PART – II [Relevant Provisions of Elections Act, 2017, Relating to Local Government Elections]

RELEVANT PROVISIONS OF ELECTIONS ACT, 2017, RELATING TO LOCAL GOVERNMENT ELECTIONS

THE ELECTIONS ACT, 2017

[ACT NO. XXXIII OF 2017]

An Act to amend, consolidate and unify laws relating to the conduct of elections.

WHEREAS it is expedient to amend, consolidate and unify laws relating to the conduct of elections and matters connected therewith or ancillary thereto;

It is hereby enacted as follows:—

1. Short title, extent and commencement. — (1) This Act may be called the Elections Act, 2017.

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

(ii) “applicable local government law” means an Act of Majlis-e-Shoora (Parliament) or of a Provincial Assembly for establishment of a local government and includes an Ordinance;

(xxii) “Government” means the Federal Government and ‘any Government’ means the Federal Government, a Provincial Government or a local government;

(xxv) “local government” means a local government, by whatever name called, established by law;

(xxviii) “political party” means an association of citizens or a combination or group of such associations formed with a view to propagating or influencing political opinion and participating in elections for any elective public office or for membership of a legislative body, including an Assembly, the Senate, or local government;

(xli) “voter” means—

(a) in relation to an Assembly or a local government, a person who is enrolled as a voter on the electoral roll of any electoral area in a constituency; and

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

3. Procedure of the Commission. — (1) In the performance of its functions, and duties and exercise of its powers, the Commission shall regulate its own procedure.

(2) The Commission may exercise its powers and perform its functions even if the office of any member of the Commission is vacant or any of the members is, for any reason, unable to attend the proceedings of the Commission, and the decision of the majority of the members shall have the effect of the decision of the Commission.

(3) If, upon any matter requiring a decision of the Commission, there is difference of opinion amongst 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:

Provided that—

(a) where the members attending the proceedings of the Commission are four and they are equally divided in their opinion; or

(b) where the members attending the proceedings of the Commission are three and there is difference of opinion amongst them;

the matter shall be placed for decision before the full Commission, comprising all its members.

(4) In this section and section 6, the term ‘member of the Commission’ includes the Commissioner.

4. Power to issue directions.— (1) The Commission shall have the power to issue such directions or orders as may be necessary for the performance of its functions and duties, including an order for doing complete justice in any matter pending before it and an order for the purpose of securing the attendance of any person or the discovery or production of any document.

(2) Any such direction or order shall be enforceable throughout Pakistan and shall be executed as if it had been issued by the High Court.

(3) Anything required to be done for carrying out the purposes 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.

5. Assistance to the Commission.— (1) 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.

(2) It shall be the duty of all executive authorities in the Federation and in the Provinces to render such assistance to the Commissioner and the Commission in the discharge of his or its functions as may be required by the Commissioner or the Commission.

(3) The Federal Government and each Provincial Government shall make available to the Commission such staff as it may require for the performance of its functions under this Act:

Provided that where the Commission decides to utilize the services of serving judicial officers, it may do so in consultation with the Chief Justice of the High Court concerned.

(4) After the Election Programme has been issued and till the publication of the names of the returned candidates in the official Gazette, any Government or authority shall not post or transfer any official appointed or deputed in connection with an election without prior approval in writing of the Commission, including posting or transfer the decision in respect whereof has not been implemented, and the Commission may itself issue necessary directions to any such Government or authority for the posting or transfer of any official.

6. Delegation of powers.— (1) The Commission may authorize the Commissioner or any of its members or any of the officers of the Commission to exercise and perform any of its powers and functions under this Act.

(2) The Commissioner shall exercise powers relating to the appointment of officers and staff to be employed in connection with the functions of the Commission and determine their terms and conditions of employment in accordance with the Rules.

(3) The Commissioner shall constitute benches comprising [two] or more members of the Commission to hear and decide complaints, applications, petitions or appeals filed before it under this Act.

