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LOCAL GOVERNMENT ELECTIONS
148. Franchise.- (1) Members of a Union Council including Union
Nazim and Naib Union Nazim shall be elected through elections based
on adult franchise and on the basis of separate electorate.
(2) The Electoral College for the election of Zila Nazim and Naib
Zila Nazim, and reserved seats of women, peasants and workers, and
minorities in the Zila Council shall be all the members of Union
Councils in the district, including Union Nazims and Naib Union
Nazims.
(3) The electoral college for the election of a Taluka Nazim, Town
Nazim, Taluka Naib Nazim, Town Naib Nazim and reserved seats of
women, peasants and workers, and minorities in the Taluka Council
and Town Council shall be all the members of the Union Councils in
the Taluka or, as the case may be, town, including Union Nazims and
Naib Union Nazims:
Provided that for the election for reserved seats for women in Zila
Council proportionately divided among Talukas or towns shall be all
members of the Union Councils in a Taluka or, as the case may be,
town.
Explanation: For the purpose of this section, all members of Union
Councils notified as returned candidates in the elections held under
this Ordinance shall be deemed to be members of the electoral
college.
149. Manifesto.- (1) The candidates for the seat of a Zila Nazim,
Taluka Nazim and Town Nazim shall, before the election to such
office, make public a manifesto containing the policies and
programmes they propose to pursue and implement, if elected.
(2) The manifesto prepared under sub-section (1) shall be attached
to the nomination papers.
150. Authority for local government elections.- (1) The local
government elections under this Ordinance shall be conducted by the
Chief Election Commissioner in pursuance of the Local Government
Elections Order, 2000 (Order No.8 of 2000).
(2) The Chief Election Commissioner may require any person or
authority to perform such functions or, render such assistance for
the purpose of elections, including preparation of electoral rolls
under this Ordinance as deemed fit.
(3) The Chief Election Commissioner may authorise any of his
officers to exercise any of his powers and to perform any of his
functions under this Ordinance.
(4) The elections to the local governments shall be held every three
years so as to enable their installation on the 14th day of August
of the year in which elections are held.
151. Delimitation of electoral wards.- (1) The electoral ward for
the election of a Zila Nazim and Naib Zila Nazim shall be a
district; for a Taluka Nazim and Naib Taluka Nazim, a Taluka; for a
Town Nazim and Naib Town Nazim, a town; and for a Union Nazim and
Naib Union Nazim, a Union.
(2) The Union shall be a multi-member ward for election of members
of a Union Council.
152. Qualifications for candidates and elected members.- (1) A
person shall qualify to be elected or to hold an elective office or
membership of a local government, if he-
(a) is a citizen of Pakistan;
(b) is at least twenty five years of age;
(c) is enrolled as a voter in the electoral rolls of the relevant
ward;
(d) is of good character and is not commonly known as one who
violates Islamic injunctions; has adequate knowledge of Islamic
teachings and practices, obligatory duties prescribed by Islam as
well as abstains from major sins; provided that these qualifications
shall not apply to a person who is a non-Muslim, but such a person
shall have a good reputation;
(e) has academic qualifications of not less than matriculation or
secondary school certificate or equivalent from a recognized
institution, for contesting the election of a Nazim or a Naib Nazim;
(f) has not been declared by a competent court to be of unsound
mind;
(g) is not in the service of the Federal, a provincial or a local
government or, any statutory body or a body which is controlled by
any such government or, in which any of such government has a
controlling share or interest, except the holders of elected public
office and part-time officials remunerated either by salary or fee;
provided that in case of a person who has resigned or retired from
such service, a period of not less than six months has elapsed since
his retirement;
(h) has not been dismissed, removed or compulsorily retired from
public service on the grounds of moral turpitude;
(i) does not possess assets which are inconsistent with his
declaration of assets or justifiable means, whether held in his own
name or of the dependents or any other person or corporate body in
whose name assets are held in trust or under any other formal or
informal arrangement whereby the de-facto control of such assets
including their sale, transfer or pecuniary interest, is retained by
him;
(j) has not been adjudged a willful defaulter of any tax or other
financial dues owed to the federal, a provincial, or a local
government or any financial institution, including utility bills
outstanding for six months or more;
(k) has not been convicted by a court of competent jurisdiction on a
charge of corrupt practice involving moral turpitude or misuse of
power or authority under any law for the time being in force;
(l) has not been sentenced to imprisonment for more than three
months for an offence under any law and, a period of not less than
five years has elapsed since his release; and in case of a member or
a holder of a public office, has not been sentenced to imprisonment;
(m) has not failed to file the required return of election expenses
or is not convicted for exceeding the limits of election expenses
prescribed under the electoral laws;
(n) has not been declared an un-discharged insolvent by any court;
(o) does not engage in any transaction involving pecuniary interest
with the local government of which he is a member;
(p) does not absent himself without reasonable cause from three
consecutive meetings of the council of which he is a member;
provided that a member shall not be disqualified if the absence was
necessitated by a national emergency or force majeure;
(q) does not fail to attend a training course as required under
section 189 of this Ordinance;
(r) has not been and is not involved, in activities prejudicial to
the ideology, interest, security, unity, solidarity, peace and
integrity of Pakistan and its people, and the good order and harmony
of society; and
(s) has not used, directly or indirectly, for his election the
platform, flag, symbol, affiliation and financial or material
resources or support of a political, religious, ethnic or sectarian
party, formation or organization.
