Category: preamble

THE REPRESENTATION OF THE PEOPLE ACT, 1976

(ACT NO.LXXXV OF 1976)
January 4,1977

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

WHEREAS It is expedient to provide for the conduct of elections to the National Assembly and the Provincial Assemblies and to guard against corrupt and illegal practices
and other offences at or in connection with such elections and for the determination of doubts and disputes arising out of or in connection with such elections, and other matters arising out of or connected therewith :-

It is hereby enacted as follows.

CHAPTER I
PRELIMINARY

1. Short title, extent, application and commencement.-(1)This Act may be called the Representation of the People Act,1976.

(2) It extends to the whole of Pakistan.

(3) It shall apply to the general elections to the National Assembly and the Provincial Assemblies to be held under the Constitution and to the bye-elections to be held to the seats in those Assemblies falling vacant after the general elections.

(4) It shall come into force at once.

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

(i) “Article” means Article of the Constitution;

(ii) “Assembly ” means the National Assembly or a Provincial Assembly for a province ;

(iii) “ballot paper account” means ballot paper account prepared under sub-section (10)of section 38;

(iv) “candidate” means a person proposed as a candidate for, or seeking election as a member;

(v) “Commission” means the Election Commission constituted under Article 218;

(vi) “Commissioner” means the Chief Election Commissioner appointed under the Constitution and includes

(i) the person continuing in the office of Chief Election Commissioner by virtue of Article 275; and

(ii) a Judge of the Supreme Court nominated under Article 217 to act as Chief Election Commissioner;

(vii) “constituency” means a constituency delimited under the Delimitation of Constituencies Act,1974 (XXXIV of 1974);

(viii) “contesting candidate” means a validly nominated candidate who has not withdrawn his candidature;

(ix) “election” means election to a seat of a member held under this Act;

(x) “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;

(xi) “election petition” means an election petition made under section 52:

(xii) “elector”, in relation to a constituency, means a person who is enrolled on the electoral roll for any electoral area in that constituency;

(xiii) “electoral roll” means an electoral roll prepared, revised or corrected under the Electoral Rolls Act,1974 (XXI of 1974);

(xiv) “member” means member of an Assembly;

(xv) “nomination day” means the day appointed under section 11 for the nomination of candidates;

(xvi) “polling agent” means a polling agent appointed under section 23;

(xvii) “polling day” means the day on which poll is taken for an election;

(xviii) “polling officer” means a polling officer appointed under section 9 for a polling station;

(xix) “prescribed” means prescribed by rules made under this Act;

(xx) “Presiding Officer” means a Presiding Officer appointed under section 9 for a polling station and includes an Assistant Presiding Officer; exercising the powers and performing the functions of Presiding Officer;

(xxi) “returned candidate” means a candidate who has been declared elected as a member under this Act;

(xxii) “Returning Officer” means a Returning Officer appointed under section 7 and includes an Assistant Returning Officer exercising the powers and performing the functions of Returning Officer;

(xxiii) “scrutiny day” means the day appointed under section 11 for the scrutiny of nomination papers ;

(xxiv) “spoilt ballot paper” means a ballot paper which has been spoiled and is returned to the Presiding Officer under section 36;

(xxv) “Tribunal” means an Election Tribunal appointed under section 57 for the trial of election petitions;

(xxvi) “validly nominated candidate” means a candidate whose nomination has been accepted; and

(xxvii) “withdrawal day” means a day appointed under section I I on or before which candidature may be withdrawn.

CHAPTER II
ELECTION COMMISSION

3. Procedure of the Commission.-(1)Subject to the provisions of this section,
   the Commission shall regulate its procedure.

(2) If, upon any matter requiring a decision of the Commission, there is difference of opinion among its members, the opinion of the majority shall prevail and the decision of the Commission shall be expressed in terms of the opinion of the majority.

(3) The Commission may exercise its powers and perform its functions notwithstanding that there is a vacancy in the office of any one of its members or that any one of its members is, for any reason, unable to attend its proceedings and the decision of the other two members shall have the effect of the decision of the Commission:

Provided that, in the event of a difference of opinion between the two members attending the proceedings of the Commission, the matter shall be placed for decision before the Commission.

4. Delegation of powers, etc.-The Commission may authorise its Chairman or any of its members or any of the officers of the Commission to exercise and perform all or any of its powers and functions under this Act.
5. Assistance to the Commission.-(1)All executive authorities in the Federation and in the Provinces shall render such assistance to the Commissioner and the Commission in the discharge of his or their functions as may be required of them by the Commissioner or the Commission.

(2) The Commissioner or the Commission may require any person or authority to perform such functions or render such assistance for the purposes of this Act as he or it may direct.

6. Power to requisition property.-(1)The Provincial Government or an officer authorised by it in this behalf may, upon a request made in this behalf by the Commission, by order in writing, requisition any such vehicle, vessel or animal as is needed or is likely to be needed for the purpose of transporting to and from any polling station ballot boxes or other election material or any officer or other person engaged for the performance of any duties in connection with the election

Provided that no vehicle, vessel or animal which is being used by a candidate or his election agent for any purpose connected with the election of such candidate shall be so requisitioned.

(2) Any person authorised in this behalf by the Provincial Government may take possession of any vehicle, vessel or animal requisitioned under sub-section (1) and may for that purpose use such force, including police force, as may be reasonably necessary.

(3) Where any vehicle, vessel or animal is requisitioned under sub-section (1), there shall be paid to the owner thereof compensation the amount of which shall be determined by the Provincial Government or the officer requisitioning the vehicle, vessel or animal on the basis of the fares and rates prevailing in the locality for its hire:

Provided that, where the owner of the vehicle, vessel or animal, being aggrieved by the amount of compensation so determined makes an application to the Provincial Government within a period of thirty days from the date the amount has been determined for the matter being referred to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Provincial Government may determine.

CHAPTER III
APPOINTMENT OF RETURNING OFFICER,ETC.

7. Appointment of District Returning Officer and Returning Officer, etc.-(1) The Commission shall appoint, from amongst the officers of the Federal Government, Provincial Governments, corporations controlled by any such Government and local authorities, a District Returning Officer for each District and a Returning Officer for each constituency

Provided that a person may be appointed as Returning Officer for two or more constituencies.

(2) The Commission may appoint, from amongst the Officers of the Federal Government, Provincial Governments, corporations controlled by such Government 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 Returning Officer, 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 this Act and the rules.

(5) Subject to the superintendence, direction and control of the Commission, the District Returning Officer shall coordinate and supervise all work in the district in connection with the conduct of elections and shall also perform such other duties and functions as may be entrusted to him by the Commission.

(6) The Commission or the Commissioner may, at any time, for reasons to be recorded in writing, suspend any officer performing any duty in connection with an election, or any other public functionary, or any member of the police force or any other law-enforcing agency who obstructs or prevents or attempts to obstruct or prevent the conduct of fair and impartial poll or interferes or attempts to interfere with an elector when he records his vote, or influences in any manner the polling staff or an elector or does any other act calculated to influence the result of election, and make such arrangements as it or he may consider necessary for the performance of the functions of the officer so suspended.

(7) Where the Commission or the Commissioner suspends any officer under sub-section (6),the Commission or the Commissioner shall refer the matter to the appropriate authority for taking disciplinary action against such officer.

8. Polling stations.-(1)The Returning Officer shall, before such time as the Commission may fix, submit to the District Returning Officer a list of polling stations he proposes to provide in a constituency for the purpose of election of a member, for that constituency.

(2) Subject to the direction of the Commission, the District Returning Officer may make such alterations in the list of polling stations submitted under subsection (1)as he deems necessary and shall, at least fifteen days before the polling day, publish in the official Gazette the final list of polling stations specifying the electoral area the electors whereof will be entitled to vote at each polling station.

(3) The Returning Officer shall establish in each constituency polling stations according to the final list published under sub-section(2).

1[(4)A polling station shall be situated in a Government building for the constituency and, where no Government building is available for the purpose, an improvised polling station shall be set up on a public property.

Provided that no polling station shall be located in any premises which belong to, or are under the direct or indirect control of, any candidate.]

9. Presiding Officers and Polling Officer.-(1)A Returning Officer shall appoint for each polling station a Presiding Officer and such number of Assistant Presiding Officers and polling officers 2[from amongst the officers of the Federal Government, Provincial Governments, local governments and corporations established or controlled by such Governments] to assist the Presiding Officer as the Returning Officer may consider necessary :

Provided that a person who is, or has at any time been, in the employment of any candidate shall not be appointed as a Presiding Officer, Assistant Presiding Officer or polling officer.

(2) A list of such Presiding Officers and polling officers shall be submitted to the District Returning Officer at least fifteen days before the polling day for its approval and no
change in the personnel shall be made except with the approval of the Commission.

(3) A Presiding Officer shall conduct the poll in accordance with the provisions of this Act and the rules, shall be responsible for maintaining order at the polling station and shall report to the Returning 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 Assistant Presiding officer and it shall be the duty of such Assistant Presiding Officer to perform the functions so entrusted.

(4) The Returning Officer shall authorise one of the Assistant Presiding 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 reason therefor, shall, as soon as possible after the close of the poll, be reported to the Returning Officer.

(5) The Returning Officer may, at any time during the poll, for reasons to be recorded in writing, suspend any Presiding Officer, Assistant 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. Supply of electoral rolls.-(1) The Commission shall provide the Returning Officer for each constituency with copies of electoral rolls for all the electoral areas within the constituency.

(2) The Returning Officer shall provide the Presiding Officer of each polling station with copies of electoral rolls containing the names of the electors entitled to vote at that polling station.

CHAPTER IV
CONDUCT OF ELECTIONS

11. Notification for election.-(1) As soon as 3[may be necessary and practicable] the President makes an announcement of the date or dates on which the polls shall be taken, the Election Commission 4[,not later than thirty days of such announcement] shall, by notification in the official Gazette, call upon a constituency to elect a representative or representatives, and appoint-

(a) the last date for making nominations, which shall be the sixth day after the date of publication of the notification or, if that day is a public holiday, the next succeeding day which is not public holiday;

(b) the dates for the scrutiny of nominations, which shall be the seven days immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday.

(c) 5[****] Omitted.

(d) the last date for filing of appeals against acceptance or rejection of nominations, which shall be the fourth day following the last date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday ;

(e) the last date for decision of appeals, which shall be the 6[seventh] day following the last date for filing of appeals or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(ee) the last date for the withdrawal of candidature, which shall be the day following the last date for decision of appeals or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(f) the last date for publication of the revised list of candidates, which shall be the
second day following the last date for decision of appeals; and

(g) the date or dates on which a poll shall, if necessary be taken, which or the first of which shall be a date not earlier than the twenty-second day after the publication of the revised list of candidates.

(3) 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 specified by the Commission in respect of the constituency or constituencies of which he is the Returning Officer; and the public notice shall be published at some prominent place or places within the constituency to which it relates.

(4) A Returning Officer shall, by the public notice given under sub-section (3)invite nominations specifying the time by which and the place at which nomination papers shall be received by him.

11A. Alteration in election programme.-Notwithstanding anything contained in section 11,the Commission may at any time after the issue of a notification under sub-section (1)of that section, make such alterations in the programme announced in that notification for the different stages of the election as may, in its opinion, be necessary.

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

7[(2) Every nomination shall be made by a separate nomination paper in the prescribed form which shall be signed both by the proposer and the seconder and shall, on solemn affirmation made and signed by the candidate, accompany

(a) a declaration that he has consented to the nomination and that he fulfils the qualifications specified in Article 62 and is not subject to any of the disqualifications specified in Article 63 or any other law for the time being in force for being elected as a member;

(b) 8[****] Omitted.

(c) a declaration that no loan for an amount of two million rupees or more, obtained from any bank, financial institution, cooperative society or corporate body in his own name or in the name of his spouse or any of his dependents, or any business concern mainly owned by him or the aforesaid, stands unpaid for more than one year from the due date, or has got such loan written off;

(d) a declaration that he, his spouse or any of his dependents or a business concern mainly owned by him or the aforesaid, is not in default in payment of government dues or utility charges, including telephone, electricity, gas and water charges of an amount in excess of ten thousand rupees, for over six months, at the time of filing of nomination papers;

(e) a statement specifying his educational qualifications, occupation, National Identity Card number and National Tax Number, if any, alongwith attested copies thereof; and

(f) a statement of his assets and liabilities and those of his spouse and dependents on the prescribed form as on the preceding thirtieth day of June;

Explanation.-For the purpose of this section, the expression (i) “loan ” shall mean any loan, advance, credit or finance obtained or written off on or after the 31st day of December,1985,but shall not include the loan the recovery of which has been stayed or suspended by any order of a court or tribunal, including the High Court and the Supreme Court ;

(ii) “mainly owned ” shall mean holding or controlling a majority interest in
a business concern ;

(iii) “taxes ” include all taxes levied by Federal Government, Provincial Government or a local government, but shall not include taxes the recovery of which has been stayed or suspended by any order of a court or tribunal;

(iv) “government dues and utility charges ” shall, inter alia, include rent, charges of rest houses or lodges owned by the Federal Government, Provincial Governments, local governments or corporations established or controlled by such governments, but shall not include the government dues and utilities charges the recovery of which has been stayed or suspended by any order of a court or tribunal.]