(4) The decision of a Bench constituted under sub-section (3) shall be deemed to be a decision of the Commission except where due to difference of opinion among members of the bench, the matter is required to be placed before the full Commission for decision under section 3.

7. Power to requisition property.— (1) A Provincial Government, deputy commissioner, political agent or head of district administration, by whatever name called, shall, upon a request made in this behalf by the Commission, requisition a vehicle, vessel or other means of transportation 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 duty in connection with an election.

(2) A Provincial Government, deputy commissioner, political agent or head of district administration, by whatever name called, shall not requisition a vehicle, vessel or other means of transportation which is being used by a candidate or his election agent for any purpose connected with the election of such candidate.

(3) Any person authorized in this behalf by the Provincial Government may take possession of a vehicle, vessel or other means of transportation requisitioned under sub-section (1) and may for that purpose use such force, including police force, as may be reasonably necessary.

(4) Where any vehicle, vessel or other means of transportation 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 other means of transportation on the basis of the fares and rates prevailing in the locality for its hire.

(5) Where the owner of the vehicle, vessel or other means of transportation, 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 agreed upon by the parties, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Provincial Government may determine.

8. Power of Commission to ensure fair election.—

Save as otherwise provided, the Commission may—

(a) stop the polls at one or more polling stations 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, exercise such powers and make such consequential orders as may in its opinion, be necessary for ensuring that an election is conducted honestly, justly, fairly and in accordance with the provisions of this Act and the Rules.

9. Power of the Commission to declare a poll void.—

(1) Not with standing anything contained in this Act, if, from facts apparent on the face of the record and after such enquiry as it may deem necessary, the Commission is satisfied that by reason of grave illegalities or such violations of the provisions of this Act or the Rules as have materially affected the result of the poll at one or more polling stations or in the whole constituency including implementation of an agreement restraining women from casting their votes, it shall make a declaration accordingly and call upon the voters in the concerned polling station or stations or in the whole constituency as the case may be, to recast their votes in the manner provided for bye-elections.

Explanation.— If the turnout of women voters is less than ten percent of the total votes polled in a constituency, the Commission may presume that the women voters have been restrained through an agreement from casting their votes and may declare, polling at one or more polling stations or election in the whole constituency, void.

(2) Notwithstanding the powers conferred on it by sub-section (1), the Commission may order filing of complaint under this Act before a court of competent jurisdiction against persons who entered into the agreement referred to in sub-section (1).

(3) Notwithstanding the publication of the name of a returned candidate under section 98, 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 the decision of an Election Tribunal on an election petition, if any.

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

(5) Any person aggrieved by a declaration of the Commission under this section may, within thirty days of the declaration, prefer an appeal to the Supreme Court.

10. Power to punish for contempt.—

The Commission may exercise the same power as the High Court to punish any person for contempt of court and the Contempt of Court Ordinance, 2003 (V of 2003), or any other law pertaining to contempt of court 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.

15. Complaints.—

(1) Any person aggrieved by any decision or action taken or direction issued by an authority subordinate to the Commission or any action of a political party or a candidate in violation of the Code of Conduct may, within seven days of such decision or action, submit a complaint to the Commission pertaining to matters other than relating to election disputes falling under Article 225.

(2) The Commission may refer the complaint received under sub-section (1) to such authority as it may deem appropriate for enquiry and report.

(3) The Commission may, on receipt of enquiry report or after hearing the complainant and any other person relevant to the proceedings itself and holding a summary enquiry, pass such orders as it may deem fit within thirty days from the date of receipt of the complaint:

Provided that the Commission shall, before the day of polling, make every effort to decide a complaint received prior to that day.

(4) The Commission may also act under this section on its own accord.

(5) The Commission shall publish the order passed under sub-section (3) on its website.

17. Commission to delimit constituencies. —

(1) The Commission shall delimit territorial constituencies for elections to the National Assembly, each Provincial Assembly and to the local governments in accordance with the provisions of the Constitution, this Act, the Rules and the applicable local government law.

