National And Provincial Assemblies (First Elections) Rules 1962

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National And Provincial Assemblies (First Elections) Rules 1962

[Gazette of Pakistan , Extraordinary, 27th March 1962 ]

No. F. 1 (11)/62-ELS. In exercise of the powers conferred by Article 85 of the National and Provincial Assemblies (First Elections) Order, 1962, read with Artiele.86 thereof, the Election Commission is pleased to make the following Rules, namely :

1. Short title and commencement. (1) These irules may be called the National and Provincial Assemblies (Elections) Rules, 1962.

(2) They shall come into force at once.

2. Definitions. In these rules, unless the context otherwise requires

(a) "Article" means an article of the National and Provincial Assemblies (First Elections) Order, 1962 ;

(b) "Form" means a form appended to these rules.;

(c) "Order" means the National and Provincial Assemblies (First Elections) Order, 1962. (President's Order No. 4 of 1962)

3. Nomination paper. Ever nomination paper under Article 11 shall be in Form I.

4. Deposits. (1) The Returning Officer shall maintain a register in Form 11 in which he shall enter every deposit received under Article 12.

(2) In case of cash receipt, the Returning Officer shall issue , receipt in Form II1, and arrange to deposit the amount into the Treasury on the same day, or if it is not possible to do so, on the next working day.

(3) The Head of Account for purposes of deposit in the Treasury by the candidate or the Returning Officer, shall be "P-Deposits and advances Part II Deposits not bearing interest Civil Deposits Deposits in connec tion with elections."

5. Manner of marking ballot papers------

(a) The mark to be put under Article 32 (3) (b) in the appropriate place provided for the purpose in the ballot paper shall be one cross mark (X), and no other mark.

(b) The elector shall mark his ballot paper with a copying pencil or pen to be provided by the presiding officer at the polling station, and not with any other pencil or marking aid.

6. Stray ballot paper. If any ballot paper which has been issued to an elector has not been inserted by him into the ballot box but is found anywhere else in or near the polling station shall be cancelled and accounted for as a spoilt ballot paper.

7. Rejection of ballot paper. Before rejecting any ballot paper under Article 37, the Returning Officer shall allow the candidates and the election agents, whoever may be present, reasonable opportunity to inspect the ballot paper but shall not allow them to handle it or any other ballot paper.

8. Counting of votes.----- (1) The Returning Officer shall maintain a result sheet in Form IV in respect of all ballot papers counted by him.

(2) After the count has been completed and entries relating thereof made in Form IV the Returning Officer shall declare the result.

9. Account of election expenses. (1) The account of election expenses to be kept by all election agent under Article 22 shall be kept in Part A of Form V, and the account of the personal expenses of the candidate referred to in Article 51, shall be kept in Part B of that Form.

(2) All vouchers shall be kept along with the account of election expenses arranged according to the date of payment and serially numbered and such serial numbers shall be entered in the account under column (f) of the account.

(3) It shall not be necessary to give particulars under column (e) of the account in regard to the items of expenditure for which vouchers have not been obtained under Article 50.

10. Return of election expenses. The return of election expenses referred to in Article 54 shall also be in Form V.

11. Affidavits. The affidavits referred to in Article 54 (3) shall be sworn---

(i) by the candidate who is his own election agent in Form VI ;

(ii) by the candidate who employs an election agent in Form VII ; and

(iii) the election agent in Form VIII.

12. Fees for inspection and copies. (1) The fees to be charged under Article 55 shall be as under :

(a) for the inspection of each document, rupee one ; and

(b) for the supply of copies, for the first 200 words or less rupee one, and for every additional 100 words or fraction thereof annas eight.

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

++FORM I++

See rule 3

Nomination

For

*the National Assembly

Election to the Provincial Assembly of East Pakistan

the Provincial Assembly of West Pakistan

to be held under the National and Provincial Assemblies


(First Elections) Order, 1962.

(To be filled in by the proposer)

I hereby nominate as a candidate

for election from **constituency.

(a) Full name of proposer

(b) Serial number, of proposer in Electors' list

(c) Name of candidate's *father/husband

(d) Full postal address of candidate

(e) Full name and postal address of candidate's election agent, if any

  1. I certify that the candidate duly qualified and has consented to
    this nomination.

  2. I attach in original the certificate as in Article 11 (3) of the Order.

Date Signature of proposer.

(To be filled in by the seconder)

I hereby second the nomination of the above mentioned candidate.

(a) Full name of seconder

(b) Serial number of seconder in Electors' list

Date Signature of seconder.

....................................................

RECEIPT

[See Article 11 (5) (a) and (6)]

Serial number of nomination paper

The nomination paper of a candidate for election from ~the~** *National Assembly/East Pakistan /West
Pakistan Provincial Assembly constituency, was delivered to me at my office
(hour) on (date) by the *candidate/
proposer/seconder.

All nomination papers will be taken up for scrutiny at (hour) on (date) at (place). Date Returning Officer.

(To be filled in by the Returning Officer)

This nomination was delivered to me at my office at

(hours) on (date) by being the
*candidate/proposer/seconder.

Date Returning Officer. (Decision of Returning Officer accepting or rejecting the nomination paper on the day fixed for scrutiny).

I have examined this nomination paper in accordance with Article 13 of the Order and decide as follows
............................................................

In case of rejection, state brief reasons)

Date Returning Officer. *Strike off inappropriate alternatives.

**Here insert the name of the constituency.

FORM II

(See rule 4)

FORM OF DEPOSITS REGISTER

|-------|-----------------|-------------------------------|------------------|------------------------------------------------------------------------------------------------------|--------------------------------|--------------------------------| | Sl.No | Candidates Name | Sl. Nos. of Nominations filed | Amount deposited | Particulars of the Bank or Treasury Receipt or if received in cash of the receipt issued in Form III | Signature of Returning Officer | Disposals (and remarks if any) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 |

FORM III

(See rule 4) S1. No.