(3) Every nomination paper shall be delivered to the Returning Officer by candidate or by his proposer or seconder or, if so authorized in writing by the candidate, by his nominee, and the Returning Officer shall acknowledge receipt of the nomination paper specifying the date and time of receipt.

(4) A person may be nominated in the same constituency by not more than five
nomination papers.

(5) 9[****] Omitted.

(6) The Returning Officer shall assign a serial number to every 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 scrutiny.

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

10[(8)The nomination form and accompanying declarations and statements shall be open to inspection by the public, and copies thereof may be made available by the Commission in such manner and on payment of such fee as may be prescribed.]

13. Deposits.-(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) four thousand for election to a seat in the National Assembly; and

(ii) a two thousand for election to a seat in the Provincial 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 bank draft for a sum as aforesaid drawn in favour of the Returning Officer or 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 deposit under sub-section (1)shall be required in the case of a person who has been nominated as a candidate for the same seat by more than one
nomination paper.

14. Security.-(1)The candidates, their election agents, the proposers and seconders and one other person authorised in this behalf by each candidate 11[and an elector who has filed an objection to the nomination of a candidate] may attend the scrutiny of nomination papers, and the Returning Officer shall give them reasonable opportunity for examining all nomination papers delivered to him under section 12:

12[Provided that an elector who has filed an objection to the nomination of a candidate shall only attend the scrutiny of the nomination paper of that candidate.]

(2) The Returning Officer shall, in the presence of the persons attending the scrutiny under sub-section (1),examine the nomination 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, 13[either by an elector or] by any person referred to in sub-section (1),conduct such summary enquiry as he may think fit and may reject nomination paper if he is satisfied that

(a) the candidate is not qualified to be elected as a member;

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

(c) any provision of section 12 or section 13 has not been complied with 13[or submits any false or incorrect declaration or statement in any material particular];or

(d) the signature of the proposer or the seconder is not genuine:

Provided that:

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

14[(la) the Returning Officer may, for the purpose of scrutiny, require any agency or authority to produce any document or record;]

(ii) the Returning Officer shall not reject a nomination paper on the ground of any defect which is not of a substantial nature and may allow any such defect to be remedied forthwith, including an error in regard to the name, serial number in the electoral roll or other particulars of the candidate or his proposer or seconder so as to bring them in conformity with the corresponding entries in the electoral roll; and

(iii) the Returning Officer shall not enquire into the correctness or validity of any entry in the electoral roll.

15[(3A)Notwithstanding anything contained in sub-section (3),where a candidate deposits any amount of loan, tax or utility charges payable by him before rejection of his nomination paper on the ground of default in payment of such loan, taxes or utility charges, such nomination paper shall not be rejected for default thereof.]

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

(5) A candidate, may prefer an appeal against the decision of the Returning Officer rejecting or, as the case may be, accepting the nomination paper of the candidate to the Tribunal constituted for the constituency to which the nomination relates and consisting of not less than two nor more than three Judges of the High Court nominated by the Commissioner, with the approval of the President; and such appeal shall be summarily decided within such time as may be notified by the Commission and any order passed thereon shall be final.

16[(5A) If, on the basis of any information or material brought to its knowledge by any source, a Tribunal constituted under sub-section (5)is of the opinion that a candidate whose nomination papers have been accepted is a defaulter of loan, taxes government dues or utility charges or has had any loan written off or suffers from any other disqualification from being elected as a member of an Assembly, it may, on its own motion, call upon such candidate to show cause why his nomination papers may not be rejected, and if the Tribunal is satisfied that the candidate is actually a defaulter as aforesaid or has had a loan written off or suffers from any disqualification, it may reject the nomination papers.]

(6) An appeal not disposed of within the period specified in sub-section (5)shall be deemed to have been rejected.

(7) Announcement of the day and time appointed for the hearing of an appeal under sub-section (5)over the radio or television or by publication in the press shall be deemed to be sufficient notice of the day and time so appointed.

14A. 17[****] Omitted.

15. Publication of list of candidates.-(1)The Returning Officer shall, after the scrutiny of nomination papers, prepare and publish in the prescribed manner a list of validly nominated candidates.

(2) In case an appeal against the decision of the Returning Officer is accepted by the Tribunal referred to in sub-section (5)of section 14 the Returning Officer shall revise the list of validly nominated candidates accordingly.

(3) The Returning Officer shall, on the second day following the last date for decision of appeal under sub-section (5)of section 14,prepare and publish in the prescribed manner the revised list of validly nominated candidates.

16. Withdrawal.-(1)Any validly nominated candidate may, by notice in writing signed by him and delivered to the Returning Officer on or before the withdrawal date either by the candidate himself or through an advocate duly authorized in writing by him, withdraw his candidature.

Explanation.- Authorisation in favour of an advocate shall be attested by a competent authority, such as, Oath Commissioner or a Notary appointed under the Notaries Ordinance 1961 (XIX of 1961).

(2) A notice of withdrawal under sub-section (I )shall, in no circumstances, be open to recall or 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 a conspicuous place in his office.

(4) The Returning Officer shall, on the withdrawal day, prepare and publish in the prescribed manner a list of contesting candidates which shall, if there are more than one contesting candidates, indicate their respective symbols and supply a copy of the list to each of them.

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

(2) No person who has given a notice of retirement under sub-section (1) shall be allowed to cancel the notice.

(3) The Returning Officer shall upon receiving a notice of retirement under sub-section (1) cause a copy thereof to be affixed at some conspicuous place in his office and also to be published in such manner as he may think fit.

(4) A person in respect of whom a notice of retirement has been published under sub-section (3),shall be deemed to have withdrawn his candidature under section 16.

18. Death of a candidate after nomination.-(1)If a contesting candidate dies before the day for taking of the poll, the Returning Officer shall, by public notice, terminate the proceedings relating to that election.

(2) Where the proceedings relating to an election have been terminated under sub-section (1),fresh proceedings shall be commenced in accordance with the provisions of this Act, as if for a new election:

Provided that it shall not be necessary for the other contesting candidates to file fresh nomination papers or make a further deposit under section 13.

19. Postponement, etc., under certain circumstances.-(1) Where the proceedings relating to nomination, scrutiny or withdrawal cannot, for reasons beyond the control of the Returning Officer, to be recorded in writing, take place on the day appointed therefor he may postpone such proceedings.

(2) When the proceedings are postponed by the Returning Officer under sub-section (1), he shall inform the Commission of his having done so and the Commission shall, by notification in official Gazette, fix another day for the proceedings so postponed and if necessary, also the day or days for any subsequent proceedings.

20. Uncontested election.-(1)Where, after scrutiny under section 14, there remains only one validly nominated candidate or where, after withdrawal under section 16 or retirement under section 17, there remains only one contesting candidate, 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 file an appeal under sub-section (5)of section 14 against the rejection of his nomination paper, no person shall be declared elected until the period appointed 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, after such inquiry as it may deem necessary in any case, publish in the official Gazette the name of the candidate declared elected under sub-section (2).

18[20A. Candidate to file certificate of party affiliation.-Each contesting candidate, before seeking allotment of prescribed symbol, shall file a declaration before the Returning Officer about his party affiliation, if any, along with a certificate from the political party showing that he is a party candidate from the constituency.]

21. Contested election and allocation of symbols.-(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 candidate; and in so doing shall, so tar as possible, have regard for any preference indicated by the candidate at the time of filing his nomination papers;

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

(c) give public notice of the poll:

Provided that the Commission may, on an application made to it in this behalf, allot one of the prescribed symbols to any political party or a combination of two or more political parties who have agreed to put up joint candidates for election.

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

(3) 19[****] Omitted.

(4) 20[****] Omitted.

22. Election Agent.-(1)A candidate may appoint a person qualified to be elected as a member to be his election agent.

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

(3) When an election agent is appointed, 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. Polling agent.-(1)The contesting candidate or his election agent may, before the commencement of the poll, appoint for each polling station as many polling agents as may be prescribed and shall give notice thereof in writing to the Presiding Officer.

Proviso 21[*] Omitted.

(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, another person may be appointed by the candidate or the election agent to be a polling agent; and a notice of such appointment shall be given to the Presiding Officer.

24. Absence of candidates etc., not to invalidate acts, etc.-Where any act or thing is authorised by this Act 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.
25. One day poll.-Polls for a general election for an Assembly shall be held on the same day and the polls for National Assembly seats and the Provincial Assembly seats may be held simultaneously:
    Provided that, if the Commission is satisfied that polls cannot take place in a constituency on account of a natural calamity or for any other reason beyond its control, the Commission may fix another day for holding the poll in that constituency.
26. Hours of the poll.-The Commission shall fix the hours, which shall not be less than eight, during which the poll shall be held and the Returning Officer shall give public notice of the hours so fixed and hold the poll accordingly.
27. Stopping of the poll.- (1)The Presiding Officer of a polling station shall stop the poll and inform the Returning Officer that he has done so if –

(a) the poll at the polling station is, at any time, 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;and

(b) any ballot box used at the polling station is unlawfully taken out of the custody of the Presiding Officer, or is accidentally or intentionally destroyed, or is lost or is damaged or tampered with to such an extent that the result of the poll at the polling station cannot be ascertained.

(2) Where a poll has been stopped under sub-section (1)the Returning Officer shall immediately report the circumstances to the Commission and the Commission shall direct a fresh poll at that polling station, unless it is satisfied that the result of the election has been determined by the polling that has already taken place at that polling station, taken with the result of the polling at other polling stations, in the same constituency.

(3) Where the Commission orders a fresh poll under pub-section (2),it shall, by notification in the official Gazette,

(a) appoint a day for a fresh poll and fix the place at which and the hours during which such fresh poll shall be taken; and

(b) the Returning Officer shall give public notice of the day so appointed and the
place and hours so fixed.

(4) At a fresh poll taken under sub-section (3)at a polling station all electors entitled to vote there at shall be allowed to vote and no vote cast at the poll stopped under sub-section (1) shall be counted; and the provisions of this Act and the rules and orders made thereunder shall apply to such fresh poll.

28. Election by secret ballot.-An election under this Act shall be decided by secret ballot and, subject to the provisions of section 29 every elector shall cast his vote by inserting in accordance with the provisions of this Act, in the ballot box, a ballot paper in the prescribed form.
29. Postal ballot.-(1)The following persons may cast their votes by postal ballot in such manner as may be prescribed, namely:

(a) a person referred to in sub-section (3) or sub-section (4) or subsection (5) of section 7 of the Electoral Rolls Act,1974 (XXI of 1974); and

(b) a person appointed by the Returning Officer, including police personnel, for the performance of any duty in connection with an election at polling station other than the one at which he is entitled to cast his vote.

(2) An elector who, being entitled to do so, intends to cast his vote by postal ballot shall,

(a) in the case of a person referred to in clause (a)of sub-section (1),within such time as may be specified by the Commission soon after the issue of the notification under section 11;and

(b) in the case of a person referred to in clause (b) of sub-section (1),as soon as may be after his appointment, apply to the Returning Officer of the constituency in which he is an elector for a ballot paper for voting by postal ballot; and every such application shall specify the name of the elector, his address and his serial number in the electoral roll.

(3) The Returning Officer shall immediately upon the receipt of an application by an elector under sub-section (2)send by post to such elector a ballot paper and an envelope bearing on its face a form of certificate of posting, showing the date thereof, to be filled in by the proper official of the Post Office at the time of posting by the elector.

(4) An elector on receiving his ballot paper for voting by postal ballot shall record his vote in the prescribed manner and, after so recording, post the ballot paper to the Returning Officer in the envelope sent to him under sub-section (3),so as to reach the Returning Officer before the consolidation of results by him.

30. 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 approved by the Commission.

(3) Not more than one ballot box shall be used at a time for the purpose of the poll at any polling station, or at any polling booth, where there are more than one polling booths at a polling station.

(4) Before the time fixed for the commencement 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 or polling agents whoever may be present, and record their statements in this behalf in the prescribed form and obtain their signatures on them;

(c) after the ballot box has been shown to be empty, close and seal it with his own seal and with the seal of such of the candidates, or their election agents or polling agents as may be present and may desire to put their own seals on it; and

(d) place the ballot box so as to be conveniently accessible to the electors, and at the same time within his view and within the view of such candidates or their election agents or polling agents as may be present.

(5) If one ballot box is full or cannot further be used for receiving ballot papers, the Presiding Officer shall seal that ballot box with his own seal and with the seals of the candidates or their polling agents who may wish to seal it and keep it in a secure place in the polling station 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 secretly mark his ballot paper before folding and inserting it in the ballot box.

31. Admission to the polling station.-The Presiding Officer shall, subject to such instructions as the Commission may give in this behalf, regulate the number of electors to be admitted to the polling station at a time and shall 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 specifically permitted by the Returning Officer.

32. Maintenance of order at the polling station.-(1)The Presiding Officer shall keep order at the polling station and may remove or cause to be removed any person who misconducts himself at a polling station or fails to obey any lawful orders of the Presiding Officer.