(2) Whoever-
(a) is found by the Chief Election Commissioner to have contravened
the provisions of sub-section (1) shall stand disqualified from
being a candidate for election to any office of the local
governments for a period of four years; or
(b) having been elected as a member of a local government or is a
holder of an elective office of the local government is found by the
Chief Election Commissioner to have contravened the provisions of
sub-section (1) shall cease forthwith to be an elected member or to
hold the office of such member and stand disqualified from being a
candidate for election to a local government for a period of four
years.
153. Non-party elections.- Local government elections shall be held
on non-party basis.
154. Joint candidacy and elections.- (1) A Zila Nazim and Naib Zila
Nazim, a Taluka Nazim and Naib Taluka Nazim, a Town Nazim and Naib
Town Nazim and a Union Nazim and Naib Union Nazim shall contest
election in their respective electoral wards as joint candidates:
Provided that, on occurrence of a casual vacancy, a candidate for
the office of a Nazim or Naib Nazim shall contest the election for
such office in his individual capacity.
(2) Union Nazim and Naib Union Nazim securing the highest number of
votes as joint candidates shall be declared elected.
(3) The Zila Nazim and Naib Zila Nazim, a Taluka Nazim and Naib
Taluka Nazim, and a Town Nazim and Naib Town Nazim securing as joint
candidates more than fifty percent of votes shall be declared
elected.
(4) In case a Zila Nazim or Naib Zila Nazim, or a Taluka Nazim and
Naib Taluka Nazim, or a Town Nazim and Naib Town Nazim do not secure
more than fifty percent of the total votes of the members of the
Union Councils in the respective district, Taluka or, as the case
may be, town there shall be held a fresh election within one week of
the first election for which the joint candidates securing the
highest and the second highest number votes in the first election
shall be contestants, and the joint candidates securing the highest
number of votes in the fresh elections shall be declared elected.
155. Allocation of reserved seats.- (1) Reserved seats for women in
the Zila Council shall be divided among the Talukas and towns in the
City District in proportion to the number of Unions in such Talukas
or, as the case may be, towns.
(2) A Taluka and town in the City District shall be a multi-member
ward for the reserved seats for women in the Zila Council, Taluka
Council and Town Council.
(3) A district shall be a multi-member ward for the reserved seats
for peasants and workers, and minority population in the Zila
Council.
156. Election to vacant seats.- (1) If a seat of a member becomes
vacant during the term of office of a Council, a new member shall be
elected through by-election and the member elected in by-election
shall hold office for the remaining portion of the term of the
Council.
(2) If any seat reserved for women remains vacant, the same shall be
filled through by-elections and the elected women member shall hold
office for the remaining portion of the term of the Council.
(3) All by-elections shall be held once a year on a date or dates
fixed by the Chief Election Commissioner.
1[3-A. The period of one year referred to in sub-section (3) shall
be computed from the date of assumption of office of the Council;
Provided that in a year in which general elections are to be held
the by-election may be held within eighteen months. ]
(4) A vacancy of Union Nazim or Naib Union Nazim shall be filled
through by-election 2[within, as far as practicable, one hundred and
twenty days] of the occurrence of vacancy as provided in sub-section
(1) of section 148].