(2) The Commission shall delimit constituencies after every census officially published.

19. Delimitation of constituencies.—

(1) For the purpose of election to the National Assembly, the Commission shall divide—

(a) each Province into as many separate territorial constituencies as the number of general seats allocated to that Province in Article 51; and

(b) Islamabad Capital Territory into as many separate territorial constituencies as the number of general seats allocated thereto in Article 51.

(2) A Province shall be a single constituency for all seats reserved for women which are allocated to each Province in Article 51.

(3) The constituency for all seats reserved for non-Muslims in the National Assembly shall be the whole country.

(4) For the purpose of election to Provincial Assemblies, the Commission shall divide each Province into as many separate territorial constituencies as the number of general seats specified in Article 106.

(5) The constituencies for the seats reserved for women and non-Muslims in the Provincial Assemblies shall be such that each Province forms one constituency with as many such seats as are allocated to that Province in Article 106.

(6) For the purpose of election to the local governments, the Commission shall carry out delimitation with due regard to the applicable local government law.

20. Principles of delimitation.—

(1) All constituencies for general seats shall, as far as practicable, be delimited having regard to the distribution of population in geographically compact areas, physical features, existing boundaries of administrative units, facilities of communication and public convenience and other cognate factors to ensure homogeneity in the creation of constituencies.

(2) [omitted]

(2A) For the purpose of delimiting constituencies, for the general seats of the Provincial Assembly of Khyber Pakhtunkhwa for Tribal Areas two or more separate areas may be grouped into one constituency for the their elections to be held in 2019 and Bye-elections related thereto and thereafter this sub-section shall stand omitted.

(3) As far as possible, variation in population of constituencies of any Assembly or a local government shall not ordinarily exceed ten percent:

Provided that for this purpose, it shall not be necessary to strictly adhere to the existing district boundaries in exceptional cases.

(4) If the limit of ten percent under sub-section (3) is exceeded in an exceptional case, the Commission shall record reasons thereof in the delimitation order.

21. Reports of Commission and list of constituencies.—

(1) For the purpose of delimiting constituencies, the Commission may receive and consider representations, hold inquiries, summon witnesses and record evidence, and shall prepare and publish in the official Gazette a preliminary report and list of constituencies specifying the areas proposed to be included in each constituency.

(2) The Commission shall invite representations in respect of the preliminary report within a period of thirty days from the date of publication.

(3) A voter in a constituency may, within the period specified in subsection (2), make a representation to the Commission in respect of the delimitation of that constituency proposed in the preliminary report.

(4) The Commission shall, after hearing and considering the representations, if any, received by it, make such amendments, alterations or modifications in the preliminary list of constituencies published under sub-section (1) as it thinks fit or necessary, and shall, within a period of thirty days from the last date fixed for making representation under sub-section (2), publish in the official Gazette and on its website, the final report and list of constituencies showing the areas included in each constituency.

22. Power of Commission to make amendment, alteration or modification in the final list of constituencies.—
(1) Notwithstanding anything contained in this Act, the Commission may, at any time but at least four months before notification of the Election Programme, of its own motion and for reasons to be recorded, make such amendments, alterations or modifications in the final list of constituencies published under sub-section (4) of section 21 or in the areas included in a constituency, as it deems necessary.

(2) The Commission shall publish in the official Gazette and on its website the proposed amendments, alterations or modifications with their justifications and invite and hear representations in respect thereof before taking final decision thereon.

139. Election petition.—

(1) No election shall be called in question except by an election petition filed by a candidate for that election.

(2) In this Chapter—

(a) ‘corrupt or illegal practice’ means a ‘corrupt practice’ or an ‘illegal practice’ as defined in Chapter X;

(b) ‘petitioner’ means the candidate who has filed an election petition; and

140. Appointment of Election Tribunals.— (1) For the trial of election petitions under this Act, the Commission shall appoint as many Election Tribunals as may be necessary for swift disposal of election petitions.