(2) Any person removed under sub-section (1)from a polling station shall not, without the permission of the Presiding Officer, again enter the polling station during the poll and shall, if he is accused of an offence in polling station, be liable to be arrested without warrant by a Police Officer.

(3) The powers under this section shall be so exercised not to deprive an elector of an opportunity to cast his vote at the polling station at which he is entitled to vote.

33. Voting procedure.-(1)Where an elector presents himself at the polling station to vote, the Presiding Officer shall issue a ballot paper to the elector after satisfying himself about the identity of the elector and shall, for that purpose, require the elector to produce his identity card provided for in the National Registration Act,1973 (LVI of 1973) 22[or issued under the National Database and Registration Authority Ordinance, 2000 (VIII of 2000)].

(2) Before a ballot paper is issued to an elector

(a) 23[****] Omitted.

(b)the number and name of the elector as entered in the electoral roll shall be called out;

(c) the entry relating to the elector on the electoral roll shall be struck off to indicate that a ballot paper has been issued to him;

(cc) he shall be required to receive a personal mark, made with indelible ink, on any finger of either hand as indicated by the Commission;

(d) the ballot paper shall be stamped on its back with the official mark and signed by the Presiding Officer; and

(e) the Presiding Officer shall record on the counterfoil of the ballot paper the number of the elector on the electoral roll the number of National Identity Card of the elector, stamp it with the official mark, sign it and obtain on it the thumb impression of the elector.

(3) A ballot paper shall not be issued to a person who-

(a) fails or refuses to produce his identity card provided for in the National Registration Act,1973 (LVI of 1973) 24[or issued under the National Database and Registration Authority Ordinance,2000 (VIII of 2000)];.

(b) 25[****] Omitted.

(c) refuses to put his thumb impression on the counterfoil or whose thumb bears traces of its having already been used for putting an impression; or

(d) refuses to receive the personal mark with indelible ink or who already bears such a mark or traces of such a mark.

(4) If a contesting candidate or his election agent or polling agent alleges that an elector to whom a ballot paper is about to be issued already has one or more ballot papers
in his possession, the Presiding Officer may require the elector to satisfy him that he does not have any other ballot paper in his possession and may also take such measures as he
thinks fit to ensure that such elector does not insert more than one ballot paper in the ballot box.

(5) On receiving the ballot paper, the elector shall (a)forthwith proceed to the place reserved for marking the ballot paper;

(b) put the prescribed mark on the ballot paper at any place within the space containing the name and symbol of the contesting candidate for whom he wishes to vote; and

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

(6) The elector shall vote without undue delay and shall leave the polling station immediately after he has inserted his ballot paper in the ballot box.

(7) 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 with such assistance anything which an elector is required or permitted to do under this Act.

34. Tendered ballot papers.-(1)if a person representing himself to be an elector applies for a ballot paper when another person has already represented himself to be that elector and has voted under the name of the person so applying, he shall be entitled, subject to the provisions of the section to receive a ballot paper (hereinafter referred to as “tendered ballot paper ” in the same manner as any other elector.

(2) A ballot paper issued under sub-section (1) shall, after it has been marked and folded by the elector, be placed in the same condition in separate packet bearing the label “Tendered Ballot Paper ” instead of being placed in the ballot box and shall not be included in the count by the Presiding Officer or the Returning Officer.

(3) The name of the person applying for a ballot paper under sub-section (1)and his number on the electoral roll shall be entered in a list (hereinafter referred to as “the tendered votes list “)to be prepared by the Presiding Officer.

35. Challenge of electors.-(1) If, at the time a person applies for ballot paper for the purpose of voting, a candidate or his polling agent declares to the Presiding Officer that he has reasonable cause to believe that person has already voted at the election, at the same or another polling station, or is not the person against whose name entered in the electoral roll he is seeking to vote, and undertakes to prove the charge in a court of law and deposits with the Presiding Officer in cash a sum of two rupees, the Presiding Officer may, after warning the person of the consequences and obtaining on the counterfoil, his thumb impression and if he is literate also his signature issue a ballot paper (hereinafter referred to as “challenged ballot paper “)to that person.

(2) If the Presiding Officer issues a ballot paper under sub-section (1)to such person he shall enter the name and address of that person in a list to be prepared by him (hereinafter referred to as “the challenged votes list “)and obtain thereon the thumb impression and, if he is literate, also the signature of that person.

(3) A ballot paper issued under sub-section (1) shall, after it has been marked and folded by the elector, be placed in the same condition in a separate packet bearing the label “Challenged Ballot Papers “,instead of being placed in the ballot box.

36. Spoilt ballot paper.-(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 Presiding 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 signatures and sign the cancelled ballot paper, and place it in a separate packet bearing the label “Spoilt Ballot Papers “.

37. Voting after close of poll.-No person shall be given any ballot paper or be 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.
38. Proceedings at the close of poll.-(1)The Presiding Officer shall count the votes immediately after the close of the poll in the presence of such of the contesting candidates, election agents and polling agents as may be present.

(2) The Presiding Officer shall give such of the contesting candidates, election agents and polling agents as may be present reasonable facility of observing the count and give them such information with respect thereto as can be given consistent with the orderly conduct of the count and the discharge of his duties in connection therewith.

(3) No person other than the Presiding Officer, the Polling Officer, any other person on duty in connection with the poll, the contesting candidates, their election agents and polling agents shall be present at the count.

(4)The Presiding Officer shall

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

(b) open the packet bearing the label “Challenged Ballot Papers “and count them;

(c) count, in such manner as may be prescribed, the-votes cast in favour of each contesting candidate excluding from the count the ballot papers which bear

(i) no official mark and signature of the Presiding Officer ;

(ii) any writing or any mark other than the official mark, the signature of the Presiding Officer and the prescribed mark or to which a piece of paper or any other object of any kind has been attached ;

(iii) no prescribed mark to indicate 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:

Provided that a ballot paper shall be deemed to have been marked in favour of a candidate if the whole or more than half of the area of the prescribed mark appears clearly
within the space containing the name and symbol of that candidate and, where the prescribed mark is divided equally between two such spaces, the ballot paper shall be deemed invalid.

(5) The Presiding Officer may recount 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 if, in his opinion, the request is not unreasonable.

(6) The valid ballot papers cast in favour of each contesting candidate shall be put in separate packets and each such packet shall be sealed and shall contain a certificate as to the number, both in letters and figures, of the ballot papers put in it and shall also indicate the nature of the contents thereof, specifying the name and symbol of the contesting candidate to whom the packet relates.

(7) The ballot papers excluded from the count shall be put in a separate packet indicating thereon the total number both in letters and figures of the ballot papers, contained therein.

(8) The packets mentioned in sub-sections (6)and (7)shall be put in a principal packet which shall be sealed by the Presiding Officer.

(9) The Presiding Officer shall, immediately after the count, prepare a statement of the count in such form as may be prescribed showing therein the number of valid votes polled by each contesting candidate and the ballot papers excluded from the count.

(10) The Presiding Officer shall also prepare in the prescribed form a ballot paper account showing separately

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

(b) the number of un-issued ballot papers;

(c) the number of ballot papers taken out of the ballot box or boxes and counted;

(d) the number of tendered ballot papers;

(e) the number of challenged ballot papers; and

(f) the number of spoilt ballot papers.

(11) The Presiding Officer shall give a certified copy of the statement of the count and the ballot paper account to such of the candidates, their election agents or polling agents as may be present and obtain a receipt for such copy.

(12) The Presiding Officer shall seal in separate packets-

(a) the un-issued ballot papers;

(b) the spoilt ballot papers;

(c) the tendered ballot papers;

(d) the challenged ballot papers;

(e) the marked copies of the electoral rolls;

(f) the counterfoils of used ballot papers;

(g) the tendered votes list;

(h) the challenged votes list; and

(i) such other papers as the Returning Officer may direct.

(13) The Presiding Officer shall obtain on each statement and packet prepared under this section the signature of such of the contesting candidates or their election agents or polling agents as may be present and, if any such person refuses to sign, the Presiding Officer shall record that fact.

(14) A person required to sign a packet or statement under sub-section (13)may,
if he so desires, also affix his seal to it.

(15) After the close of the proceedings under the foregoing subsections, the Presiding Officer shall, in compliance with such instructions as may be given by the Commission in this behalf cause the packets, the statement of the count and the ballot paper account prepared by him to be sent to the Returning Officer together with such other records as the Commission may direct.

39. Consolidation of results.-(I)The Returning Officer shall give the contesting candidates and their election agents a notice in writing of the day, time and place fixed for the consolidation of the results, and, in the presence of such of the contesting candidates and election agents as may be present consolidate in the prescribed manner the results of
    the count furnished by the Presiding Officers, including therein the postal ballots received by him before the time aforesaid.

(2) The consolidation proceedings shall be held without any avoidable delay as soon as possible after the polling day.

(3) Before consolidating the results of the count, the Returning Officer shall examine the ballot papers excluded from the count by the Presiding Officer and, if he finds that any such ballot paper should not have been so excluded, count it as a ballot paper cast in favour of the contesting candidate for whom the vote has been cast thereby.

(4) The Returning Officer shall also count the ballot papers received by him by post in such manner as may be prescribed and include the votes cast in favour of each contesting candidate in the consolidated statement except those which he may reject on any of the grounds mentioned in sub-section (4)of section 38.

(5) The ballot papers rejected by the Returning Officer under sub-section (4) shall be shown separately in the consolidated statement.

(6)The Returning Officer may recount the ballot papers-

(a) upon the request of, or challenge in writing made by, a contesting candidate or his election agent, if the Returning Officer is satisfied that the request or the challenge is reasonable; or

(b) if so directed by the Commission, in which case the recount shall be held in such manner and at such place as may be directed by the Commission.

40. Resealing of packets and supply of copies.-The Returning Officer shall-

(a) immediately after preparing the consolidated statement and the return of election, reseal in the prescribed manner the packets and statements opened by him for the purpose of consolidation, permitting such of the candidates and their election agents as may be present to sign the packets and affix their seals to such packets; and

(b) supply duly attested copies of the consolidated statement and the return of election to such of the candidates and their election agents as may be present.

41.Equality of votes.-(1) Where, after consolidation of the results of the count under section 39,it appears 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 or the Commission, as the case may be, shall forthwith draw a lot in respect of such candidates and the candidate on whom the lot falls shall be deemed to have received the highest number of votes entitling him to be declared elected.

(2)The lot shall be drawn in the presence of such of the contesting candidates and their election agents as may be present.

(3) The Returning Officer or the Commission, as the case may be, shall keep, record of the proceedings and obtain thereon the signature of such of the candidates and election agents as have been witness to the proceedings, and if any such person refuses to sign, such fact shall be recorded.

42. Declaration of results.-(1)The Returning Officer shall, after obtaining the result of the count under section 39 or of the drawal of the lots under section 41,intimate the results of the count to the Commission which shall declare by public notice the contesting candidate who has or is deemed to have received the highest number of votes to be elected.

(2) The public notice shall contain the name of, and the total number of votes received by, each contesting candidate as a result of consolidation under section 39 or as a result of drawal of lots under section 41.

(3) The Returning Officer shall, immediately after the count, submit to the Commission a copy of the consolidated statement in the prescribed form.

26[(3A) Every returned candidate shall, within ten days from the poll of an election, submit a return of election expenses in accordance with the provisions of section 50.]

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

27[Provided that the result of a returned candidate shall not be published who fails to submit the return of expenses specified in subsection (3A)].

28[42A.Yearly submission of statements of assets and liabilities.(1)Every member shall, on a form prescribed under clause (f)of sub-section (2)of section 12,submit a statement of assets and liabilities of his own, his spouse and dependents annually to the Commission by the thirtieth day of September each year.

(2) The statements of assets and liabilities submitted under sub-section (1)shall be published in the official Gazette and copies thereof may be obtained on payment of prescribed fee.

(3) The Commissioner shall, by the fifteenth day of October each year; notify the names of the members who fail to file statements of assets and liabilities within the period specified in sub-section (1)and by an order, direct that such member shall cease to function till such statement is submitted.

(4) Where a member submits the statement of assets and liabilities under sub-section (1) which is found to be false in material particulars, he may be proceeded against under section 82 for committing the offence of corrupt practice.]

43. 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 and the contesting candidate does not want to utilise his security deposit for a subsequent
    election, or after the declaration of the result of an election under section 20 or section 42 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 received less than one-eight of the total number of votes cast at the election.

Provided that a deposit shall not be required to be returned after six months of the termination of the proceedings or, as the case may be, the declaration of the result of the election, as aforesaid.

(2) A deposit which is not required to be returned under sub-section (1) shall be forfeited to the Federal Government.

44. Documents to be sent to, and retained by, the Commission.-The Returning Officer shall forward to the Commission

(a) the packets containing the ballot papers each of which shall be sealed with the seal of the Presiding Officer, or, if opened by the Returning Officer, with the seal of the Returning Officer;

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

(c) the packets containing the marked copies of the electoral rolls;

(d) the packets containing the ballot paper account;

(e) the packets containing the tendered ballot papers, the challenged ballot papers, the tendered votes list and the challenged votes list; and

(f) such other papers as the Commission may direct.