(5) A vacancy of Zila Nazim, Naib Zila Nazim, Taluka Nazim or Town
Nazim 1[Naib Taluka Nazim or Naib Town Nazim] shall be filled
through by-election 2[within, as far as practicable, one hundred and
twenty days] of the occurrence of vacancy as provided in
sub-sections (2) and (3) of section 148.
(6) When the office of a Zila Nazim, Taluka Nazim or Town Nazim
falls vacant, the members of the concerned Council shall by a
majority vote elect an officiating Nazim from amongst its members as
provided in section 48 and 68 respectively, and the person so
elected shall continue to retain his office as a member also:
Provided that the officiating Nazim shall not be a candidate in the
by-election held for election of the Nazim.
(7) When the office of a Union Nazim, falls vacant, the members of
the concerned Council shall by a majority vote elect an officiating
Union Nazim from amongst its members and the person so elected shall
continue to retain his office as a member also:
Provided that the officiating Nazim shall not be a candidate in the
by-election held for election of the Union Nazim.
157. Electoral rolls.- (1) A person shall be entitled to be enrolled
as a voter if he -
(a) is a citizen of Pakistan;
(b) is not less than eighteen years of age on the first day of
January of the year in which an election is to be held; and
(c) fulfills such other conditions as the Chief Election
Commissioner may specify.
(2) The electoral rolls for the local government elections shall be
prepared by the Chief Election Commissioner in the manner as he may
deem appropriate and the electoral rolls shall not be invalid by
reason of any erroneous description therein of any person listed or
of an omission of the name of any person entitled to be enrolled or
of inclusion of the name of any person not so entitled.
1["158. "Bar against Nazims for dual membership, etc.- A Zila Nazim,
Naib Zila Nazim, Taluka Nazim, Naib Taluka Nazim, Town Nazim, Naib
Town Nazim, Union Nazim and Naib Union Nazim may contest election
for any other political office after resigning from the existing
office of Nazim, or, as the case may be, Naib Nazim;
Provided that a member of Zila council, Taluka Council, Town Council
or Union Council may contest election for any other political office
without resigning from the membership of such Council;
Provided further that such member shall not hold more than one
office at one time"]
1[Explanation: For the purpose of this section, a holder of an
"effective office" means a person who has taken oath in accordance
with the rules made under this Ordinance].
159. Term of office.- (1) The term of office of a local government
shall be 2[four] years commencing on the 14th day of August of the
year in which elections are held:
Provided that a local government, notwithstanding the expiry of its
term of office, shall continue to hold office until the successor
local government assumes office.
(2) The Government shall notify the assumption of offices by Nazims,
Naib Nazims and members of the local governments.
(3) A Zila Nazim, Naib Zila Nazim, Taluka Nazim, Naib Taluka Nazim,
Town Nazim, Naib Town Nazim, Union Nazim or a Naib Union Nazim shall
not hold the same office for more than two terms.
160. Oath of office.- (1)The elected Nazims, Naib Nazims and members
shall take oath before assuming the charge of their respective
offices.
(2) A Zila Nazim, Naib Zila Nazim and the members of Zila Council
shall be administered oath of office by the concerned District and
Sessions Judge.
(3) A Taluka Nazim, Naib Taluka Nazim, Town Nazim, Naib Town Nazim
and members of the Taluka Council and Town Council shall be
administered oath of office by an Additional District and Sessions
Judge designated by the District and Sessions Judge of the concerned
district.
(4) A Union Nazim, Union Naib Nazim and members of a Union Council
shall be administered oath of office by a judicial officer
designated by the District and Sessions Judge of the concerned
district.
161. Removals.- (1) Where proceedings of disqualification under
section 152 have been initiated by any person against a member,
Nazim or Naib Nazim, the Election Commission or any authority
authorised by it may issue a notice to show cause to a member, Nazim
or, as the case may be, Naib Nazim, within a specified period as to
why proceedings against him may not be taken for his removal for
breach of any of the provisions of section 152.
(2) Where the Election Commission or an authority authorised by it
is not satisfied with the reply to the notice to show cause referred
to in subsection (1) or any reply to the said notice is not filed
within the period fixed by him, he may order for an enquiry in the
matter and for that purpose appoint an enquiry officer.
(3) On the basis of enquiry held under sub-section (2), the Election
Commission or an authority authorised by it may order the removal of
a member, Nazim or, as the case may be, Naib Nazim:
Provided that before an order of removal is passed, the member,
Nazim or, as the case may be, Naib Nazim against whom enquiry
proceedings are carried out shall be afforded a reasonable
opportunity of being heard, including personal hearing if so
requested.