No. & name of constituency .. Received the sum of Rs, (in words) in cash

Sum received from on behalf of

Deposited by a candidate for election (No. and

Sl. No. of Deposits Register name of constituency) and entered in Deposits Register undo;

Candidate's name S1. No

(Seal) Returning Officer.

Date Signe of R.O.

Date

FORM IV

(See rule 8)

RESULT SHEET

the National Assembly

from the constituency.

|------------|------|-------|----------|-------|----------|-------|----------|-------|----------|-------|----------|-------| | Polling Station || Number of ballot papers found in the packets of ||||||| Total per Polling Station |||| | Serial No. | Name | A || B || C || D | |||| | | | Valid | Rejected | Valid | Rejected | Valid | Rejected | Valid | Rejected | Valid | Rejected | Total | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | | 1 2 3 4 ||||||||||||| | Number of valid votes polled by ||||||||||||| | Total votes polled `A' `B' `C 'D' ||||||||||||| | Place . Returning Officer Date .. Strike off inappropriate alternatives. Here enter candidates names. |||||||||||||

FORM V

(See rules 9 and 10)

RETURN OF ELECTION EXPENSES

*the National Assembly

Name of the candidate Name of the Election Agent

Address of candidate Address of the Election Agent

PART A. ACCOUNT OF ELECTION EXPENSES

|------------------------------------------------|-------------------------------|------------------------------------------------------------------------------------------------|-------------------------|---------------------------------------|---------------------------------------------------------------------|---------------------------------------------------------------------|----------------------------------------------------------------------------------| | The date on which expenditure was incurred (a) | The nature of expenditure (b) | The amount of expenditure The amount paid (i) the amount outstanding (ii) total of (i) or (ii) | The date of payment (d) | The name and address of the payee (e) | The serial number of bills if any in the case of amount outstanding | The serial number of bills if any in the case of amount outstanding | The name and address of the person to whom the amount outstanding is payable (h) | | PART C.------STATEMENT OF DISPUTED CLAIMS |||||||| | The date on which the claim is alleged to have arisen ||| Name and address of the claimant || The nature of the claim | The amount of the claim | Grounds on which the claim is disputed | | PART D.------STATEMENT OF UNPAID CLAIMS |||||||| | The date on which the claim arose || The name and address of the claimant || The nature of the unpaid claim || The amount of the unpaid claim | The reasons for non payment of the claim | | PART E. STATEMENT OF MONEY ETC. RECEIVED BY THE ELECTION AGENT |||||||| | The date on which the money securities or equivalent of money was received by the election agent. || Name and address of the persons from whom money etc. was received || The amount of money or value of securities etc. || For what specific purposes was the money etc. received. ||

FORM VI

(See rule 11)

Affidavit to be sworn by the candidate who acts as his own election agent.

I (name), having been a candidate in the
election to the National Assembly/Provincial Assembly of East Pakistan/ West Pakistan from the constituency make oath and say (declare on solemn affirmation) :

  1. In the aforementioned election I acted as my own election agent and all expenses incurred, all moneys, securities or things of value received, all payments made, all claims settled and all accounts maintained in the course of or in connection with the election were incurred, received, made, settled and maintained by me or within my knowledge and under my control and direction.

  2. All information given and all entries made in the return of election expenses and all vouchers, bills and other documents lodged by me with that return are within my knowledge and belief, true and genuine.

Signature of the candidate.

Sworn (declared on solemn affirmation) before me this

day of .. by .. ..who is personally known to me (or who has been identified by ..
who is personally known to me).

Signature.

++FORM VII++

(See rule 11)

Apdavit to be sworn by the candidate who employs an election agent.

I .. (name), having been a candidate in the
election to the National Assembly/Provincial Assembly of East Pakistan/ West Pakistan from the constituency make
oath and say (declare on solemn affirmation)

  1. In the aforementioned election I appointed Mr (name) of (address) as my
    election agent and all expenses (except my personal expenses) incurred, all moneys, securities, things of value received, all payments made,, all claims settled and all accounts maintained in the course of or in connection with the election were incurred, received, settled and maintained by him or made, under his control and direction.

  2. The information given in the statement of personal expenses in the return of election expenses made by the said election agent has been supplied by me and is within my knowledge and` belief, true and genuine.

  3. All other information in the Return of Election Expenses is to the best of my knowledge and belief, true.

day of by who is

personally known to me (or who has been identified by
who is personally known to me),

FORM VIII

Affidavit to be sworn by an election agent.

I (name), of (address)

having acted as an election agent of Mr a
candidate at the election to the National Assembly/Provincial Assembly of East Pakistan/West Pakistan from the constituency make oath and say (declare on solemn affirmation)

  1. In the aforementioned election, all expenses (other than the personal expenses of the candidate) incurred, all moneys, securities and other things of value received, all payments, made, all claims settled and all accounts maintained in the course of or in connection with the election were incurred, received, made, settled and maintained by me or within my knowledge and under my control or direction.

  2. The information given and entries made in the statement of personal expenses of the candidate contained in the Return of Election Expenses and vouchers, bills and documents pertaining thereto have been supplied to me by the said candidate.

  3. All information given, and all entries made by me in the Return of Election Expenses and all vouchers and bills and other documents lodged by me with that return are within my knowledge and belief, true and genuine.

Signature of the Election Agent.

day of by who is personally known to me (or who has been identified by who is. personally known to me).

a~vr,uo, awl. .

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