(2) The Returning Officer shall endorse in each packet forwarded 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 Commission shall retain the documents contained in the packets received under subsection (1)for a period of one year from the date of their receipt and thereafter shall, unless otherwise directed by a Tribunal, cause them to be destroyed.

45. Public inspection of documents.-The documents retained by the Commission under section 44,except the ballot papers, shall be open to public inspection at such time and subject to such conditions as may be prescribed, and the Commission 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.
46. Order for production of documents.-(1) A Tribunal may order the opening of packets of counterfoils and certificates or the inspection of any counted ballot papers.

(2) An order under sub-section (1)may be made subject to such conditions as to persons, time, place and mode of inspection, production of documents and opening of packets as the Tribunal making the order may think expedient Provided that in making and carrying into effect an order for the inspection of counted ballot papers, care shall be taken that no vote shall be disclosed until it has been held by the Tribunal to be invalid.

(3) Where an order is made under sub-section (1),the production by the Commission of any document in such manner as may be directed by the order shall be conclusive evidence that the document relates to the election specified in the order and any endorsement on any ballot papers or packet of ballot papers or documents so produced shall be prima facie evidence that the ballot papers or documents are what the endorsement states them to be.

(4) The production from proper custody of a ballot paper purporting to have been used at an election and of a numbered counterfoil bearing the signature or thumb impression of the elector shall be prima facie evidence that the elector whose vote was given by that ballot paper was the elector who had on the electoral rolls the same number as was written on the counterfoil.

(5) Save as is provided in this section no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the Commission.

29[CHAPTER V-A
ELECTION TO RESERVED SEATS

47A. Party lists for reserved seats, etc.-(1) For the purpose of election to seats reserved for women and non-Muslims in the National Assembly and Provincial Assemblies, the political parties contesting election for such seats shall, within the period fixed by the Election Commission for submission of nomination papers, file separate lists of their candidates in order of priority for seats reserved for women and non-Muslims with the Chief Election Commissioner or, as he may direct, with the Provincial Election Commissioner, who shall forthwith cause such lists to be published for information of the public at large.

(2) The parties’ lists referred to in clause (1)may contain as many names of additional candidates as a political party may deem necessary for contesting seats reserved for women and non-Muslims to provide for any disqualification of candidates during scrutiny of nomination papers or for filling of any vacant seat during the terms of National Assembly and Provincial Assemblies, as the case may be.

(3) Where a seat reserved for women or non-Muslims in the National Assembly or a Provincial Assembly falls vacant for death, resignation or disqualification of a member, it shall be filled in by the next person in order of precedent from the party’s list of the candidates submitted to the Election Commission under clause (1).

(4) Every candidate contesting election on a seat reserved for women or non-Muslims shall, alongwith the nomination papers and other relevant documents, submit to the Returning Officer appointed by the Election Commission in this behalf

(a) a copy of the party list of the candidate ‘s political party for such seats;

(b) declarations and statements as required by law or rules in support of the nomination; and

(c) the fee required under any law for the time being in force for filing nomination papers.]

CHAPTER VI
ELECTION EXPENSES

30[48.Definitions.-For the purpose of this Act, “election expenses ” means any expenditure incurred before, during and after an election 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, but does not include the deposit made under section 13.

49. Restriction on election expenses.-(1)No person other than the candidate shall incur any election expenses of such candidate:

Provided that where any person incurs any election expenses on behalf of such candidate, whether for stationery, postage, telegrams, advertisement, transport or for any other item whatsoever, such expenses shall be deemed to be the election expenses incurred by the candidate himself.

(2) The election expenses of a contesting candidate shall not exceed, in the case of an election to a seat in the National Assembly, one million and five hundred thousand rupees and, in the case of an election to a seat in a Provincial Assembly, one million rupees.

(3) A candidate shall, through bills, receipts and other documents, vouch for every payment made in respect of election expenses, except where the amount is less than five hundred rupees.

50. Return of election expenses.-(1)Every contesting candidate, other than the returned candidate, shall submit the return of his election expenses within thirty days of the publication of the name of the returned candidate.,

(2) The return of election expenses of the returned candidate referred to in sub-section (3A)of section 42 and of every contesting candidate referred to in sub-section (1)shall be submitted to the Returning Officer in the prescribed form containing

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

(b) a statement of all disputed claims;

(c) a statement of all unpaid claims, if any; and

(d) a statement of all moneys, securities or equivalent of money received from, or spent, by any person for the benefit of the candidate, specifying the name of every such person.

(3) The returns submitted under sub-section (2)shall be accompanied by an affidavit of the candidate in the prescribed form.

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 free.

(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)].

CHAPTER VII
ELECTION DISPUTES

52. Election petition.-No election shall be called in question except by an election petition made by a candidate for that election (hereafter in this Chapter referred to as the petitioner.

(2) An election petition shall be presented to the Commissioner within forty-five days of the publication in the official gazette of the name of the returned candidate and shall be accompanied 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, under the prescribed head of account, as security for the costs of the petition, a sum of one thousand rupees:

53. Presentation of petition.-(1)An election petition shall be presented by a petitioner and shall be deemed to have been presented

(a) when it is delivered in person to the Secretary to the Commission or to such other officer as may be appointed by the Commission in that behalf,

(i) by the petitioner; or

(ii) by a person authorised in writing in this behalf by the petitioner; or

(b) when delivered by registered post to the Secretary to the Commission or to such other officer as aforesaid.

(2) An election petition, if sent by registered post, shall be deemed to have been presented in time if it is posted within the period specified in sub-section (2)of section 52.

54. 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 any allegation of any corrupt or illegal practice is made and shall serve personally or by registered post on each such respondent a copy of the petition.

Explanation.-In this section and in the following provisions of this chapter, “corrupt or illegal practice” means a “corrupt practice” or an “illegal practice” within the meaning of Chapter VIII.

55. 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 (Act V of 1908),for the verification of pleadings.

56. Procedure on receipt of petition by the Commissioner.-(1) If the Commissioner finds that any provision of section 52,section 53 or section 54 has not been complied with, the petition shall be dismissed forthwith.

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

57. 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) An Election Tribunal shall consist of a person who has been, or is, or, at the time of his retirement as a District and Sessions Judge, was qualified to be, a Judge of a High Court.

58. Power to transfer petition.-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 and the Tribunal to which the election petition is so transferred

(a) shall proceed with the trial of the petition from the stage from which it is transferred; and

(b) may, if it thinks fit, recall and examine any of the witnesses already examined.

59. Place of trial.-The trial of an election petition shall be held at such place or places as the Tribunal may think fit.
60. Advocate-General to assist the Tribunal.-The Advocate-General for a Province shall, if a Tribunal so requires, assist the Tribunal at the hearing of an election petition in such manner as it may require.
61. 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 any other 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 necessary, direct any party to appear in person.

62. Procedure before Tribunal.-(1)Subject to the provisions of this Act and the rules, every election petition shall be tried in accordance with the procedure laid down by the Election Commission.

(2) Subject to the provisions of this Act, the Evidence Act,1872 (I of 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 fee as it may direct, allow a petition to be amended 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, so however that no new ground of challenge to the election is permitted to be raised.

(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 52,as it may think fit.

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

(a) the provisions of section 54 or section 55 have not been complied with; or

(b) if the petitioner fails to make the further deposit required under subsection (4)
of section 62.

64. Power of the Tribunal.-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),and shall be deemed to be a civil court within the meaning of sections 476,480 and 482 of the Code of Criminal Procedure,1898 (Act V of 1898).
65. Further provision relating to evidence and witnesses.-(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no document shall be inadmissible in evidence at the trial of an 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 forefeiture; but no witness shall be required or permitted to state for whom he has voted at an election.

(3) A witness who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the Tribunal and an answer given by him 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 proceedings.

(4) A certificate of indemnity granted to any witness under sub-section (3)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 (Act LXV of 1860),or under this Act, arising out of the matters to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by any law for the time being in force.

(5) 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.

66. Recrimination where seat is claimed.-(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 or it 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 52.

(2) Every notice referred to in sub-section (1)shall be accompanied 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.

67. Decision of the Tribunal.-(1)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 candidate to have been duly elected; or

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

31[(lA)The Election Tribunal shall proceed with the trial of the election petition on day to day basis and the decision thereof shall be taken within four months from its receipt

Provided that where the delay in the proceedings is occasioned by any act or omission of a returned candidate or any other person acting on his behalf, the Tribunal shall refer to the Commissioner that such candidate may be declared by the Commission to have ceased to perform the functions of his office either till the conclusion of the proceedings or for such period as the Commission may direct.]

(2) Save as provided in sub-section (3),the decision of a Tribunal on an election
petition shall be final.

(3) Any person aggrieved by a decision of the Tribunal may, within thirty days of the announcement of the decision, appeal to the Supreme Court and the decision of the Supreme Court on such appeal shall be final.

Explanation.-In this sub-section, “decision of the Tribunal ” shall not be deemed to include an order made by the Commission in the exercise of its powers under section 103AA.

68. Ground for declaring election of returned candidate void.-(1)The Tribunal shall declare the election of the returned 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 as a member; or

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

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

(2) The election of a returned candidate shall not be declared void on the ground

(a) that any corrupt or illegal practice has been committed, 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 precaution to prevent its commission; or

(b) that any of the other contesting candidates was, on the nomination day not qualified for or was disqualified from, being elected as a member.

69. Ground for declaring a person other than a returned candidate elected.-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 petitioner or any of the respondents and the Tribunal is satisfied that the petitioner or such other contesting candidate was entitled to be declared elected.
70. Ground for declaring election as a whole void.-The Tribunal shall declare the election as a whole to be void if it is satisfied that the result of the election has been materially affected by reason of

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

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

71. Decision in case of equality of votes.-(1) Where, after the conclusion of the trial, 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 Tribunal shall draw a lot in respect of such candidates and the candidate on whom the lot falls shall be deemed to have received the highest number of votes entitling him to be declared elected.

(2) Before proceeding to draw a lot under sub-section (1),the Tribunal shall give notice to the contesting candidates between whom there is an equality of votes and shall proceed to draw a lot on the day and at the time and place stated in the notice:

Provided that, if the contesting candidates are present when it appears that there is an equality of votes between them, the Tribunal may proceed forthwith to draw a lot without giving notice as aforesaid.

72. Other provisions relating to Tribunal.-(1)An order of the Tribunal under section 67 shall take effect on the date on which it is made and shall be communicated to the Commissioner 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 it for a period of five years from the date of its receipt and shall thereafter cause it to be destroyed.

73. Withdrawal of petition.-(1)An election petition may be withdrawn-

(a) before the Tribunal has been appointed, by leave of the Commissioner; and

(b) after a Tribunal has been appointed, by leave by the Tribunal.

(2) Where leave is granted by the Tribunal,the petitioner shall be ordered to pay the costs incurred by the respondents to the election petition or such portion thereof as the Tribunal may direct.

74. 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 to the Commissioner.

75. 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 respondent remains to contest the petition, the Tribunal shall, without any further hearing, or after giving such person as it may think fit an opportunity of being heard, decide the case ex-parte.
76. 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.

32[76A. Additional powers of Election Tribunal.-(1)If an Election Tribunal, on the basis of any material coming to its knowledge from any source or information laid before it, is of the opinion that a returned candidate was a defaulter of loan, taxes, government dues or utility charges, or has submitted a false or incorrect declaration regarding payment of logbook loans, taxes, government dues or utility charges, or has submitted a false or incorrect statement of assets and liabilities of his own, his spouse or his dependents under section 12, it may, on its own motion or otherwise, call upon such candidate to show cause why his election should not be declared void and, if it is satisfied that such candidate is a defaulter or has submitted false or incorrect declaration or statement, as aforesaid, it may, without prejudice to any order that may be, or has been made on an election petition, or any other punishment, penalty or liability which such candidate may have incurred under this Act or under any other law for the time being in force, make an order

(a) declaring the election of the returned candidate to be void ;and

(b) declaring any other contesting candidate to have been duly elected.

(2) If on examining the material or information referred to in sub-section (1),an Election Tribunal finds that there appear reasonable grounds for believing that a returned candidate is a defaulter or has submitted a false or incorrect declaration referred to in sub-section (1) it may, pending decision of the motion under subsection (1),direct that the result of the returned candidate shall not be published in the official Gazette.

(3) No order under sub-section (1)or sub-section (2)shall be made unless the returned candidate is provided an apportunity of, being heard.]

77. Order as to costs.-(1)The Tribunal shall when making an order under section 67,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 application in writing in that behalf made to the Tribunal 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 Tribunal to the person making the application.

(4) Any order for costs maybe 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 arc 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 recovered by an application under subsection (2).

CHAPTER VIII
OFFENCE, PENALTY AND PROCEDURE

78. Corrupt practice.-A person is guilty of corrupt practice if he

33[(1). contravenes the provisions of section 49;]

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

(3) makes or publishes a false statement

34[or submits false or incorrect declaration in any particular material ]

(a) concerning the personal character of a candidate or any of 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; 35[**]

(c) regarding the withdrawal of a candidate; 34[or ]

34[(d) in respect of his educational qualifications, assets and liabilities, or any liability with regard to payment of loans or adherence to party affiliation specified in sub-section (2) of section 12.].

