to afford, as far as practicable, each contesting candidate equal opportunity to address the electors of his constituency.

(2) In the interest of public order, no person shall convene, call or organise within a constituency any meeting in connection with an election to a seat on the day fixed for a meeting called under sub-section (1).

(3) A meeting called under sub-sepion (1) shall be presided over by such person, being a person in a judicial service in Pakistan or a non-official who is not a partisan in the election, as the person calling the meeting may specify, and shall be open to the (The original words "public including" omitted by the National and Provincial Assemblies (Elections) (Arndt.) Ordinance, 1965 (1 of 1965), s. 6.)* * representatives of the press.

(4) No person shall publish anything relating to a meeting called under sub-section (1) except a correct factual report of its proceedings, nor shall any headlines be given to any such report except for the purpose of designating the meeting to which it relates.

47. Right to address a meeting etc------(1) Any contesting candidate present at a meeting called under section 46 may address the meeting to explain the aims and objects for which he is seeking election, but shall not in such address cast any reflection on any other contesting candidate except to the extent to which it relates to the aims and objects of such other candidate.

(2) Any elector may, at any such meeting addressed by such candidate, ask him any question having a bearing on his candida ture

Provided that the person presiding at the meeting may----

(a) disallow any question which, in his opinion, is calcu lated to scandalize any contesting candidate ; and

(b) prohibit the publication of any question put to a con testing candidate.

CHAPTER V

ELECTION EXPENSES

**48. Definition-------**In this Chapter, "election expense" means any expen- I diture 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 the expenditure on account of issuing circulars or publications or otherwise presenting to the electors the candidate or his views, aims or objects, but does not include the deposit made under section 13.

49. Restriction on election expense------(1) No person shall, except to the extent provided in sub-section (2), make any payment whatsoever towards the election e expense of a candidate except to the election agent of such candi date.

(2) No person other than the election agent of a contesting candidate shall incur any election expense of such candidate:

Provided that-,

(i) a contesting candidate himself may incur a personal expenditure in connection with his election of an amount not exceeding two hundred rupees, and

(ii) any person may, if so authorised in writing specifying a maximum amount by the election agent, to the extent of such amount, make payment for stationery, postage, telegram and other petty expenses.

(3) The election expense of a contesting candidate, excluding the personal expenditure incurred by such candidate, shall not exceed,-

(a) in the case of an election to a seat in a Provincial Assembly ten thousand rupees ; and

(b) in the case of an election to a seat in the National Assembly, fifteen thousand rupees.

(4) Any candidate incurring personal expenditure and any person making any payment under sub-section (2) shall, within fourteen days of the declaration of the result of the election, send to the election agent a statement of such expenditure or particulars of such payment.

(5) An election agent shall vouch for by a bill stating the particulars and by a receipt every payment made in respect of election expense, except where the amount is less than twenty-five rupees.

50. Return of election expense----- -(1) Every election agent of a contesting candidate shall, within thirty-five days after the publication of the name of the returned candidates under section 20 (Ins. by the National and Provincial Assemblies (Elections) (Fourth Amdt.) Ordinance, 1965 (49 of 1965), s. 5.)[, section 40] or section 41, submit to the Returning Officer, a return of election expense in the prescribed form containing-

(a) a statement of all payments made by him together with all the bills and receipts ;

(b) a statement of the amount of personal expenditure, if any, incurred by the conte ting candidate ;

(c) a statement of all disputed claims of which the elec tion agent is aware ;

(d) a statement of all unpaid claims, if any, of which the election agent is aware ; and

(e) a statement of all moneys, securities or equivalent of money received from any person for the purpose of election expense specifying the name of every such person.

(2) The return submitted under sub-section (1) shall be ac companied by an affidavit sworn severally by the contesting can didate and his election agent and, where a contesting candidate is his own election agent, only by such candidate.

51. Inspection of returns etc------(1) The returns and documents submitted under section 50 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 payment of the prescribed fee, give any person copies of any return or document kept under sub-section (1) or of any part thereof.

CHAPTER VI

ELECTION DISPUTES

52. Election not to be questioned except by election petition or appeal------(1) Save as provided in section 53, no election shall be called in question except by an election petition under section 57.

(2) No question that can be raised in an appeal under section 53 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 such court or authority.

