- Chapter – XV) Conduct of Elections
- 53. Notification of election date and call up for election.–
- 54. Only nominated and eligible persons allowed to contest elections.–
- 55. Manner of conducting Elections.–
- 56. Code of Conduct for elections.–
- 57. Returned Candidates.–
- 58. Announcement of Results. –
- 59. Election to be called in question only before Election Tribunal.–
- 60. Notification of vacancy and bye-election.–
Chapter – XV) Conduct of Elections #
53. Notification of election date and call up for election.– #
(1) Through an order published in the official Gazette, the Election Commission shall, after consultation with the Secretary, fix a date or several dates for elections to one or more electoral units under this Act:
(2) The Election Commission shall thereby call upon:
(a) the voters of the electoral unit to elect the Head of the local government, Deputy Mayors or Vice Chairperson as the case maybe, and Councillors; and
(b) the Councillors, other than the Councillors of the Union Council, to elect the Speaker.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| – | 91 | 53 | 62 | 53 |
54. Only nominated and eligible persons allowed to contest elections.– #
(1) No person shall be nominated for an election under this Act unless he is otherwise eligible for an election in terms of section 61 of this Act.
(2) No person, shall contest an election under this Act unless a Political Party or an Electoral Group includes that person as candidate for Head of the local government, Deputy Mayor, Vice Chairperson or a Councillor on its lists of candidates.
(3) The Returning Officer shall not accept the nomination of a candidate unless the amount as may be prescribed, is paid in cash or in the form of a bank draft or pay order in favour of the Election Commission by or on behalf of the candidate as candidature fee.
(4) The candidature fee paid by or on behalf of the candidate shall be non-refundable.
(5) A candidate may pay only one candidature fee even if such candidate is nominated for the same seat by more than one nomination papers.
(6) The Returning Officer shall, in the prescribed manner, after public notice and hearing the person nominated as a candidate or a person authorized by him in this behalf, satisfy himself that each nomination has been properly made and the person nominated as a candidate is eligible to be a candidate for the relevant election, under this Act.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| – | 92 | 54 | 63 | 54 |
55. Manner of conducting Elections.– #
Subject to the provisions of this Act and the Elections Act, the elections under this Act shall be conducted in the prescribed manner.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| 29 | – | 55 | 64 | 55 |
56. Code of Conduct for elections.– #
(1) The Election Commission shall by an order published in the official Gazette, issue a Code of Conduct for candidates, election agents, polling agents and other relevant persons for every election under this Act.
(2) The Code of Conduct issued under subsection (1) shall, among other things, define the consequences of violation of its provisions and the authority responsible for taking cognizance of such violations and their powers for such purpose.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| – | 96 | 56 | 65 | 56 |
57. Returned Candidates.– #
(1) The candidates to the office of the Head of the local government, Deputy Mayor or Vice Chairperson as the case may be, and Councillors to the reserved seats, as joint candidates, appointed by the Political Party or the Electoral Group, securing highest number of votes in the respective electoral unit shall stand elected.
(2) The candidates to the office of a general Councillor shall be elected in the ranking order given by the Political Party or the Electoral Group on whose list they are contesting, in proportion to the votes secured by that Political Party or, as the case may be, Electoral Group in the respective electoral unit.
(3) Where there is equality of votes between two or more political parties or Electoral Groups obtaining highest votes, the Returning Officer shall recount the votes and in case equality still exists, forthwith draw a lot in respect of such political parties or Electoral Groups and on whom the lot falls, its candidate shall be declared elected.
(4) The Councillor of a local government, except a Union Council, securing highest number of votes of the Councillors, in the first meeting of the Council shall stand elected as the Speaker.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| – | 97 | 57 | 66 | 57 |
Comments
As already discussed in comments to section 47 of the Act, each voter in the electoral unit shall cast one vote to the Political Party or an Electoral Group. On securing higher number of votes, the candidates of the Political Party or an Electoral Group appointed to contest the office of the Head of the local government, Deputy Mayor or Vice Chairperson and Councillors to the reserved seats, as joint candidates, in the respective electoral unit shall stand elected. In so far as candidates to the office of the general Councillors are concerned, they shall be elected in the ranking order given by the Political Party or the Electoral Group in proportion to the votes secured by it.