(2) An Election Tribunal shall comprise—

(a) in the case of an election to an Assembly or the Senate, a person who is a Judge of a High Court; and

(b) in the case of an election to a local government, a District and Sessions Judge or an Additional District and Sessions Judge.

(3) The Commission shall appoint a sitting judge as Election Tribunal in consultation with the Chief Justice of the High Court concerned.

141. Powers of the Election Tribunal.—

(1) The Election 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.

(2) For the purpose of enforcing attendance of witnesses, the local limits of the jurisdiction of the Election Tribunal shall be the territories to which this Act extends.

142. Presentation of petition.—

(1) An election petition shall be presented to the Election Tribunal 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 Commission, under the prescribed head of account, as security for the costs of the petition, such amount as may be prescribed.

(2) An election petition shall be deemed to have been presented—

(a) when delivered to the Election Tribunal appointed under section 140—

(i) by the petitioner in person; or

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

(b) when sent by registered post or courier service to the Election Tribunal by the petitioner.

(3) An election petition, if sent by registered post or courier service, shall be deemed to have been presented in time if it is posted or sent within the period specified in sub-section (1).

143. Parties to the petition.—

(1) The petitioner shall join as respondents to his election petition all other contesting candidates.

(2) The Election Tribunal may direct the petitioner to join any other person as respondent against whom any specific allegation of contravention of this Act has been made.

(3) The petitioner shall serve a copy of the election petition with all annexures on each respondent, personally or by registered post or courier service, before or at the time of filing the election petition.

144. Contents of petition.—

(1) An election petition shall contain—

(a) a precise statement of the material facts on which the petitioner relies; and

(b) full particulars of any corrupt or illegal practice or other illegal act alleged to have been committed, including names of the parties who are 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.

(2) The following documents shall be attached with the petition—

(a) complete list of witnesses and their statements on affidavits;

(b) documentary evidence relied upon by the petitioner in support of allegations referred to in clause (b) of sub-section (1);

(c) affidavit of service to the effect that a copy of the petition along with copies of all annexures, including list of witnesses, affidavits and documentary evidence, have been sent to all the respondents by registered post or courier service; and

(d) the relief claimed by the petitioner.

(3) A petitioner may claim as relief any of the following declarations—

(a) that the election of the returned candidate is void and petitioner or some other candidate has been elected; or

(b) that the election of the returned candidate is partially void and that fresh poll be ordered in one or more polling stations; or

(4) An election petition and its annexures shall be signed by the petitioner and the petition shall be verified in the manner laid down in the Code of Civil Procedure, 1908 (Act V of 1908) for the verification of pleadings.

145. Procedure before the Election Tribunal.—

(1) If any provision of section 142, 143 or 144 has not been complied with, the Election Tribunal shall summarily reject the election petition.

(2) If an election petition is not rejected under sub-section (1), the Election Tribunal shall issue notice to each of the respondents through—

(a) registered post acknowledgement due;

(b) courier service or urgent mail service;

(d) affixing a copy of the notice at some conspicuous part of the house, if any, in which the respondent is known to have last resided or at a place where the respondent is known to have last carried on business or personally worked for gain;

(e) publication in two widely circulated daily newspapers at the cost of the petitioner; and

(f) any other manner or mode as the Tribunal may deem fit.

146. Appearance before Election Tribunal.—

(1) Any appearance, application or act before an Election 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 a 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.

(2) If a respondent fails to appear before the Election Tribunal on a date of hearing despite service of notice through any one of the modes mentioned in section 145, the Tribunal shall proceed against the respondent ex-parte.

147. Contents of reply.—

(1) The reply by a respondent to an election petition shall contain a precise statement of the material facts on which the respondent relies to rebut the allegations in the election petition.

(2) The respondent shall, amongst others, attach the following documents with the reply—

(a) complete list of witnesses and their statements on affidavits; and

(b) documentary evidence relied upon by the respondent to rebut the allegations in the election petition.