53. Appeal--- -(1) A contesting candidate who is aggrieved by any proceeding under section 38 relating to the count may prefer an appeal challenging the count to the (Subs. by the National and Provincial Assemblies (Elections) (Second Amdt.) Ordinance, 1965 (4 of 1965), s. 5, for "Commissioner".)[Commission].

(2) An appeal under sub-section (1) shall be made in such form and presented in sums manner and within such time as may be prescribed.

(3) No appeal shall be received unless a sum of two hundred rupees is deposited in the manner provided in section 13.

(4) The (Subs. by the National and Provincial Assemblies (Elections) (Second Amdt.) Ordinance, 1965 (4 of 1965), s. 5, for "Commissioner".) [Commission] may, after giving the parties concern ed an opportunity of being heard,----

(a) dismiss the appeal ; or

(b) if it is not so dismissed, determine the result of the election on the count of valid votes as corrected and make such consequential orders as may be necessary.

54. Equality of votes----- Where, as a result of the count on an appeal under 1 section 53, it appears that there is an 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 (Subs. by the National and Provincial Assemblies (Elections) (Second Amdt.) Ordinance, 1965 (4 of 1965), ss. 6, 7 and 8 for "Commissioner".)[Commission] shall forthwith direct a fresh poll to be taken in respect of those candidates and fix a date for such fresh poll.

55. Forfeiture or return of deposits------ -(1) Where an appeal is dismissed and the (Subs. by the National and Provincial Assemblies (Elections) (Second Amdt.) Ordinance, 1965 (4 of 1965), ss. 6, 7 and 8 for "Commissioner".)[Commis sion] is of the opinion that the appeal was frivolous or vexatious, (Subs. ibid., s. 7; for "he may".)[it may] order that the whole or any part of the deposit made under sub-section (3) of section 53 shall be forfeited to the Central Government.

(2) Where no order of forfeiture of deposit is made under sub-section (1) or where a residue remains after a part of the deposit has been forfeited, such deposit or residue shall, on an application made in this behalf, be returned to the person making the deposit or to his legal representative.

56. [Commission] to have certain powers of the court-----( Subs. by the National and Provincial Assemblies (Elections) (Second Amdt.) Ordinance, 1965 (4 of 1965), ss. 6, 7 and 8 for "Commissioner".) For the purpose of the disposal of an appeal under section 53, (Subs. ibid., s. 8, for "the commissioner".)[the Commissioner or any member of the Commission who may be authorised to dispose of an appeal] shall have the same powers as are vested in a court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following, that is to say,-

(a) enforcing the attendance of any person and examining him on oath ;

(b) compelling the discovery and production of docu ments, articles or things ;

(c) issuing commissions for the examination of witnesses; and

(d) such other matters as may be prescribed.

57. Election petition-----(1) Subject to the provisions of section 52, any candi date may make an election petition challenging an election for which he was a candidate on one or more of the grounds mentioned in section 72.

(2) An election petition shall be presented to the Commis sioner within such time as may be prescribed and shall be accom panied by a receipt showing that the petitioner has deposited at any branch of the National Bank of Pakistan or at a Government Treasury or sub-Treasury in favour of the Commissioner as secu rity for the cost of the petition a sum of seven hundred and fifty rupees.

**58. 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 allegations, if any, of any corrupt or illegal practice are made, and shall serve personally or by registered post on each such res pondent a copy of his petition.

59. 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 ;

(b) that the election of the returned candidate is 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, for the verification of pleadings. Act V of 1908.

60. Procedure on receipt of petition by the commissioner------(1) The Commissioner shall dismiss an election peti- Protion if he finds that it has not been presented within the time prescribed therefor or is not accompanied by a receipt of the the deposit required under sub-section (2) of section 57.

(2) If an election petition is not dismissed under sub-section (1), the Commissioner shall refer it for trial to a Tribunal appoint ed under section 61

Provided that where more than one election petition is pre sented in respect of the same election in the same constituency all such petitions shall be referred to the same Tribunal and the Tribunal may try such petitions either separately or in one or more groups:

Provided further that an election petition relating to an election from a constituency in one Province shall not be referred to a Tribunal appointed in the other Province.