(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, province, community, race, caste, bradari, sect or tribe;

(5) knowingly, in order to support or oppose a candidate, lends, employs, hires, borrows or uses any vehicle or vessel for the purposes of conveying to or from the polling station any elector except himself and members of his immediate family; or

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

79. Bribery.-A person is guilty of bribery, if he, directly or indirectly, by himself or by any other person on his behalf-

(1) receives or agrees to receive or contracts for any gratification for voting or refraining from voting, or for being or refraining from being a candidate at, or for withdrawing 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 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 from an election.

Explanation.-In this section, “gratification ” includes a gratification in money or estimable in money and all forms of entertainment or employment.

80. 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.

80A.Penalty for adversely affecting the interests of candidate.-Whoever, as a proposer, or in a fictitious name as a proposer, wilfully does any act which he is prohibited by law from doing, or omits to do any act which he is required by law to do, or makes any entry in a nomination form which is not correct, or subscribes to a nomination form a signature which is not genuine, and thereby adversely affects the interests of any person as a candidate, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

81. 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 candidate, 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 or disapprobation of any saint or pir;

(d) gives or threatens to give any religious sentence;

(e) uses any official influence or governmental patronage; or

(f) maligns the Armed Forces of Pakistan.

(2) on account of any person having voted or refrained from voting, or having offered himself as candidate or having withdrawn his candidature, does any of the acts specified in clause (1);or

(3) directly or indirectly, by himself or by any other person on his behalf,

(a) uses any place of religious worship, or any place reserved for the performance of religious rites, for the purpose of canvassing for votes or for persuading electors to vote, or not to vote, at an election or for a particular candidate; or

(b) for any of the purposes specified in sub-clause (a),by words, spoken or written, or by signs or visible representation, publishes anything or does any act prejudicial to the glory of Islam or the integrity, security or defence of Pakistan or any part thereof; or

(4) 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.

82. Penalty for corrupt practice.-Any person guilty of corrupt practice shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.

36[82A.Capturing of polling station and polling both, etc:-Whoever-

(a) seizes of polling station or a place fixed for the poll or makes polling authorities surrender the ballot papers or ballot box or both and doing of any other act which affects the orderly conduct of elections;

(b) takes possession of a polling station or a place for the poll and allows his supporters to exercise their right to vote and prevent others from free exercise of their right to vote;

(c) coeres, intimidates or threatens directly or indirectly any elector and prevents him from going to the polling station or a place fixed for the cast of his vote; or

(d) being in the service of Government or corporations or institutions controlled by the Government of all or any of the aforesaid activities or aids or connives at, any such activity in the furtherance of the prospects of the election of a candidate,

shall be guilty of any offence punishable with imprisonment for a term which shall not be less than three years and may extend to five years and with fine which shall not be less than fifty thousand rupees and may extend to one hundred thousand rupees or with both.]

83. Illegal practice.-(1) A person is guilty of illegal practice if he

37[(a) fails to comply with the provisions of section 50;]

(b) obtains or procures or attempts to obtain or procure, the assistance of any person in the service of Pakistan to further or hinder the election of a candidate;

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

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

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

(f) removes a ballot paper from a polling station during the poll; or

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

(2) Any person guilty of illegal practice shall be punishable with 38[imprisonment for a term which may extend to six months and fine which may extend to five] thousand rupees..

39[83 A. Prohibition of affixing hoardings, etc.-(I) No person or apolitical party shall affix posters, hoardings or banners larger than the sizes prescribed by the Election Commission-

Provided that such posters, hoardings or banners shall not be affixed nor parties flags shall be hoisted on any public property or at any public place, except with the permission in writing from, and on payment of such fee or charges as may be chargeable by, the concerned local government or authorities.

(2) Wall-chalking as part of an election campaign is prohibited in all forms.

(3) Loudspeakers shall not be used for election campaign except at the election
meetings.

(4) The Zila Nazim and the Returning Officer shall be responsible for the effective implementation of the provisions of this section.

(5) The contravention of the provisions of sub-sections (1),(2)and (3)shall be punishable with imprisonment of a term not exceeding one year, or with tine, or with both.]

84. Prohibition of public meetings, etc., during certain period.-(1)No person shall convene, hold or attend any public meeting, and no person shall promote or join in any procession, within the area of any constituency during a period of forty-eight hours ending at midnight following the conclusion of the poll for any election in that constituency.

(2) Any person who contravenes the provisions of sub-section (1)shall be punishable with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

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

(1) canvasses for votes;

(2) solicits the 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 Returning 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 electors 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 one thousand rupees, or with both, if he, on the polling day-

(1) uses, in such manner as to be audible within the polling station, any gramophone, magaphone, loudspeaker 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, Assistant Presiding Officer, Polling Officer or any person performing any duty at a polling station; or.

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

86A. Certain offences triable by officers authorised by the Commission.-Notwithstanding anything contained in the Code of Criminal Procedure,1898 (Act V of 1898),an officer for the time being exercising the powers of a civil or criminal court, or an officer of the Armed Forces, or an officer performing a duty in connection with an election, who is authorised by the Commission in this behalf may

(a) exercise the powers of a Magistrate of the first class under the said Code in respect of the offences punishable under section 80 40[Section 82A] 41[Section 83,] section 84,,section 85,section 86 and section 87;and

(b) take cognizance of any such offence under any of the clauses of subsection (1) of section 190 of the said Code;

and shall try any such offence in a summary way in accordance with the provisions of the said Code relating to summary trials.

87. Tampering with papers.-(1)Except as provided in subsection (2).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 one thousand rupees, or with both, if he

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

(b) intentionally 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; or

(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.

(2) A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding 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 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) interferes or attempts to interfere with an elector when he records his vote;

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

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

89. Failure to maintain secrecy.-A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant 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 punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, if he-

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

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

(c) 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. Officials not to influence voters.-A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, Polling Officer or any other officer or clerk performing a duty in connection with an election, or any member of a police force, is guilty of an offence punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, if he, in the conduct or management of an election or maintenance of order at a polling station,-

(a) persuades any person to give his vote;

(b) dissuades any person from giving his vote;

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

(d) does any other act calculated to influence the result of the election.

91. Breaches of official duty in connection with election.-A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer or any other person employed by any such officer in connection with his official duties imposed by or under this Act, 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, wilfully and without reasonable cause, commits breach of any such official duty, by act or omission.
92. Assistance by Government servant.-A person in the service of Pakistan is guilty of an offence punishable with imprisonment for a term which may extend to two year, or with fine which may extend to two thousand rupees, or with both, if he misuses his official position in a manner calculated to influence the results of the election.
93. Certain Powers of a Police Officer.-A Police Officer may

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

(i) who, commits personation or an offence under section 86 if the Presiding Officer directs him to so arrest such person;

(ii) who, being removed from the polling station by the Presiding Officer under section 32 commits any offence at the polling station.

(b) remove any notice, sign, banner or flag used in contravention of section 85; and
(c) seize any instrument or apparatus used in contravention of section 86 and take such steps, including use of force, as may be reasonable necessary for preventing such contravention.

94. Certain offences cognizable.-(1)Notwithstanding anything contained in the Code of Criminal Procedure,1898,an offence punishable under 42[section 80A ] or section 82 or section 85 or subsection (1)of section 87 shall be a cognizable offence.

43[(2)Notwithstanding anything contained in this Act or any other law for the time being in force, the offences of corrupt practice shall be tried by the Sessions Judge and an appeal against his order shall lie before a Division Bench of the High Court.

(3) Where proceedings against a person for being involved in corrupt practice are initiated on a complaint made by a private individual, and such person is convicted by the court and his conviction is maintained in final appeal, the complainant may be entitled to such reward payable out of the amount of fine as may be imposed by the court.

Provided that where such complaint proves to be false, malafide or is made for any ulterior motive to provide benefit to another person, the complainant shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.]

95. Prosecution of offences by public officers.-(1)No Court shall take cognizance of an offence punishable 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 Commission or the Commissioner.

(2) The Commission or the Commissioner shall, if it or 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 instituted as it or he may think fit.

(3) An offence specified in sub-section (1) shall be exclusively triable by the Court of Session within the Jurisdiction of which the offence is committed.

(4) In respect of an offence specified in sub-section (1),section 494 of the Code of Criminal Procedure,1898 (Act V of 1898),shall have effect as if, after the word and comma “may,” therein, the words “if so directed by the Chief Election Commissioner and ” were inserted.

96. Court proceedings relating to election expenses.-The Commission shall direct the Returning Officer to launch proceedings in the appropriate court against persons who contravene the provisions of section 49 or fails to comply with the provisions of section 50.
97. Court to report convictions to the Commission.-A Court convicting any person for an offence punishable under this Chapter, other than corrupt practice, shall send a report to the Commission of such conviction together with its recommendations, if any, considering the special circumstances of any case, for the mitigation or remission of any disqualification incurred by such person under this Act.
98. Punishment under this Chapter not in derogation of any other liability.-Any punishment imposed on any person for an offence punishable 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 IX
DISQUALIFICATIONS

99. Qualifications and disqualifications.-(1)A person shall not be qualified to be elected or chosen as a member of an Assembly unless

(a) he is a citizen of Pakistan;

44[(b) he is, in the case of National Assembly, not less than twenty-five years of age and is enrolled as a voter in any electoral roll:

(i) in any part of Pakistan, for election to a general seat and minority seat;
and

(ii) in a Province, from where such person seeks membership for election to a seat reserved for women];

(c) he is, in the case of Provincial Assembly, not less than twenty-five years of age and is enrolled as a voter in any electoral roll [as a voter in any area in a Province from where he seeks membership for ] that Assembly;

45[(cc) he is at least a graduate, possesses a bachelor ‘s degree in any discipline or any degree recognized as equivalent thereto by the University Grants Commission under the University Grants Commission Act,1974 (XXIII of 1974),or any other law for the time being in force;]

(d) he is of good character and is not commonly known as one who violates Islamic Injunctions ;

(e) he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins ;

(f) he is sagacious, righteous and non-profligate and honest and ameen ;

(g) he has not been convicted for a crime involving moral turpitude or for giving false evidence; and

(h) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan:

Provided that the disqualifications specified in clauses (d)and (e)shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation.

(IA) A person shall be disqualified from being elected as, and from being, a member of an Assembly, if

(a) he is of unsound mind and has been so declared by a competent court; or

(b) he is an un-discharged insolvent; or

(c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or

(d) he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or

(e) he is in the service of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or

(f) being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act,1951(11 of 1951),he is for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir; or

(g) he is propagating any opinion, or acting in any manner, prejudicial to the Ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan, or

46[(h)has been convicted by a court of competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force; or

(i) has been dismissed from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a local government on grounds of misconduct or moral turpitude; or

(j) has been removed or compulsorily retired from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a local government on grounds of misconduct or moral turpitude; or ]

(k) he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or

(l) he is found guilty of a corrupt or illegal practice under any law for the time being in force, unless a period of five years has elapsed from the date on which that order takes effect; or

(m) he has been convicted under section 7 of the Political Parties Act,1962 (III of
1962),unless a period of five years has elapsed from the date of such conviction; or

(n) he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family has any share or interest in a contract, not being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Government Provided that the disqualification under this clause shall not apply to a person

(i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him;

(ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Ordinance,1984 (XLV II of 1984),of which he is a shareholder but is not a director holding an office of profit under the company; or

(iii) where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest; or

Explanation.-In this section “goods ” does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Government or any law for the time being in force, under a duty or obligation to supply;

(o) he holds any office of profit in the service of Pakistan other than the following
offices, namely:

(i) an office which is not whole time office remunerated either by salary or by fee;

(ii) the office of Lumbardar, whether called by this or any other title;.

(iii) the Qaumi Razakars;

(iv) any office the holder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or

(p) having, whether by himself or by any person in trust for him or for his benefit or on his account, any share or interest in a contract for

(i) the supply of goods to, or

(ii) the execution of any work, or the performance of any service, undertaken by, the Government, or a local authority or an autonomous body in which the Government has a controlling share or interest, he does not, after his election as a member but within thirty days of his making oath as such make a declaration in writing to the Commission that he has such share or interest, unless a period of five years has elapsed since his failure to do so; or

(q) being a managing agent, manager or secretary of, or holding any other office carrying the right to remuneration in, any company or corporation (other than a cooperative society)in the capital of which the Government has not less than twenty-five per cent share or which is managed by the Government, he does not, after his election as a member but within thirty days of his making oath as such, make a declaration in writing to the Commissioner that he is such managing agent, manager or secretary, or holds such office, unless a period of five years has elapsed since his failure to do so; or

47[(r) has been convicted and sentenced to imprisonment for having absconded by a competent court under any law for the time being in force ;or

(s) has obtained a loan for an amount of two million rupees or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has had such loan written off; or

(t) he or his spouse or any of his dependents is in default in payment of government dues or utility expenses, including telephone, electricity, gas and water charges of an amount in excess of ten thousand rupees, for over six months, at the time of filing of nomination papers of such person.]

Explanation l.-In this sub-section, service of Pakistan has the same meaning as in Article 260.