162. Resignations.- (1) A member of the Council may resign from his
office by writing under his hand addressed to the Naib Nazim of the
concerned Council, whereupon the resignation shall be deemed to have
been accepted and effective forthwith.
(2) Copies of all resignations shall be forwarded to the Election
Commission and the Government.
(3) Notwithstanding the resignation of a member any proceeding for
removal under section 161, if already initiated, shall not abate.
163. Ineligibility for re-election.- Where a member or a Nazim or a
Naib Nazim has been removed or recalled he shall not be eligible for
re-election to any office of local government for a period of four
years.
164. Notifications to be issued.- The Chief Election Commissioner
shall notify every election, by-election and result of such
elections and resignation, removal or recall of a member, Nazim or
Naib Nazim, as the case may be.
165. Corrupt practice.- A person guilty of bribery, personating, or
undue influence shall be punishable for an offence of corrupt
practice with imprisonment for a term which may extend to three
years, or with fine which may extend to fifteen thousand rupees, or
with both.
166. Bribery.- A person is guilty of bribery, if he, directly or
indirectly, by himself or by any other person on his behalf-
(a) receives, agrees or contracts for any gratification for voting
or refraining from voting or for being or refraining from being a
candidate at, or withdrawing or retiring from, an election;
(b) gives, offers or promises any gratification to any person for
the purpose of -
(i) inducing a person to be or to refrain from being a candidate at
an election; or
(ii) inducing a voter to vote or refrain from voting at any
election; or
(iii) inducing a candidate to withdraw or retire from an election;
or
(iv) rewarding a person for having been or for having refrained from
being a candidate at an election; or
(v) rewarding a voter for having voted or refrained from voting at
an election; or
(vi) rewarding a candidate for having withdrawn or retried from an
election.
Explanation.- In this section, 'gratification' includes a
gratification in money or estimable in money and all forms of
entertainment or employment for reward.
167. Personating.- A person is guilty of personating, 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.
168. Undue influence.- A person is guilty of undue influence, if he-
(a) in order to compel any person to vote, refrain from voting, or
to induce or compel any person to withdraw his candidature at an
election, directly or indirectly, by himself or by any other person
on his behalf-
(i) makes or threatens to make use of any force, violence or
restraint;
(ii) inflicts or threatens to inflict any injury, damage, harm or
loss; or
(iii) uses any official influence or Governmental patronage; or
(b) on account of any person having voted or refrained from voting,
or having withdrawn his candidature, does any of the acts specified
in clause (a); or
(c) by abduction, duress or any fraudulent device or contrivance-
(i) impedes or prevents the free exercise of the franchise by a
voter; or
(ii) compels, induces or prevails upon any voter to refrain from
voting or compels any voter to vote.
Explanation.- In this section, 'harm' includes social ostracism or
ex-communication or expulsion from any caste or community.
169. Illegal practice.- A person is guilty of illegal practice
punishable with fine which may extend to two thousand rupees, if he-
(a) obtains or procures, or attempts to obtain or procure, the
assistance of any officer or official of the Federal Government, a
Provincial Government or a local government or authority to further
or hinder the election of a candidate;
(b) votes or applies for a ballot paper for voting at an election
knowing that he is not qualified for voting or is disqualified from
voting.;
(c) votes or applies for a ballot paper for voting more than once at
any polling station;
(d) removes a ballot paper or a ballot box from a polling station or
destroys, damages or tampers with the ballot-box used at a polling
station;
(e) knowingly induces or procures any person to do any of the
aforesaid acts; or
(f) fails to provide statement of election expenses as required
under
this Ordinance.
(g) makes or publishes a false statement-
(i) concerning the personal character of a candidate or his relation
calculated to adversely affect the election of such candidate or,
for the purpose of promoting or procuring the election of another
candidate, unless he proves that he had reasonable ground for
believing, and did believe, the statement to be true;
(ii) relating to the symbol of a candidate whether or not such
symbol has been allocated to such candidate; or
(iii) regarding the withdrawal of a candidate;
(h) knowingly, in order to support or oppose a candidate, lets,
lends, employs, hires, borrows or uses any vehicle or vessel for the
purpose of conveying voters to or from the polling station, except
when a person conveys himself or any member of the household to
which he belongs, to or from the polling station;
(i) causes or attempts to cause any person present and waiting to
vote at the polling station to depart without voting.