(3) In addition to dismissal of the election petition, the respondent may claim costs of the proceedings as well as award of special costs if the election petition is held to be frivolous or vexatious.

148. Procedure before Election Tribunal for trial of petitions.—

(1) Subject to this Act and the Rules, the trial of an election petition shall be, as nearly as possible, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Act V of 1908) to the trial of suits and the Qanun-e-Shahadat Order, 1984 (President‘s Order. No. X of 1984).

(2) The Election Tribunal shall, unless it directs otherwise for reasons to be recorded, order any or all the facts to be proved or disproved by affidavit and may, for the purposes of expeditious disposal, apply such other procedure as the circumstances of the case may warrant.

(3) [Omitted]

(4) On filing of reply by the respondent, the Election Tribunal may, with the consent of parties, fix specific dates for trial and disposal of the petition, providing for continuous hearing without adjournment.

(5) If the parties do not consent to specific dates under sub-section (4), the Election Tribunal shall proceed with the trial of the election petition on dayto-day basis and no adjournment shall be granted to any party for more than seven days and that too on payment of one hundred thousand rupees and the election petition shall be decided within one hundred and eighty days of its filing.

(6) If an election petition is not finally decided within one hundred and [eighty] days—

(a) further adjournment sought by a party shall be granted only on payment of special costs [ranging from ten thousand to fifty] thousand rupees per adjournment and adjournment shall not be granted for more than three days;

(b) if the Election Tribunal itself adjourns the election petition, it shall record reasons for such adjournment;

(c) 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 Election Tribunal itself or on application of the aggrieved party, may, after issuance of show cause notice to the returned candidate and within fifteen days of the date of show cause notice, order that the returned candidate has ceased to perform the functions of his office either till the conclusion of the proceedings or for such period as the Tribunal may direct; and

(d) if a serving Judge is the Election Tribunal, the Commission shall request the Chief Justice of the High Court that no judicial work other than election petitions should, to the extent practicable, be entrusted to him till the final disposal of the election petitions.

(7) The Election Tribunal may, for reasons to be recorded, refuse to examine any witness if it is of the opinion that the evidence of such witness is not material for the decision of the election petition or that the party on whose behalf such witness has been summoned has done so on frivolous grounds or with a view to delaying the proceedings.

(8) Notwithstanding anything contained in any other law, no document shall be inadmissible in evidence at the trial of an election petition only on the ground that it is not properly stamped or registered under the relevant law.

(9) A witness shall not be excused from answering any question as to any matter in issue or relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may incriminate or tend to incriminate him or that it may expose or tend to expose him to any penalty or forfeiture, but a witness shall not be required or permitted to state for whom he has voted at an election.

(10) A witness who truly answers all questions which he is required to answer may be granted a certificate of indemnity by the Election 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.

(11) A certificate of indemnity granted to any witness under sub-section (10) 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, 1860 (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.

(12) The Election Tribunal shall direct any party to pay reasonable expenses incurred by any person in attending the Tribunal to give evidence and shall, unless the Tribunal otherwise directs, be deemed to be part of the costs.

149. Amendment of petition.—

(1) The Election Tribunal may, at any time before the commencement of recording of evidence and upon such terms and on payment of such costs as it may direct, allow the petitioner to amend the election petition 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 but shall not permit raising of a new ground of challenge to the election through such amendment.

(2) At any time during the trial of an election petition, the Election Tribunal may call upon the petitioner to deposit such further sum by way of security, in addition to the sum deposited under section 142 as it may deem fit and shall dismiss the election petition, if the petitioner fails to make the further deposit.

150. Place of trial.—

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

151. Power to transfer petition.—

The Commission may at any stage, on its own motion or on an application of a party and for reasons to be recorded, transfer an election petition from one Election Tribunal to another Election Tribunal and the Election Tribunal to which the election petition is transferred—

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

(b) may, if it deems fit, recall and examine any witness who has already been examined.