(2) If a person, having been elected to an Assembly as a candidate or nominee of a political party, withdraws himself from that party, he shall, from the date of such withdrawal, be disqualified from being a member of the Assembly for the unexpired period of his term unless he has been re-elected at a bye election held after his disqualification.

100. Disqualification on account of certain offences.-(1)where a person has been convicted for having exceeded the limit of election expenses laid down by section 49 or having failed to file the return of election expenses in accordance with section 50 or for any other 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 order to that effect, be disqualified, for such period not exceeding five years as may be specified in the order from being or being elected as, a member of an Assembly.

(2) Where a person has been convicted for an offence punishable under section 171 J of the Pakistan Penal Code (Act XLV of 1860),he shall be disqualified for a period of seven years from being, or being elected as, a member of an Assembly.

101. Disqualifications for being election agent.-Any person who is for any period disqualified under section 100 for being, or being elected as, a member of an Assembly shall also stand disqualified for that period for being appointed as an election agent.
102. 48[****] Omitted.

CHAPTER X
MISCELLANEOUS

103. Commission to ensure fair election, etc.-Save as otherwise provided, the Commission may

(a) stop the polls at any stage of the election if it is convinced that it shall not be able to ensure the conduct of the election justly, fairly and in accordance with law due to large scale malpractices, including coercion, intimidation and pressures, prevailing at the election:

(b) review an order passed by an officer under this Act or the rules, including rejection of a ballot paper; and

(c) issue such instructions and exercise such powers, 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.

103A. Power of Commission to punish for contempt.-The Commission shall have the same power as the High Court has to punish any person for contempt of court and the Contempt of Court Act,1976 (XLIV of 1976),shall have effect accordingly as if reference therein to a “court ” and to a “judge ” were a reference, respectively, to the “Commission” and the Commissioner or, as the case may be, a member of the Commission.

103AA. Power of Commission to declare a poll void.-(1) Notwithstanding anything contained in this Act, if, from facts apparent on the face of the record and after such summary inquiry as it may deem necessary, the Commission is satisfied that, by reason of grave illegalities or violation of the provisions of this Act or the rules, the poll in any constituency ought to be declared void, the Commission may make a declaration accordingly and, by notification in the official Gazette, call upon that constituency to elect a member in the manner provided for in section 108.

(2) Notwithstanding the publication of the name of a returned candidate under sub-section(4)of section 42,the Commission may exercise the powers conferred on it by sub-section (1)before the expiration of sixty days after such publication; and, where the Commission does not finally dispose of a case within the said period, the election of the returned candidate shall be deemed to have become final, subject to a decision of a Tribunal.

(3) While exercising the powers conferred on it by sub-section (1),the Commission shall be deemed to be a Tribunal to which an election petition has been presented and shall, notwithstanding anything contained in Chapter VII, regulate its own procedure.

103B. 49[****] Omitted.

104. Directions of Commission in certain matters.-Anything required to be done for carrying out the purpose of 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.
105. Jurisdiction of courts barred.-No court shall question the legality of any action taken in good faith by or under the authority of the Commission, the Commissioner, a Returning Officer, Presiding Officer or an Assistant Presiding Officer or any decision given by any of them or any other officer or authority appointed under this Act or the rules.
106. Protection of action taken in good faith.-No suit, prosecution or other legal proceeding shall lie against the Commission, the Commissioner or any officer or other person in respect of anything which is in good faith done or intended to be done under or in pursuance of this Act or of any rule or order made or any direction given there under.
107. Power to make rules.-The Commission may with the approval of the President, make rules for carrying out the purposes of this Act.
108. Bye-elections, etc.-(1)When the seat of a member becomes vacant, the Commissioner shall, by notification in the official Gazette, call upon the constituency concerned to elect a person to fill the seat for such constituency before such date as may be specified in the notification, and thereupon the provisions of this Act and the rules shall apply, as far as may be to the election to fill such seat:

Provided that, notwithstanding anything contained in subsection ‘(1)of section 11,the days for the several stages of an election shall be such as may be specified in the aforesaid notification.

(2) For the purpose of holding an election to fill a casual vacancy in an Assembly, and, during the period when a Commission does not stand constituted for the purpose of section 107,reference in this Act to the Commission shall be construed as reference to the Commissioner.

109. Repeal.-The National and Provincial Assemblies (Election)Ordinance,1970 (XIII of 1970)and the National and Provincial Assemblies (Elections to Reserved Seats) Act,1976 (XVIII of 1976),are hereby repealed in their application to the elections to which this Act applies.

Footnotes
————————————————————————————————————————

1. Section 2 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), substituted sub-section 4 of section 8 of the Act, in its present form, (w.e.f July 31,2002).
2. Section 3 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), also inserted the said words in section 9 of the Act, (w.e.f July 31,2002).

3-4. Section 4 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the said words in section 11 of the Act, (w.e.f July 31,2002).

5. Section 3(b) of the Representation of the People (Amendment) Act, 1991, omitted clause (c) of section 11 of the Act, (w.e.f June 18,1991).

6.Section 4 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the said word in clause (e) of section 11 of the Act, (w.e.f July 31,2002).

7. Section 5 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), substituted sub-section 2 of section 12 of the Act, in its present form, (w.e.f July 31,2002).
8. Section 2 of the Representation of the People (Third Amendment) Ordinance, 2002, (XXVIII of 2002), omitted paragraph (b) of sub section (2) of section 12 of the Act,(w.e.f July 10,2002).

9.Section 2 of the Representation of the People (Fourth Amendment) Ordinance, 1985 (VIII of 1985), omitted sub section (5) of section 12 of the Act, (w.e.f. January 20,1985).

10.Section 5 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), added sub section 8 to section 12 of the Act, (w.e.f July 31,2002).

11. Section 6 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the said words in sub section (1) of section 14 of the Act, and added the proviso thereto,(w.e.f. July 31,2002).
12. Section 6 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the said words in sub section (1)of section 14 of the Act, and added the proviso thereto,(w.e.f. July 31,2002).
13. Section 6 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the said words after the word “objection ” in sub section (3) to section 14 of the Act and after words “complied with ” in clause (c) of the said sub section, (w.e.f. July 31,2002).
14. Section 6 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), added clause (1a) to sub section (3) of section 14 of the Act,(w.e.f. July 31,2002).
15. Section 6 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), also inserted sub section (3A) in section 14 of the Act, (w.e.f. July 31,2002).
16. Section 6 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted sub section (5A) in section 14 of the Act, (w.e.f. July 31,2002).
17. Section 8 of the Representation of the People (Amendment) Ordinance, 1985 (II of 1985), omitted section 14A of the Act, (w.e.f. January 12,1985).
18. Section 3 of the Representation of the People (Third Amendment) Ordinance, 2002, inserted section 20A in the Act, (w.e.f. August 22,2002).
19. Section 3 of the Representation of the People (Amendment) Ordinance, 1984 (XLIX of 1984), omitted sub section (3) of section 21 of the Act,(w.e.f. October 27,1984).
20. Section 3 of the Representation of the People (Amendment) Ordinance, 1984 (XLIX of 1984), omitted sub section (4) of section 21 of the Act,(w.e.f. October 27,1984).
21. Section 9 of the Representation of the People (Amendment) Act, 1991 (IX of 1991), omitted the proviso to sub section (1) of section 23 of the Act, (w.e.f. June 18,1991).
22. Section 10 of the Representation of the People (Amendment) Act, 1991 (IX of 1991), inserted the said words in sub section (1) of section 33 of the Act,(w.e.f. June 18,1991).
23. Section 10 of the Representation of the People (Amendment) Act, 1991 (IX of 1991), omitted clause (a) of sub section (2) of section 33 of the Act, (w.e.f. June 18,1991).
24. Section 7 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the said words in clause (a) of sub section (3) to section 33 of the Act, (w.e.f. July 31,2002).
25. Section 7 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), omitted clause (b) of sub section (3) of section 33 of the Act, (w.e.f. July 31,2002).
26. Section 8 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted sub section (3A) in section 42 of the Act, (w.e.f. July 31,2002).
27. Section 8 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the proviso to sub section (4) to section 42 of the Act, (w.e.f. July 31,2002).
28. Section 9 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted section 42A in the Act, (w.e.f. July 31,2002).
29. Section 10 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), substituted Chapter V-A, (i.e. section 47A) of the Act, (w.e.f. July 31,2002).
30. Section 11 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), added sections 48,49,50 and 51 to the Act,(w.e.f. July 31,2002).
31. Section 12 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted sub section (1A) in section 67 of the Act, (w.e.f. July 31,2002).
32. Section 13 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), added section 76A to the Act, (w.e.f. July 31,2002).
33. Section 14 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted clause (1) in section 78 of the Act, (w.e.f. July 31,2002).
34. Section 14 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), added the said words at the end of sub section (3) of section 78 of the Act and added the said word at the end of clause (c) and a new clause (d) thereto, (w.e.f. July 31,2002).
35. Section 14 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), omitted the word “or ” at the end of clause (b) of sub section (3) of section 78 of the Act, (w.e.f. July 31,2002).
36. Section 4 of the Representation of the People (Third Amendment) Ordinance, 2002, (XLV of 2002), inserted section 82A, in the Act, (w.e.f. August 22, 2002).
37. Section 15 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted clause (a) in sub section (1) of section 83 of the Act, (w.e.f. July 31,2002).
38. Section 15 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted the said words in sub section (2) of section 83 of the Act, (w.e.f. July 31,2002).
39. Section 16 of the Representation of the People (Amendment)Ordinance,2002 (XXXVI of 2002),inserted section 83A to the Act,(w.e.f. July 31,2002).
40. Section 5 of the Representation of the People (Third Amendment) Ordinance, 2002 (XLV of 2002),inserted the said word and figure in paragraph (a)of section 86A of the Act,(w.e.f. August 22,2002).
41. Section 17 of the Representation of the People (Amendment)Ordinance,2002 (XXXVI of 2002),inserted the said word figure and comma in paragraph (a)of section 86A of the Act,(w.e.f. July 31,2002).
42. Section 6 of the Representation of the People (Third Amendment) Ordinance, 2002 (XLV of 2002), inserted the said word and figure in sub section (1)of section 94 of the Act,(w.e.f. August 22,2002).
43. Section 18 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted sub sections (2)and (3)in section 94 of the Act,(w.e.f. July 31,2002).
44. Section 19 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), substituted clause (b) of sub section (1) of section 99 of the Act, (w.e.f. July 31,2002).
45. Section 19 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted clause (cc) in sub section (1) of section 99 of the Act, (w.e.f. July 31,2002)
46. Section 19 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), substituted clauses (h), (i) and (j) of sub section (1A) of section 99 of the Act, (w.e.f. July 31,2002).
47. Section 19 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), substituted semi colon and word “or “, in place of the full stop, at the end of clause (q) of sub section (1A) of section 99 and added clauses (r), (s) and (t) thereto, (w.e.f. July 31,2002).
48. Section 24 of the of the Representation of the People (Amendment) Act, 1991, omitted section 102 to the Act, (w.e.f. June 18,1991).
49. Section 3 of the Representation of the People (Second Amendment) Ordinance,(XV of 1977) inserted section 103B in the Act,(w.e.f. March 21,1977). Thereafter section 3 of the Representation of the People (Third Amendment) Ordinance, 1977 (XVI of 1977), added sub section 3 thereto,(w.e.f. March 30,1977). By Notification P.O. No. F 24(8)/72-Pub.,the Representation of the People (Second Amendment)Ordinance,1977 was withdrawn. As a consequence of the withdrawal of the said Ordinance section 103B was omitted,(w.e.f. May 12,1977).

25. Equality of citizens.— (1) All citizens are equal before law and are entitled to equal protection of law.
    (2) There shall be no discrimination on the basis of sex 1[****].

(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.

---

Footnotes:

1. Section 8 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted the word “alone”, occurring at the end of clause (2) of Art. 25, (w.e.f. April 19, 2010).