170. Prohibition of canvassing.- A person is guilty of an offence
punishable with fine which may extend to two thousand rupees, if he,
on the polling day in connection with the election-
(a) convenes, calls or organises within a ward any meeting; or
(b) within a radius of two hundred meters of the polling station-
(i) canvasses for votes;
(ii) solicits vote of any voter;
(iii) persuades any voter not to vote at the election or for a
particular candidate; or
(iv) exhibits, except with the permission of the returning officer
and at a place reserved for the candidate or his polling agent
beyond the radius of one hundred meters of the polling station, any
notice, sign, banner or flag designed to encourage the voters to
vote, or discourage the voters from voting, for any contesting
candidate.
171. 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 three thousand
rupees, or with both, if he-
(a) uses, in such manner as to be audible within the polling station
any gramophone, megaphone, loudspeaker or other apparatus for
reproducing or amplifying sounds; or
(b) persistently shouts in such manner as to be audible within the
polling station; or
(c) does any act which-
(i) disturbs or causes annoyance to any voter visiting a polling
station for the purpose of voting; or
(ii) interferes with the performance of the duty of a presiding
officer, polling officer or any other person performing any duty at
a polling station; or
(d) abets the doing of any of the aforesaid acts.
172. Tampering with papers.- 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 two thousand rupees, or
with both, if he;
(a) fraudulently defaces or destroys any nomination paper or ballot
paper;
(b) fraudulently takes out of the polling station any ballot paper
or puts into any ballot box any ballot paper other than the ballot
paper he is authorized under the rules 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 or ballot papers in use for the purpose of election;
or
(iii) breaks any seal affixed in accordance with the provisions of
the rules; or
(d) causes any delay or interruption in the beginning, conduct or
completion of the procedure required to be immediately carried out
on the close of the poll; or
(e) fraudulently or without due authority attempts to do any of the
aforesaid acts.
173. Interference with the secrecy of voting.- A person is guilty of
an offence punishable with imprisonment which may extend to six
months, or with fine which may extend to two thousand rupees, or
with both, if he:
(1) interferes or attempts to interfere with a voter when he records
his vote;
(2) in any manner obtains or attempts to obtain, in a polling
station, information as to the candidate for whom a voter in that
station is about to vote or has voted, or
(3) communicates at any time any information obtained in a polling
station as to the candidate for whom a voter in that station is
about to vote or has voted.
174. Failure to maintain secrecy.- Any candidate or polling agent
attending a polling station, or any person attending the counting of
votes, is guilty of an offence punishable with imprisonment which
may extend to six months, or with fine which may extend to two
thousand rupees, or with both, if he-
(a) fails to maintain or aid in maintaining the secrecy of voting;
or
(b) communicates any information obtained at the counting of votes
as to the candidate for whom any vote is given by any particular
ballot paper.
175. Conduct of officials.- A 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 five thousand rupees, or
with both, if he, during the conduct or management of an election or
maintenance of order at the 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;
(d) does any other act calculated to further or hinder the election
of a candidate;
(e) fails to maintain or aid in maintaining the secrecy of voting;
(f) communicates, except for any purpose authorised by any law, to
any person before the poll is closed any information as to the name
or number on the electoral roll of any voter who has or has not
applied for a ballot paper, or has or has not voted at a polling
station; and
(g) communicates any information obtained at the counting of votes
as to the candidate for whom any vote is given by any particular
ballot paper.
176. Breach of official duty.- A presiding officer or any other
person employed by any such officer in connection with his official
duties imposed by or under this Ordinance, is guilty of an offence
punishable with fine which may extend to five thousand rupees, if
he, without reasonable cause, does or omits to do an act in breach
of any official duty.
177. Assistance by government servants.- A person in the service of
the Federal Government, a Provincial Government, a local government,
or a body owned or controlled by the Federal or a Provincial
Government 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 thousand rupees, or with both if he, in any manner, gives
any assistance calculated to further or hinder the election of a
candidate.
178. Summary trial.- All offences under this Ordinance except the
offences under sections 165 to 168 shall be tried summarily under
the provisions of the Code of Criminal Procedure 1898 (Act V of
1898).
179. Cognizance.- No court shall take cognisance of the offences
under sections 175 and 176 except on the complaint in writing of the
returning officer concerned.
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