61. 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 the following three members, namely :-

(a) a Chairman, being a person who is, or has been, or is qualified to be, a Judge of a High Court ;

[(b) a person who has, for a period of not less than ten years, been an advocate of a High Court ; and]( Subs. and shall be deemed always to have been so subs. by the National and Provincial Assemblies (Elections) (Amdt.) Ordinance, 1966 (1 of 1966), s. 2, for the original cl. (b).)

(c) a person who has held office as a District Judge or an Additional District Judge for a period of not less than three years.

(3) A vacancy in a Tribunal shall be filled by appointing a person qualified under sub-section (2) to fill such a vacancy.

(4) Where any appointment is made under sub-section (3), the trial of a petition shall continue before the Tribunal as so re-constituted, and any evidence already recorded shall remain upon the record and it shall not be necessary to re-examine the witnesses who have already been examined and discharged.

(5) If, in the course of the trial of an election petition, any one of the members of the Tribunal is, for any reason, unable to attend any sitting thereof, the trial shall continue before, and deci sion on the petition may be given by, the other two members.

(6) If, upon any matter requiring the decision of the Tribu nal, there is a difference of opinion among its members, the opi nion of the majority shall prevail and the decision of the Tribunal shall be expressed in terms of the view of the majority.

62. 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 in the Province, 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 was 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.

**63. Place of trial-----**The trial of an election petition shall be held at such place or places as the Tribunal may think fit.

**64. Attorney General etc., to assist the Tribunal-----**In the case of an election petition relating to an election to the National Assembly, the Attorney-General for Pakistan, and in the case of such petition relating to an election to a Provin cial Assembly, the Advocate-General for the Province, shall, if the Commissioner so directs, assist the Tribunal at the hearing of the petition in such manner as the Tribunal may require.

**65. 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 pleader or any 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 neces sary, direct any party to appear in person.

66. Procedure before Tribunal------(1) Subject is the provisions of this Act and the rules, every election petition shall be tried, as nearly as may be, in accor dance with the procedure for the trial of suits under the Code of Civil Procedure, 1908: Act V of 1908

Provided that the Tribunal may-

(a) make a memorandum of the substance of the evidence of each witness as his examination proceeds unless it considers that there is special reason for taking down the evidence of any witness in full ; and

(b) refuse to examine a witness if it considers that his evidence is not material or that he has been called on frivolous ground for the purpose of delaying the proceedings.

(2) Subject to the provisions of this Act, the Evidence Act, 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 costs as it may direct, allow a petition to be amend ed 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.

(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 57, as it may think fit.

**67. Dismissal of petition during trial------**The Tribunal shall dismiss an election petition, if-----

(a) the provisions of section 58 or section 59 have not been complied with ; or

(b) the petitioner fails to make the further deposit re quired under sub-section (4) of section 66.

68. 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.

(2) The tribunal shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898. Act V of 1898

(3) For the purpose of enforcing the attendance of wit nesses, the local limits of the jurisdiction of the Tribunal shall be the limits of the Province in which the election was held.

69. Further provision relating ot evidence and witness-----(1) Notwithstanding anything to the contrary contained in any otherlaw for the time being in force, no document shall be inadmissible in evidence at the trial of arf 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 an election petition upon the ground that the answer to such question may incriminate or tend to incriminate him, or that it may expose or tend to expose him to any penalty or forfeiture:

(a) no witness or other person shall be required or per mitted to state for whom he has voted at an election ;

(b) a witness who answers truly all questions which he is required to answer shall be entitled to receive a cer tificate of indemnity from the Tribunal ; and

(c) an answer given by a witness 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 proceeding.

(3) A certificate of indemnity granted to any witness may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IXA of the Pakistan Penal Code, or under this Act, arising out 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 this Act or by any other law for the time being in force. Act XLV of 1860

(4) 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.

70. Recrimination where seat is claumed------(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 the returned candidate or such other party as aforesaid shall not be entitled to give such evidence unless he has, within the fourteen days next following the commencement of the trial, given notice to the Tribunal of-his intention so to do and has also deposited the security referred to in section 57.

(2) Every notice referred to in sub-section (1) shall be accom panied 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 an election petition.

71. Decision of the Tribunal------ 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 other contesting candi date to have been duly elected ; or

(d) declaring the election as a whole to be void.