58. Announcement of Results. – #
Immediately after the counting of votes, the results of every election under this Act shall be announced through a public notice by the Returning Officer which shall be followed by a notification in the official Gazette by the Election Commission.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| – | 97,106 | 58 | 67 | 58 |
59. Election to be called in question only before Election Tribunal.– #
(1) No election under this Act shall be called in question except through an election petition made to the Election Tribunal constituted under the Elections Act.
(2) The Election Tribunal shall follow procedures and exercise powers under the Elections Act.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| 38,39 | 98 | 59 | 68 | 59 |
Comments
Matter in the judgment of the august Supreme Court of Pakistan vide judgment reported as 2016 SCMR 1215 titled “Abdul Rasheed and another v. Election Appellate Authority and others”, related to rejection of nomination papers of the petitioners by the Retuning Officer vide order dated 16.09.2015 on account of assets and liabilities required to be disclosed. However, the Appellate Authority, for not signing the nomination papers by one of the petitioner, vide order dated 23.09.2015 set aside the order of the Returning Officer with direction to get the defect rectified by the petitioner under rule 14(7) of the Punjab Local Governments (Conduct of Election) Rules, 2013 and since clearance certificate from MEPCO has been submitted by the petitioners, none of them is defaulter. Matter was agitated by the respondents by filing writ petition and the High Court seized of the matter by holding that candidate is bound to declare assets and liabilities under rule 12(4) of the Punjab Local Governments (Election) Rules, 2013, treated the same to be visited by rejection of nomination in terms of rule 14(3)(c) of the Rules. The Supreme Court held that:
“In our view of the dictum laid down in “Darya Khan vs. Mehran Khan (PLD 1974 Karachi 209) (para 30 page 222) is also attracted in cases where the Authority under Local Government Act allows the candidate to contest the election, same cannot be challenged in writ jurisdiction in the High Court for the simple reason that such challenge could be thrown in post-election proceedings through Election Petition under section 39 as mandated under the Punjab Local Government Act, 2013.”
The High Court vide judgment reported as 2018 Y L R 173 in the matter of “Muhammad Ashraf and others v. District Judge/Appellate Authority, R. Y. Khan” held that:
“8. Even otherwise, once a candidate who is running for election is allowed to contest election by the Returning Officer and so also endorsed by the Appellate Authority, then in such case, as held in the case of “Ghulam Mustafa Jatoi v. Additional District and Sessions Judge” (1994 SCMR 1299), the apex court has set as follows:–
“The upshot of the above discussion is that generally in an election process the High Court cannot interfere with by invoking its constitutional jurisdiction in view of Article 225 of the Constitution. However, this is subject to an exception that where no legal remedy is available to an aggrieved party during the process of election or after its completion, against an order of an election functionary which is patently illegal/without jurisdiction and the effect of which is to disfranchise a candidate, he can press into service Constitutional Jurisdiction of the High Court.
9. In this case, it has not been pointed out that how the order passed by the Returning Officer and the appellate authority are patently illegal and without jurisdiction.
10. For the foregoing reasons, no illegality or infirmity has been found in the impugned orders passed by the two forums below. This petition fail, therefore, the same is dismissed.”