Comparative Table of Article 25 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
6(VI.15)
Constitution of Pakistan 1956 :
5(1)
Constitution of India 1950:
14
Government of India Act 1935:
—
Leading & Latest Cases on Article 25 of the Constitution of Pakistan, 1973 :

P L D 1958 SC 533
P L D 1989 QUETTA 8

STATE
GUL KHAN
DOSSO AND ANOTHER
GOVERNMENT OF BALUCHISTAN AND OTHERS
P L D 1990 SC 295 SHRIN MUNIR AND OTHERS GOVERNMENT OF PUNJAB AND ANOTHER
P L D 1990 KARACHI 342 FARHAT JALEEL AND OTHERS PROVINCE OF SINDH AND OTHERS
1991 CLC 13 PAKISTAN PETROLEUM WORKERS’ UNION MINISTRY OF INTERIOR
P L D 1993 SC 341
GOVERNMENT OF BALUCHISTAN AND OTHERS
AZIZULLAH MEMON AND OTHERS
1996 SCMR 12111996 MLD 1078 DR. AMANULLAH KHAN AND ANOTHERDR. SUHAIL ABBAS KHAN CHAIRMAN, MEDICAL RESEARCH COUNCIL AND 3 OTHERSPUNJAB PROVINCE THROUGH CHEIF SECRETARY, CIVIL SECRETARIAT, LAHORE
P L D 1997 SC 32
SHAHID NABI MALIK AND ANOTHER
CHIEF ELECTION COMMISSIONER, ISLAMABAD AND 7 OTHERS
PLD 2000 LAHORE 508 MRS. SHAHIDA FAISAL FEDERATION OF PAKISTAN AND 3 OTHERS
2003 CLC 18
MUHAMMAD AKRAM AND OTHERS
SELECTION COMMITTEE FOR ADMISSION IN FIRST YEARS M.B.B.S.
2005 CLC 144 CHAZANFAR ALI CHAUDHARY AND ANOTHER PROVINCE OF PUNJAB THROUGH SECRETARY, TRANSPORT, GOVERNMENT OF PUNJAB
P L D 2007 SC 133 INDUSTRIAL DEVELOPMENT BANK OF PAKISTAN FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF FINANCE AND ORS
P L D 2007 SC 121 CAPITAL DEVELOPMENT AUTHORITY THROUGH CHAIRMAN RAJA MUHAMMAD ZAMAN KHAN AND ANOTHER
P L D 2007 LAHORE 568 ANOOSHA SHAIGAN LAHORE UNIVERSITY OF MANAGEMENT SCIENCE THROUGH CHANCELLOR AND OTHERS
P L D 2007 KARACHI 139 SALEEM RAZA AND OTHERS THE STATE
2008 YLR 2039 RUTH SAMI AHMAD PROVINCE OF SINDH THROUGH SECRETARY, LOGAL GOVERNMENT
P L D 2009 SC 549 JAMAT-E-ISLAMI THROUGH AMIR AND OTHERS FEDERATION OF PAKISTAN AND OTHERS
P L D 2011 SC 22 EJAZ AKBAR KASI AND OTHERS MINISTRY OF INFORMATION AND BROADCASTING AND OTHERS

15. Freedom of movement, etc.- Every citizen shall have the right to remain in, and, subject, to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof.

Footnotes:

Comparative Table of Article 15 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
6(I.5)

Constitution of Pakistan 1956 :
11(a)

Constitution of India 1950:
25

Government of India Act 1935:

Leading & Latest Cases on Article 15 of the Constitution of Pakistan, 1973 :

P L D 1994 SC 23 NASRULLAH KHAN HENJRA GOVERNMENT OF PAKISTAN
P L D 1999 LAHORE 459
MUNAWAR ALI SHERAZI
FEDERATION OF PAKISTAN through Ministry of Interior, Govt. of Pak. ISB
P L D 1999 SC 57
SARDAR FAROOQ AHMED KHAN LEGHARI
FEDERATION OF PAKISTAN AND OTHERS
2000 SCMR 770

IN RE: SUO MOTU CASE NO. 1 OF 2000

P L D 2004 SC 583
MIAN MUHAMMAD SHAHBAZ SHARIF
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF INTERIOR,
2005 SCMR 1973
SAAD MAZHAR AND OTHERS
CAPITAL DEVELOPMENT AUTHORITY THROUGH CHAIRMAN

[140A. Local Government. Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments.

(2) Elections to the local governments shall be held by the Election Commission of Pakistan.]

Footnotes:

1. Section 48 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted a new Art. 140A, in its present form, (w.e.f. April 19, 2010).

• Art. 140A as first inserted by item 16 of the schedule to C.E.O. No. 24 of 2002, (w.e.f. August 21, 2002) and later validated by section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (w.e.f. December 31, 2003)., that read :

140A. Local government.— Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments.

Comparative Table of Article 14 of the Constitution of Pakistan, 1973

Constitution of Pakistan 1962 :

Constitution of Pakistan 1956 :

Constitution of India 1950:

Government of India Act 1935:

---

Leading & Latest Cases on Article 14 of the Constitution of Pakistan, 1973 :
P L D 1990 LAHORE 432 GHAYYUR HUSSAIN SHAH AND ANOTHER GHARIB ALAM
1990 MLD 1488 MANZOOR AHMAD THE STATE
P L D 1992 LAHORE 462 NATIONAL INDUSTRIAL COOPERATIVE CREDIT CORPORATION AND ANOTHER PROVINCE OF PUNJAB AND ANOTHER
P L D 1994 SC 693
SHEHLA ZIA AND OTHERS
WAPDA (WORKS AND POWER DEVELOPMENTS AUTHORITY)
1994 SCMR 1028 SUO MOTU CONSTITUTIONAL PETITION
P L D 1994 SC 621
WASEY ZAFAR AND OTHERS
GOVERNMENT OF PAKISTAN AND OTHERS
P L D 1998 SC 1445 MEHRAM ALI AND OTHERS FEDERATION OF PAKISTAN AND OTHERS
P L D 2005 KARACHI 252
KHAN MUHAMMAD MAHAR
FEDERATION OF PAKISTAN

P L D 2006 KARACHI 93 MUHAMMAD YAMIN KHAN GOVERNMENT OF PAKISTAN THROUGH CHAIRMAN MINISTRY OF RAILWAY,
P L D 2006 SC 432 NIAZ AND OTHERS ABDUL SATTAR AND OTHERS
P L D 2007 KARACHI 116 IMDAD HUSSAIN PROVINCE OF SINDH THROUGH SECRETARY TO GOVERNMENT OF SINDH
P L D 2007 KARACHI 405 MUHAMMAD YOUSUF AND 2 OTHERS THE STATE

ORDER ON MAINTAINABILITY IN MEMO GATE CASE WATAN PARTY AND OTHERS FEDERATION OF PAKISTAN AND OTHERS
P L D 2013 SC 195 SYED MAHMOOD AKHTAR NAQVI AND OTHERS FEDERATION OF PAKISTAN AND OTHERS

[130. The Cabinet— (1) There shall be a Cabinet of Ministers, with the Chief Minister at its head, to aid and advise the Governor in the exercise of his functions.

(2) The Provincial Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the Governor.

(3) After the election of the Speaker and the Deputy Speaker, the Provincial Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its members to be the Chief Minister.

(4) The Chief Minister shall be elected by the votes of the majority of the total membership of the Provincial Assembly:

Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Chief Minister:

Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further polls shall be held between them until one of them secures a majority of votes of the members present and voting.

(5) The member elected under clause (4) shall be called upon by the Governor to assume the office of Chief Minister and he shall, before entering upon the office, make before the Governor oath in the form set out in the Third Schedule:

Provided that there shall be no restriction on the number of terms for the office of the Chief Minister.

(6) The Cabinet shall be collectively responsible to the Provincial Assembly and the total strength of the Cabinet shall not exceed fifteen members or eleven percent of the total membership of a Provincial Assembly, whichever is higher:

Provided that the aforesaid limit shall be effective from the next general elections after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.

(7) The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly, in which case he shall summon the Provincial Assembly and require the Chief Minister to obtain a vote of confidence from the Assembly.

(8) The Chief Minister may, by writing under his hand addressed to the Governor, resign his office.

(9) A Minister who for any period of six consecutive months is not a member of the Provincial Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly.

(10) Nothing contained in this Article shall be construed as disqualifying the Chief Minister or any other Minister for continuing in office during any period during which the Provincial Assembly stands dissolved, or as preventing the appointment of any person as Chief Minister or other Minister during any such period.

(11) The Chief Minister shall not appoint more than five Advisers.]

---

Footnotes:

1. Section 43 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 130, in its present form, (w.e.f. April 19, 2010), in place of the Art. as substituted by Item 27 of the schedule to P.O. No. 14 of 1985, (w.e.f. March 2, 1985), that read :
2. The Cabinet.—(1) There shall be a Cabinet of Ministers, with the Chief Minister at its Head, to aid and advise the Governor in the exercise of his functions.

(2) The Governor shall appoint from amongst the members of the Provincial Assembly a Chief Minister who, in his opinion, is likely to command the confidence of the majority of the members of the Provincial Assembly.

A[(2A) Notwithstanding anything contained in clause (2), after the twentieth day of March, one thousand nine hundred and eighty-eight, the Governor shall invite the member of the Provincial Assembly to be the Chief Minister who commands the confidence of the majority of the members of the Provincial Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with the provisions of the Constitution:

Provided that nothing contained in this clause shall apply to a Chief Minister holding office on the twentieth day of March, one thousand nine hundred and eighty-eight, in accordance with the provisions of the Constitution.]

(3) The person appointed under clause (2) B[or as the case may be, invited under clause (2A)] shall, before entering upon the office, make before the Governor oath in the form set out in the Third Schedule and shall within a period of sixty days thereof obtain a vote of confidence from the Provincial Assembly.

(4) The Cabinet shall be collectively responsible to the Provincial Assembly.

(5) The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly, C[in which case he shall summon the Provincial Assembly and require the Chief Minister to obtain a vote of confidence from the Assembly.]

(6) The chief Minister may, by writing under his hand addressed to the Governor, resign his office.

(7) A Minister who for any period of six consecutive months is not a member of the Provincial Assembly shall, at the expiration of that period, cease to be a Minister, and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly.

(8) Nothing contained in this Article shall be construed as disqualifying the Chief Minister or any other Minister for continuing in office during any period during which the Provincial Assembly stands dissolved, or as preventing the appointment of any person as Chief Minister or other Minister during any such period.

Art. 130, as adopted in 1973, read:

“130. Governor to be kept informed.—The Chief Minister shall keep the Governor informed on matters relating to Provincial administration and on all legislative proposals the Provincial Government intends to bring before the Provincial Assembly.”

A. Section 16(a) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), inserted the said clause (2A) in Art. 130, (w.e.f November 11, 1985).

B. Section 16(b) of the Constitution (Eighth Amendment) Act 1985, (18 of 1985), inserted the said words, in clause (3) of Art. 130, (w.e.f. November 11, 1985).

C. Section 16(c) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), added the said words, at the end of clause (5) of Art. 130, (w.e.f. November 11, 1985).

11. Slavery, forced labour, etc., prohibited.-(1) Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form.
    (2) All forms of forced labour and traffic in human beings are prohibited.

(3) No child below the age of Fourteen years shall be engaged in any factory or mine or any other hazardous employment.

(4) Nothing in this Article shall be deemed to affect compulsory service-

(a) By any person undergoing punishment for an offence against any law; or

(b) required by any law for public purpose:

Provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.

[106. Constitution of Provincial Assemblies.-(l) Each Provincial Assembly shall consist of general seats and seats reserved for women and non-Muslims as specified hereinbelow.

                                General           Women            Non-                Total

                                    Seats                                   Muslims

Balochistan 51 11 3 65

2[Khyber Pakhtunkhwa 115 26 4 145]

Punjab 297 66 8 371

Sindh 130 29 9 168

3[(1A) The seats for the Province of Khyber Pakhtunkhwa, referred to in clause (1), include sixteen general seats, four seats for the women and one seat for non-Muslims in respect of the Federally Administered Tribal Areas :

Provided that elections to the aforesaid seats shall be held within one year after the general elections, 2018.

(1B) After elections to seats referred to in clause (1A), both clause (!A) and this clause shall stand omitted.]

(2) A person shall be entitled to vote if­—

(a) he is a citizen of Pakistan;

(b) he is not less than eighteen years of age;

(c) his name appears on the electoral roll for any area in the Province; and

(d) he is not declared by a competent court to be of unsound mind

(3) For the purpose of election to a Provincial Assembly,­—

(a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote;

(b) each Province shall be a single constituency for all seats reserved for women and non-­Muslims allocated to the respective Provinces under clause (1);

(c) the members to fill seats reserved for women and non-Muslims allocated to a Province under clause (1) shall be elected in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of the total number of general seats secured by each political party in the Provincial Assembly:

            Provided that for the purpose of this sub-clause, the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.]

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Footnotes:

Section 36 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 106, in its present form, (w.e.f. April 19, 2010), in place of Art. 106 as amended upto 2003 by the Constitution (Seventeenth Amendment), Act, 2003. The Art. 106 as substituted shall be deemed always to have been so substituted with effect from the 21st day of August, 2002. Art. 106, as amended upto 2003 by the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003) (w.e.f. December 31, 2003, that read :

106. Constitution of Provincial Assemblies.—A[(1) Each Provincial Assembly shall consist of general seats and seats reserved for women and non-Muslims as specified herein below:- General Seats Women Non-Muslims Total

Balochistan 51 11 3 65

The North-West 99 22 3 124

Frontier Province

The Punjab 297 66 8 371

Sind 130 29 9 168 ]

            (2) A person shall be entitled to vote if--

(a) he is a citizen of Pakistan ;

(b) he is not less than B[eighteen] years of age ;

(c) his name appears on the electoral roll for any area in the Province ; and

(d) he is not declared by a competent Court to be of unsound mind C[.]

C[proviso] Omitted.

D[(3) For the purpose of election to a Provincial Assembly,—

(a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote;

        (b)  each Province shall be a single constituency for all seats reserved for women and non-Muslims allocated to the respective Provinces under clause (1);

(c) the members to fill seats reserved for women and non-Muslims allocated to a Province under clause (1) shall be elected in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of the total number of general seats secured by each political party in the Provincial Assembly:]

E[Provided that for the purpose of this sub-clause, the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.]