152. Advocate-General to assist the Election Tribunal.—

The Advocate-General for a Province shall, if an Election Tribunal requires, assist the Tribunal at the hearing of an election petition in such manner as it may require.

153. 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 elected, the returned candidate or any other respondent 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.

(2) The Election Tribunal shall not allow the returned candidate or other respondent to produce evidence under sub-section (1) unless he has, within the fourteen days next following the commencement of the trial, given notice to the Tribunal of his intention to produce such evidence and has also deposited the amount under section 142.

(3) Every notice referred to in sub-section (2) 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.

154. Decision of the Election Tribunal.—

(1) The Election Tribunal may, upon the conclusion of the trial of an election petition, make an order—

(a) dismissing the petition;

(b) declaring—

(i) the election of the returned candidate to be void and directing that fresh poll be held in one or more polling stations;

(ii) the election of the returned candidate to be void and the petitioner or any other contesting candidate to have been elected; or

(iii) the election as a whole to be void and directing that fresh election be held in the entire constituency.

(2) Save as provided in section 155, the decision of an Election Tribunal on an election petition shall be final.

155. Appeal against decision of Election Tribunal.—

(1) Any person aggrieved by the final decision of the Election Tribunal in respect of an election petition challenging election to an Assembly or Senate may, within thirty days of the date of the decision, appeal to the Supreme Court.

(2) Any person aggrieved by the final decision of the Election Tribunal in respect of an election petition challenging election to a local government, may, within thirty days of the date of the decision, appeal to the High Court having jurisdiction and the decision of the High Court on such appeal shall be final.

(3) An appeal under sub-sections (1) and (2) shall be decided within one hundred and eighty days:

Provided that an injunctive order if passed shall stand vacated automatically if the appeal is not decided by the High Court or the Supreme Court, as the case may be, within one hundred and eighty days.

156. Ground for declaring election of returned candidate void.—

(1) The Election Tribunal shall declare the election of the returned candidate to be void if—

(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

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

(2) If the contravention or corrupt or illegal practice is proved at a polling station, the Election Tribunal may, while declaring election of the returned candidate void, direct re-poll at the polling station.

(3) 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 Election 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.

157. Ground for declaring a person other than a returned candidate elected.—

The Election Tribunal shall declare the election of the returned candidate to be void and the petitioner or any other contesting candidate to have been elected, if it is claimed by the petitioner or any of the respondents, and the

Tribunal is satisfied that—

(a) the petitioner or other contesting candidate obtained more votes than the returned candidate; or

(b) the voters deliberately threw away their votes in favour of the returned candidate fully knowing that the returned candidate was not, on the nomination day, qualified for, or was disqualified from, being elected as a Member.

Explanation.—The Election Tribunal shall presume, unless the contrary is proved, that the voters have not deliberately thrown away their votes and were not aware of lack of qualification or disqualification of the returned candidate.

158. Ground for declaring election as a whole void.—

(1) The Election 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 to comply with the provisions of this Act or the Rules in connivance with the returned candidate; or

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

(2) If the Election Tribunal finds that the failure to comply with this Act or the rules mentioned in clause (a) of sub-section (1) is due to negligence of one or more Presiding Officers or the Returning Officers and not in connivance with the returned candidate, it shall direct the Commission to initiate criminal proceedings against the negligent Presiding Officers or Returning Officers under section 184 read with section 188, as well as disciplinary proceedings against them under section 55 and pending final decision in these proceedings, remuneration due to them in connection with the election shall be withheld.

159. Decision in case of equality of votes.—

(1) In case of election to an Assembly, where, after the conclusion of the trial there is an equality of votes between two contesting candidates, the Election Tribunal shall declare both the candidates as returned candidates and each one of them shall be entitled to represent his constituency in the Assembly for half of its term of office.