In the judgment of the Hon’ble Islamabad High Court in “Mrs. Sumaria Malik and another Vs. Election Commission of Pakistan through Secretary, Islamabad and others vide judgment reported as 2018 YLR 104, the matter was that the petitioner being elected Members of District Council, Khushab, contested the elections for the Seats of Chairman and Vice-Chairman respectively of District Council, Khushab held on 22.12.2016 as joint candidates. The respondents also contested the elections for the same Seats as joint candidates. At the close of polls, votes were counted in presence of candidates and their agents and petitioners were declared successful as having obtained 33-votes, while respondents obtained 32-votes. All the candidates and their election agents signed the certificate confirming no objection regarding the conduct of polls as well as the counting of votes; where-after statement of count was issued to the parties and the Returning Officer issued official result declaring the petitioners as returned candidates. On 23.12.2016, the Returning Officer under Rule 36 of Punjab Local Government (Conduct of Elections) Rules, 2013, conducted the consolidation proceedings in presence of parties and issued consolidated statement dated 23.12.2016. On 26.12.2016, respondents filed a petition before Election Commission of Pakistan for declaring election of the petitioners as void, which was allowed vide order dated 28.12.2016. The Hon’ble Court vide para-7 of the judgment reported that:
“7. The Hon’ble Lahore High Court, Lahore in a case reported as ‘Muhammad Mamoon Tarar v. Election Commission of Pakistan and others’ (2016 CLC 1708) has held as follows:–
“In the present case, the election process came to an end with the consolidation of result by filing Form XIII. Any challenge thereafter to the process could only be made before the Election Tribunal in terms of Section 44 of the Act. Hence this case does not support the contentions of respondents Nos.5 and 6”
8. In the instant case as well, results were duly consolidated by the Returning Officer and the statement in this behalf was duly signed hence the election process came to an end and was only to be notified by the Election Commission of Pakistan. In the referred facts and circumstances, the only course open to respondents Nos.2 and 3 was to challenge the elections before the Election Tribunal under the Act and the Rules. In this behalf, the case law cited by learned counsel for the petitioners is instructive. Reliance is placed on cases reported as ‘Moulana Atta-ur-Rehman v. Al-Hajj Sardar Umar Farooq and others’ (PLD 2008 Supreme Court 663) and ‘Abdul Rasheed and another v. Election Appellate Authority and others’ (2016 SCMR 1215).
11. The principles laid down in the case law relied upon by learned counsel for respondents Nos.2 and 3 are not applicable in the facts and circumstances of the instant case inasmuch as the case of Watan Party supra pertains to the election under Representation of People Act and does not confer any inherent power/jurisdiction on the Election Commission to adjudicate the election disputes. Moreover, the Election Commission of Pakistan, in elections held under the Act and the Rules, does not have the adjudication power even of summary nature inasmuch as no provision similar to section 103-AA of Representation of People Act, 1976 exists either in the Act or the Rules.
12. In view of above, instant writ petition is allowed and the impugned order dated 28.12.2016 passed by respondent No.1 is set aside.”
In the judgment reported as 2018 CLC 1032 in the matter of “Zahoor Ahmad Shah alias Phool Shah and another v. Election Tribunal, Sahiwal Division and 8 others”, the Hon’ble High Court, Multan held that:
15. According to the afore referred rule, the Election Tribunal is competent to allow amendment of the petition subject to the terms and conditions it thinks fit provided no new ground of challenge to the election is sought to be added by the petitioner. The Election Tribunal has imposed cost of Rs.10,000/- upon respondents Nos. 2 and 3 for allowing them to make the afore-referred contesting candidates as respondents in this petition. The permission to amend the petition was discretionary with the Election Tribunal which discretion has been exercised by it on the basis of material available before it. This Court in constitutional petition does not ordinarily interfere in the discretionary orders passed by the Court/Tribunal of competent jurisdiction unless the same suffer from illegality, perversity or erroneous exercise of jurisdiction.”
In the judgment reported as 2017 MLD 1209 in the matter of “Muhammad Ashraf v. Election Commission and others”, the appellant and respondents contested elections of Union Council on 05.12.2015. After consolidation of result, the name of the appellant was forwarded as returned candidate for Ward No.5, Union Council No.36. However, the name of respondent No.3 was published in the Official Gazette on 21.12.2015 as the returned candidate for Ward No.5 UC No.36. The appellant submitted an application before the Election Commission for rectification of the mistake made in the notification issued on 21.12.2015 which was accepted and a corrigendum was issued on 11.01.2016 whereafter the appellant took oath of office as General Councilor. The respondent filed an election petition before the Election Tribunal on 13.01.2016 and the while the same was pending, the respondent also filed writ petition against application filed by the appellant apprehending action by the Election Commission. The Hon’ble Court held that essentially, the corrigendum was issued to correct a clerical mistake and therefore, it did not merit any interference through a constitutional petition.
60. Notification of vacancy and bye-election.– #
(1) The Election Commission shall, on receiving information, within fifteen days from the date of receipt of information, notify a vacancy occurred due to death, resignation, disqualification or removal of a Head of a local government, Deputy Mayor, Vice Chairperson, Speaker or Councillor and publish the same in the official Gazette, and thereafter, Election Commission shall notify Election Programme and also publish the same in the official Gazette.
(2) Election Commission shall notify returned candidates elected under section 69 and 70 of the Act.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| 37 | 106 | 60 | 69 | 60 |