72. Ground for decision-----(1) The Tribunal shall declare the election of the return ed 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 to the seat in question ; or

(c) the election of the returned candidate has been pro cured or induced by any corrupt or illegal practice ; or

(d) a corrupt or illegal practice has been committed by the returned candidate or his agent or by any other person with the connivance of the candidate or his election agent:

Provided that the election of the returned candidate shall not be declared void on the ground of any corrupt or illegal practice if the Tribunal is satisfied that it was not committed by, or with the consent or connivance of, that candidate or his election agent and that the candidate and the election agent took all reasonable pre caution to prevent its commission:

Provided further that the election of a returned candidate shall not be declared void only on the ground that one or more of the other contesting candidates were, on the nomination day, not qualified for, or were disqualified from, being elected to the seat in question.

(2) 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 pe titioner or any of the respondents and the Tribunal is satisfied that the petitioner or such other contesting candidate was entitled to be declared elected.

(3) The Tribunal shall declare the election as a whole to be void if it is satisfied that the result of the election has been material ly affected by reason of-

(a) the failure of any person to comply with the provisions of the Constitution or this Act and the rules ;

(b) the extensive corrupt or illegal practice at the election.

**73. Decision in case of equality of votes------**Where, after the conclusion of the trial, it appears that there is an equality of votes between two or more contest ing candidates, and the addition of one vote for one such candidate would entitle him to be declared elected, the Tribunal shall so inform the Commissioner ; and the Commissioner shall forthwith direct a fresh poll to be taken in respect of those candi dates and fix a date for such fresh poll.

74. Other Provision relating to Tribunal-------(1) An order of a Tribunal under section 71 shall have immediate effect and shall be communicated to the Com missioner 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 such record for a period of three years from the date of receipt ; and thereafter the record shall be destroyed.

75. 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) If leave is granted, the petitioner shall, if the applica tion has been made to the Tribunal, be ordered to pay the costs of the respondents thereto, or such portion thereof as the Tri bunal may allow.

76. Abatement on death of petitioner-----(1) An election petition shall abate on the death of a sole petitioner or of the sole survivor of several petitioners.

(2) Where a petition abates under sub-section (1) after a Tribunal has been appointed, notice of the abatement shall be given by the Tribunal: the Commissioner.

**77. 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 respon dent remains to contest the petition, the Tribunal shall, without any further hearing, or after giving such persons as it may think fit an opportunity of being heard, decide the case ex parte.

**78. 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 to costs as it may think fit.

79. Order as to costs-----(1) The Tribunal shall, when making an order under section 71, 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 sub-section (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 an 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 therefor by the person who made the deposit or by his legal representative, be returned by the Commissioner to the person making the deposit.

(4) Any order for costs may be enforced upon application in writing made to the principal civil court of original jurisdiction of the district in which the person from whom the costs are to be recovered resides or owns property, or of the district in which the constituency, or any part of the constituency, to which the disputed election relates, is situate, as if such order were a decree passed by that court:

Provided that no proceeding shall be brought under this sub-section except in respect of costs which have not been re covered by an application under sub-section (2).

CHAPTER VII

OFFENCES, PENALTY AND PROCEDURE

**80. Corrupt practice-----**A person is guilty of corrupt practice 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, if he-

(1) contravenes the provisions of section 49 ;

(2) is guilty of bribery, personation or undue influence;

(3) makes or publishes a false statement-

(a) concerning the personal character of a candidate or his relation 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 ;

(b) relating to the symbol of a candidate whether or not such symbol has been allocated to such candidate ; or

(c) regarding the withdrawal of a candidate ;

(4) calls upon or persuades any person to vote, or to refrain from voting, for any candidate on the ground that he belongs to a particular religion, community, race, caste, sect or, tribe ;

(5) knowingly, in order to support or oppose a candi date, lets, lends, employs, hires, borrows or uses any vehicle or vessel for the purpose of conveying electors to or from the polling station, except when-

(a) a person conveys himself or any members of the household to which he belongs to or from the polling station, or

(b) an elector conveys himself or several electors convey themselves to or from the polling station ; or

(6) causes or attempts to cause any person present and waiting to vote at the polling station to depart without voting.