F[(4)] Omitted.

G[(5)] Omitted.

H[(6)] Omitted.

A. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the substitution of clause (1) of Art. 106, (w.e.f. December 31, 2003). Item 14 of the schedule to LFO (C.E.O. No. 24 of 2002), substituted the said clause (1) of Art. 106, in the form set out in note “A” to footnote 1, (w.e.f. August 21, 2002), in place of clause (1) as adopted in 1973, that read :

” (1) There shall be a Provincial Assembly for each Province consisting of the number of members hereinafter specified to be elected by direct and free vote in accordance with law :

          Balochistan                                                                                             40

The North-West Frontier Province 80

The Punjab 240

Sindh 100 “

B. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed) also validated the substitution of the word in paragraph (b) of clause (2) of Art. 106, (w.e.f. December 31, 2003). Item 14 of the schedule to LFO (C.E.O. No. 24 of 2002) substituted the said word in place of the word “twenty-one” in paragraph (b) of clause (2) of Art. 106, (w.e.f. August 21, 2002). Item 24 of the schedule to RCO (P.O. No. 14 of 1985), had substituted the words “twenty-one” in place of the word “eighteen”, as adopted in 1973, (w.e.f. March 2, 1985).

C. Item 24 of the schedule to RCO (P.O. No. 14 of 1985), substituted the full stop, in place of the colon at the end of paragraph (d) of clause (2) of Art. 106 and omitted the proviso thereto, (w.e.f. March 2, 1985). The deleted proviso read :

“Provided that, for the purpose of the first general election to the Provincial Assembly or an election to a seat falling vacant before the holding of the second general election to the Assembly, paragraph (b) shall have effect as if for the word “eighteen” therein the word “twenty-one” were substituted”.

D. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the substitution of clause (3) of Art. 106, (w.e.f. December 31, 2003). Item 14 of the schedule to LFO (C.E.O. No. 24 of 2002) substituted the said clause (3) of Art. 106, in the form set out in note “D” to footnote 1, (w.e.f. August 21, 2002). Item 24 of the schedule to RCO (P.O. No. 14 of 1985), had substituted clause (3) of Art. 106, (w.e.f. March 2, 1985), in place of the clause, as adopted in 1973. The said clause, with respect to non-muslim seats, as first substituted by RCO (P.O. No. 14 of 1985) and deleted by substitution, read :

” (3) In addition to the seats in the Provincial Assemblies for the Provinces of Balochistan, the Punjab, the North-West Frontier and Sindh specified in clause (1), there shall be in those Assemblies the number of seats hereinafter specified for non-Muslims.—

Province Christians Hindus and persons Sikh, Budhist Persons belonging

belonging to the and Parsi to the Quadiani scheduled castes communities group or the

and other non- Lahori group (who

Muslims call themselves

Ahmadis)

Balochistan 1 1 1 —

The North-West 1 — 1 1

Frontier Province

The Punjab 5 1 1 1

Sindh 2 5 1 1

EXPLANATION.—Where no independent seat is allocated to a minority in a Province for being very small in number, the seat allocated jointly to all other non-Muslims in that Province shall be deemed to include that minority. “

Clause (3) of Art. 106 as adopted in 1973, read :

” (3) In addition to the seats in the Provincial Assemblies for the Provinces of Balochistan, the Punjab, the North-West Frontier and Sindh specified in clause (1), there shall be in those Assemblies the number of additional seats hereinafter specified reserved for persons belonging to the Christian, Hindu, Sikh, Budhist and Parsi communities *a[and persons of the Quadiani group or the Lahori group (who call themselves ‘Ahmadi’)] *b[and other non-Muslims and persons belonging to] the Scheduled Castes :

Balochistan 1

The North-West Frontier Province 1

The Punjab *c[5]

Sindh 2 “

*a. Section 2 of the Constitution (Second Amendment) act, 1974 (49 of 1974), added the said words and brackets, in clause (3) of Art. 106, as adopted in 1973, (w.e.f. September 17, 1974).

*b. Section 7 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), substituted the said words and brackets in place of the word “or” in clause (3) of Art. 106, as adopted in 1973, (w.e.f. November 21, 1975).

*c. Section 7 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), substituted the said numeral for the numeral 3, in clause (3) of Art. 106, as adopted in 1973, (w.e.f. November 21, 1975).

E. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the substitution of the proviso to sub clause (c) of clause (3) of Art. 106, (w.e.f. December 31, 2003). Art. 2(3) of the Legal Framework (Amendment) Order, 2002, C.E.O. No. 29 of 2002, substituted the said proviso to sub clause (c) of clause (3) of Art. 106, (w.e.f. October 9, 2002), in place of the proviso as inserted by item 14 of the schedule to LFO (C.E.O. No. 24 of 2002). The proviso deleted by substitution, read :

Provided that a political party securing less than five per centum of the total number of seats in the Provincial Assembly shall not be entitled to any seat reserved for women and non-Muslims.

F. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the omission of clause (4) of Art. 106, (w.e.f. December 31, 2003). Item 14 of the schedule to LFO (C.E.O. No. 24 of 2002), omitted clause (4) of Art. 106, adopted in 1973, (w.e.f. August 21, 2002). The said clause as adopted in 1973, read :

            " (4) Until the expiration of a period of ten years from the commencing day or the holding of the a*[third] general election to the Assembly of a Province, whichever occurs later, there shall be in the Assembly a number of additional seats reserved for women equal to five per centum of the number of members of that Assembly specified in clause (1). 

a*. Section 13 of the Constitution (Eight Amendment Act, 1985 (18 of 1985), substituted the said word, in place of the word “second”, in clause (4) of Art. 106 as adopted in 1973, (w.e.f. November 11, 1985).

G. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the omission of clause (5) of Art. 106, (w.e.f. December 31, 2003). Item 14 of the schedule to LFO (C.E.O. No. 24 of 2002), also omitted clause (5) of Art. 106, (w.e.f August 21, 2002). Item 24 of the schedule to RCO (P.O. No. 14 of 1985) had substituted clause (5) of Art. 106, (w.e.f. March 2, 1985), in place of the clause as adopted in 1973. The deleted clause read :

(5) The members to fill the seats referred to in clause (3) shall be elected, simultaneously with the members to fill the seats referred to in clause (1), on the basis of separate electorates by direct and free vote in accordance with law.

Clause (5) of Art. 106 as adopted in 1973, read :

“(5) As soon as practicable after the general election to a Provincial Assembly, the members to fill seats reserved in the Assembly for the persons referred to in clause (3) or for women shall be elected in accordance with law by the members of that Assembly referred to in clause (1).”

H. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the omission of clause (6) of Art. 106, (w.e.f. December 31, 2003). Item 14 of the schedule to LFO (C.E.O. No. 24 of 2002), further omitted clause (6) of Art. 106, (w.e.f. August 21, 2002). Item 24 of the schedule to RCO (P.O. No. 14 of 1985), inserted clause (6) of Art. 106, (w.e.f. March 2, 1985). The deleted clause read :

(6) As soon as practicable after the general election to a Provincial Assembly, the members to fill seats in that Assembly reserved for women shall be elected in accordance with law on the basis of the system of proportional representation by means of a single transferable vote by the electoral college consisting of the persons elected to that Assembly.

Section 6(i) of the Constitution (Twenty-fifth Amendment) Act, 2018 (XXXVII of 2018), substituted the said expression “Khyber Pakhtunkhwa” and the entries relating thereto, in place of the expression “Khyber Pakhtunkhwa” and the entries relating thereto in the second, third, fourth and fifth columns, in the Table, in clause (1) of Art. 106, (w.e.f. June 4, 2018).
Section 6(ii) of the Constitution (Twenty-fifth Amendment) Act, 2018 (XXXVII of 2018), inserted new clauses (1A) and (1B), in their present form, after clause (1) of Art. 106, (w.e.f. June 4, 2018).

101. Appointment of Governor.— 1[(1) There shall be a Governor for each Province, who shall be appointed by the President on the advice of the Prime Minister.]

(2) A person shall not be appointed a Governor unless he is qualified to be elected as a member of the National Assembly and is not less than thirty-five years of age 2[and is a registered voter and resident of the Province concerned] 3[:]

3[Proviso] Omitted

3[(2A)] Omitted.

(3) The Governor shall hold office during the pleasure of the President 1[and shall be entitled to such salary, allowances and privileges as the President may determine].

(4) The Governor may, by writing under his hand addressed to the President, resign his office.

2[(5) The President may make such provision as he thinks fit for the discharge of the functions of a Governor] 3[in any contingency not provided for in this Part]:

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Footnotes:

1. Section 33(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (1) of Art. 101, in its present form, (w.e.f. April 19, 2010), in place of clause (1) as amended upto 2002, that read :

(1) There shall be a Governor for each Province, who shall be appointed by the President A[ B[after consultation with] the Prime Minister.]

A-B. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the reinsertion, by substitution, of the words “after consultation with”, in place of the words “on the advice of”, in clause (1) of Art. 101, (w.e.f. December 31, 2003). Item 13 of the schedule to LFO (C.E.O. No. 24 of 2002), substituted the said words, (w.e.f. August 21, 2002).

Clause (1) of Art. 101, as adopted in 1973, provided that “There shall be a Governor for each Province, who shall be appointed by the President”. Item 22 of the schedule to RCO (P.O. No. 14 of 1985), added the words “in his discretion” after the word “President” appearing at the end of the clause, (w.e.f. March 2, 1985).

Section 11 of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985) thereafter substituted the words “after consultation with the Prime Minister”, in place of the words “in his discretion” in clause (1) of Art. 101, (w.e.f. November 11, 1985). Section 3 of the Constitution (Thirteenth Amendment) Act, 1997 (1 of 1997), substituted the words “on the advice of”, in place of the words “after consultation with” in the said clause, (w.e.f. April 3, 1997).

2. Section 33(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), added the said words, after the word “age”, in clause (2) of Art. 101, (w.e.f. April 19, 2010).
3. Section 2 of the Constitution (Fifth Amendment) Act 1976 (62 of 1976), substituted a colon in place of the Full-stop, at the of clause (2) of Art. 101 and added a proviso and a new clause 2-A. The proviso and clause 2-A were omitted by subsection (a) and (b) of section 11 of the Constitution (Eight Amendment) Act 1985 (18 of 1985) (w.e.f. November 11, 1985). However the draftsman neglected to substitute a full stop in place of the colon. The proviso and clause 2-A, as deleted, read :

“Provided that, after the holding of the first general election to the National Assembly, a person shall not be appointed to be the Governor of the province of which he is a permanent resident.”

“(2A) Nothing contained in the proviso to clause (2) shall apply during the period that *a[an order under paragraph (c) of clause (2) of Article 232 or a Proclamation under] Article 234 is in force.

*a. Section 3 of the (Seventh Amendment) Act 1977 (Act 23 of 1977) substituted the said words in place of the words “an order under paragraph (c) of clause (2) of Article 232 or a proclamation under”. (w.e.f. May 16, 1977).

Article: 10 Safeguards as to arrest and detention

10. Safeguards as to arrest and detention.-(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be produced before a Magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the Court of the nearest Magistrate, and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.

(3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention.

(4) No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a period exceeding 1[three months] unless the appropriate Review Board has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of 1[three months], unless the appropriate Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention.

Explanation I.-In this Article, “the appropriate Review Board” means,

(i) in the case of a person detained under a Federal Law, a Board appointed by the Chief Justice of Pakistan and consisting of a Chairman and two other persons, each of whom is or has been a Judge of the Supreme Court or a High Court: and

(ii) in the case of a person detained under a Provincial Law, a Board appointed by the Chief Justice of the High Court concerned and consisting of a Chairman and two other persons, each of whom is or has been a Judge of a High Court.

Explanation II.-The opinion of a Review Board shall be expressed in terms of the views of the majority of its members.

(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, 2[within fifteen days] from such detention, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order:

provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose.

(6) The authority making the order shall furnish to the appropriate Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any documents, is produced.

(7) Within a period of twenty-four months commencing on the day of his first detention in pursuance of an order made under a law providing for preventive detention, no person shall be detained in pursuance of any such order for more than a total period of eight months in the case of a person detained for acting in a manner prejudicial to public order and twelve months in any other case:

Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy 3[or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity].

(8) The appropriate Review Board shall determine the place of detention of the person detained and fix a reasonable subsistence allowance for his family.

(9) Nothing in this Article shall apply to any person who for the time being is an enemy alien.

Footnotes:

1. Section 2 of the Constitution (Third Amendment) Act, 1975 (22 of 1975) substituted the said words in place of the words “one month”, in clause (4) of Art. 10, (w.e.f. February 18, 1975.
2. Section 2 of the Constitution (Third Amendment) Act, 1975 (22 of 1975) also substituted the said words in place of the words “as soon as may be, but not later than one week”, in clause (5) of Art. 10, (w.e.f. February 18, 1975).
3. Section 2 of the Constitution (Third Amendment) Act, 1975 (22 of 1975) added the said words, in the proviso to clause (7) of Art. 10, (w.e.f. February 18, 1975).