**81. Illegal practice----**A person is guilty of illegal practice punishable with fine which may extend to five hundred rupees, if he-

(1) fails to comply with the provisions of section 50 ;

(2) obtains or procures, or attempts to obtain or procure, the assistance of any person in the service of Pakistan, not being a person mentioned in clause (3) of Article 103, to further or hinder the election of a candidate ;

(3) votes or applies for a ballot paper for voting at an election knowing that he is not qualified for, or is disqualified from, voting ;

(4) votes without previously taking the oath required under Article 159 ;

(5) votes or applies for a ballot paper for voting more than once in the same polling station ;.

(6) votes or applies for a ballot paper for voting in more than one polling station for the same election ;

(7) removes a ballot paper from a polling station during the poll ; and

(8) knowingly induces or procures any person to do any of the aforesaid acts.

**82. Bribery----**A person is guilty of bribery, if he, directly or indi rectly, by himself or by any other person on his behalf,-

(1) receives, agrees or contracts for any gratification for voting or refraining from voting, or for being or refraining from being a candidate at, or with drawing or retiring 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) an elector to vote, or refrain from voting, at an election ; or

(iii) a candidate to withdraw or retire 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) an elector for having voted or refrained from voting at an election ; or

(iii) a candidate for having withdrawn or retired from an election.

**Explanation.----**In this section, " gratification " includes a gratification in money or estimable in money and all forms of entertainment or employment for reward, but does not include the payment of any election expense incurred bona fide and duly entered in the return of election expense.

**83. 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.

84. Undue influence----- A person is guilty of undue influence, if he,-

(1) in order to induce or compel any person to vote or refrain from voting, or to offer himself as a candi date, or to withdraw his candidature, at an election, directly or indirectly, by himself or by any other person on his behalf,

(a) makes or threatens to 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 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 candi date, 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 an elector ; or

(b) compels, induces or prevails upon any elector to vote or refrain from voting.

**Explanation.----**In this section " harm " includes social ostracism or excommunication or expulsion from any caste or community.

**85. Prohibition of canvassing in or near polling station-----**A person is guilty of an offence punishable with fine which may extend to two hundred and fifty rupees, if he, within a radius of four hundred yards of the polling station, on the polling day-

(1) canvasses for votes ;

(2) solicits vote of any elector ;

(3) persuades any elector not to vote at the election or for a particular candidate ; or

(4) exhibits, except with the permission of the Return ing Officer and at a place reserved for the candidate or his election agent beyond the radius of one hundred yards of the polling station, any notice, sign, banner or flag designed to encourage the elec tors to vote, or discourage the electors from voting, for any contesting candidate.

**86. 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 two hundred and fitty rupees, or with both, if he-

(1) uses, in such manner as to be audible within the polling station, any gramophone, megaphone, loud speaker or other apparatus for reproducing or amplifying sounds ;

(2) persistently shouts in such manner as to be audible within the polling station ;

(3) does any act which-

(a) disturbs or causes annoyance to any elector visiting a polling station for the purpose of voting ; or

(b) interferes with the performance of the duty of a presiding officer, polling officer or any other person performing any duty at a polling station ; or

(4) abets the doing of any of the aforesaid acts.

87. Tampering with papers------(1) 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 five hundred rupees, or with both, if he-

(a) fraudulently defaces or destroys any nomination paper, ballot paper or official mark on a ballot paper ;

(b) fraudulently 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 papers in use for the purpose of election ; or

(iii) breaks any seal affixed in accordance with the provisions of this Act';

(d) forges any ballot paper or official mark ;

(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 ; or

(f) fraudulently or without due authority attempts to do any of the aforesaid acts.

(2) A Returning Officer, Assistant Returning Officer, presi ding officer, or any other officer or clerk on duty in connection with the election, who is guilty of an offence under sub-section (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.

**88. Interference with the secrecy of voting------**A person is guilty of an offence punishable with im prisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, if he-

(1) interferes or attempts to interfere with an elector when he records his vote ;

(2) in any mann& obtains or attempts to obtain in a polling station information as to the candidate for whom an elector in that station is about to vote or has voted ; or

(3) communicates at any time any information obtained in a polling station as to the candidate for whom an elector in that station is about to vote or has voted.

**89. Failure to maintain secrecy-----**A Returning Officer, Assistant Returning Officer, presiding officer or polling officer, or any candidate, election agent or polling agent attending a polling station, or any person attending at the counting of votes, is guilty of an offence punish able with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, if he---

(1) fails to maintain or aid in maintaining the secrecy of voting ;

(2) communicates, except for any purpose authorised by any law, to any person before the poll is closed any information as to the official mark ; or

(3) communicates any information obtained at the counting of votes as to the candidate for whom any vote is given by any particular ballot paper.

**90. Official not to act for or against candidates---**A Returning Officer, Assistant Returning Officer, presiding officer, polling officer or any other officer or clerk performing a duty in connection with an election, or any mem ber of a police force, is guilty of an offence punishable with im prisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, if he, in the conduct or management of at) election or maintenance of order at a polling station,-

(1) persuades any person to give his vote ;

(2) dissuades any person from giving his vote ;

(3) influences in any manner the voting of any person ; or

(4) does any other act calculated to further or hinder the election of a candidate.

**91. Breaches of official duty in connection with election-------**A Returning Officer, Assistant Returning Officer, presiding officer or any other person employed by any such offi cer in connection with his official duties imposed by or under this Act, is guilty of an offence punishable with fine which may extend to five hundred rupees, if he, without reasonable cause, does or omits to do any act in breach of any such official duty.

**92. Assistance by Government servant-----**A person in the service of Pakistan not being a person mentioned in clause (3) of Article 103 is guilty of an offence 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, if he, in any manner, gives any assistance calculated to further or hinder the election of a candidate.

**93. Punishment for misconduct at a meeting------**A person is guilty of an offence punishable with im prisonment for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both, if he behaves at a meeting called under section 46 in a manner not conducive to the maintenance of order or misreports any proceeding of such meeting.

**94. Contravention of provisions relatings to meetings etc------**A person is guilty of an offence punishable with im prisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, if he contravenes-

(a) the provisions of sub-section (3) or sub-section (4) of section 46 ; or

(b) an order made under clause (b) of the proviso to sub-section (2) of section 47.

95. Certain Powers of a police officer---- A police officer may-

(1) arrest without warrant, notwithstanding anything contained in the Code of Criminal Procedure, 1898, any person- Act V of 1898

(a) who commits personation or an offence under section 86, if the presiding officer directs him to so arrest such person ;

(b) who, being removed from the polling station by the presiding officer under section 31, commits any offence at that polling station ;

(2) remove any notice, sign, banner or flag used in contravention of section 85 ; and

(3) seize any instrument or apparatus used in contra vention of s section 86 and take such steps, including use of force, as may be reasonably necessary for preventing such contravention.

**96. Certain offences cognizable-----**Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under section- 80 or sec tion 85 or sub-section (1) of section 87 shall be a cognizable offence. Act V of 1898.

97. Prosecution of offences by public officers------(1) No Court shall take cognizance of an offence under sub-section (2) of section 87, section 89, section 90, section 91 or section 92, except upon a complaint in writing made by order of, or under authority from, the Commissioner.

(2) The Commissioner shall, if he has reason to believe that any offence specified in sub-section (1) has been committed, cause such enquiries to be made or prosecution to be insti tuted as he may think fit.

**98. Limitation for prosecution for corrupt or illegal practice----**No prosecution for an offence under section 80 or section 81 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 a Tribunal has made an order in respect of such offence, within three months of the date of such order.

**99. Court to report convictions to the Commissioner------**A court convicting any person for an offence under this Chapter, other than corrupt practice, shall send a report to the Commissioner of such conviction together with its recommen dations, if any, considering the special circumstances of any case, for the mitigation or remission of any disqualification in curred by such person under this Act.

**100. Punishment under this chapter not in derogation of any other liability----**Any punishment imposed on any person for an offence under this Chapter shall be in addition to, and not in derogation of, any liability incurred by such person under any other provision of this Act.

CHAPTER VIII

DISQUALIFICATIONS

**101. Disqualification of wives of Government servants-----**The wife of a person in the service of Pakistan, not being a person mentioned in clause (3) of Article 103, shall be disqualified from being, or being elected as, a member of an Assembly.

**102. Disqualification of persons disqualified under P.O No.13 of 1959------**A person who is, for the time being, disqualified from being a member of an elective body under the Elective Bodies (Disqualifications) Order, 1959, or any other law for the time being in force, shall be disqualified from being, or being elected as, a member of an Assembly.

**103. Disqualification of officials of public statutory corporation-----**A person who is a whole-time salaried official of a public statutory corporation or of a local council shall be dis qualified from being, or being elected as, a member of an Assemb ly.

**104. Disqualification on account of certain offences-----**Where a person has been convicted for any offence under this Act, or has been found guilty of any corrupt or illegal practice by a Tribunal, he shall, if the Commissioner makes an c order to that effect, be disqualified, for such period not exceed ing four years as may be specified in the order, from being, or being elected as, a member of an Assembly.

**105. Disqualification for being an election agent-----**Any person who is for any period disqualified under section 104 from being, or being elected as, a member of any Assembly, shall, during that period, be disqualified from being an election agent.

106. Removal and remission of disqualification-----(1) Notwithstanding anything contained in any other law for the time being in force, no person shall be disqualified from being, or being elected as, a member of an Assembly---

(a) on the ground of his detention under the Security of Pakistan Act, 1952, or any other law relating to preventive detention, if the period of detention does not exceed nine months, or if a period of five years has elapsed since his release from detention; or XXXV of 1952.

(b) on the ground only that he was dismissed, removed or made to retire from the service of Pakistan or of a public statutory corporation, on a charge other than that of inefficiency, if a period of five years has elapsed since his dismissal, removal or retire ment.

(2) The Commissioner may, on an application made in this behalf, remit any disqualification under section 104 incurred for failure to submit the return of election expense as required under Chapter V, or for any error or incorrect statement in such return, if he is satisfied that such failure or error occurred or incorrect statement was made due to circumstances beyond the control of applicant.

**107. Disqualifications to be in addition to those under the constitution----**Any disqualification under this Chapter shall be in addition to, and not in derogation of, the disqualifications specified in Article 103.

CHAPTER IX

MISCELLANEOUS

**108. Commissioner to have also the powers of other officers-----**Notwithstanding anything contained in this Act or in the rules, the Commissioner shall, without prejudice to his other powers, also have the powers exercisable under this Act or the rules by any officer or authority other than the Commission or a Tribunal.

**109. Commission to ensure fair election etc-----**Save as otherwise provided, the Commission 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 its 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.

**110. Delegation of powers by Commission-----**The Commission may authorise the Commissioner or any member of the Commission to exercise and perform all or any of its powers and functions under this Act.

**111. Delegation of powers by Commissioner------**The Commissioner may direct that any of his powers and functions under this Act shall, subject to such conditions, if any, as may be specified by him, be exercisable also by any offi cer or authority subordinate to him.

**112. Jurisdiction of courts barred-----**No court shall question the legality of any action taken by or under the authority of the Commission, Commis sioner, a Returning Officer or presiding officer or any decision given by any of them or by any other officer or authority appoint ed under this Act or the rules.

**113. Protection of action taken in good faith--------**No suit, prosecution or other legal proceeding shall lie against the Commission, the Commissioner or any other per son in respect of anything which is in good faith done or in tended to be done under or in pursuance of this Act or of any rule or order made or any direction given thereunder.

114. Power to make rules------ The Central Government may, in consultation with the Commission, make rules (For the National and Provincial Assemblies (Elections) Rules, 1965, see Gaz. of P., 1965, Ext., pp. 605w-605 ao.) for carrying out the purposes of this Act.

**115. Directions of Commission in certain matters-----**Anything required to be done under this Act for which no provision or no sufficient provision exists shall be done by such authority and in such manner as the Commission may direct.

[116. Commission to be construed as Commissioner in certain cases----( Subs. by the National and Provincial Assemblies (Elections) (Fourth Amdt.) Ordinance, 1965 (49 of 1965), s. 6, for the original s. 116.**)**For the purpose of holding an election to fill a casual vacancy mentioned in Article 170 and, during the period a Com mission is not constituted or after the expiry of the term for which ; a Commission is constituted, for the purposes of sections 53, 54, 55, 56, 114 and 115, reference in this Act to the Commission shall be construed as reference to the Commissioner.]

117. Repeal----- The laws specified in Part I of the Schedule below shall stand repealed upon the commencement of this Act and the laws specified in Part II of that Schedule shall stand repealed on such date (I.e., the 28th May, 1966, see Gaz. of P., 1966, Ext., p. 308,) as the Central Government may, by notification in the official Gazette, appoint.

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