(2) The Election Tribunal shall draw a lot in respect of returned candidates referred to in sub-section (1) to determine as to who shall serve as Member of the Assembly for the first half of its term of office and shall take into account the period any returned candidate has already served as Member of the Assembly after the election.

(3) Before proceeding to draw a lot under sub-section (2), the Election Tribunal shall give notice to the contesting candidates between whom there is equality of votes and shall proceed to draw a lot on the date, 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 Election Tribunal may proceed forthwith to draw a lot without giving notice.

(4) The Election Tribunal shall keep a record of the proceedings of draw of lot under this section and obtain signatures of such candidates and their agents who witnessed the proceedings, and if any such person refuses to sign, such fact shall be recorded.

(5) On receipt of the declaration under sub-section (1), the Commission shall notify the name of the candidate in the official Gazette on whom the lot drawn under sub-section (2) had fallen.

(6) Where there is equality of votes among more than two contesting candidates at the conclusion of the trial, the Election Tribunal shall order fresh election in the constituency on a date to be determined by the Commission but not later than sixty days from the date of order of the Tribunal.

160. Other provisions relating to the Election Tribunal.—

(1) An order of the Election Tribunal under section 154 shall take effect on the date on which it is made and shall be communicated to the Commission and the Commission shall publish it in the official Gazette.

(2) The Election Tribunal shall, after an election petition has been disposed of, forward the record of the election petition to the Commission which shall retain it for a period of five years from the date of its receipt or till the disposal of appeal against the decision of the Tribunal, if any, and shall thereafter cause it to be destroyed.

161. Withdrawal of petition.—

(1) The petitioner may, with the leave of the Election Tribunal, withdraw the election petition.

(2) Where leave to withdraw is granted under sub-section (1), the Election Tribunal shall order the petitioner to pay the costs or a portion of the costs incurred by the respondents.

162. 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 an election petition abates under sub-section (1), the Election Tribunal shall serve notice of the abatement on the Commission.

163. 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 Election 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.

164. Failure of petitioner to appear.— Where, at any stage of the trial of an election petition, the petitioner fails to make appearance, the Election Tribunal may dismiss the petition for default, and make such order as to costs as it may think fit.

165. 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 and utility expenses, or has submitted a false or incorrect declaration regarding payment of loans, taxes, government dues and utility expenses or has submitted a false or incorrect statement of assets and liabilities of his own, his spouse or his dependents 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 if any of the conditions specified in section 157 are proved to the satisfaction of the Election Tribunal.

(2) No order shall be made under sub-section (1) unless the returned candidate has been provided an opportunity of being heard.

166. Order as to costs.—

(1) The Election Tribunal may, while making an order under section 154, also make an order determining 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 Election Tribunal within ninety days 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 ninety days or where a residue remains after costs have been paid out of the security, the Election Tribunal shall, on application of the person who made the deposit of security or by his legal representative, return the security or the residue of the security to the person making the application.

(4) If no application for refund of security or residue of the security is made after the expiry of ninety days of the final decision, such security or, as the case may be, residue of the security shall stand forfeited in favour of the Government.

(5) If the order for payment of costs remains unsatisfied, the person to whom costs have been awarded by the Election Tribunal may file an application in the principal civil court of original jurisdiction of the district in which the person from whom the costs are to be recovered resides or owns property, or of the district in which the constituency, or any part of the constituency, or of a Province in case of election to the Senate, as the case may be, to which the disputed election relates is situated for recovery of the costs and the court shall execute an order for costs as if such order were a decree passed by that court.

167. Corrupt practice.—

A person is guilty of the offence of corrupt practice if he—

(a) is guilty of bribery, personation, exercising undue influence, capturing of polling station or polling booth, tampering with papers, and making or publishing a false statement or declaration;

(b) 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, sector tribe [or is of a particular gender or is a transgender person];

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

(d) contravenes the provisions of section 132.

168. 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 or retiring from an election;

(2) gives, offers or promises any gratification to any person—

(a) for the purpose of inducing—

(i) a person to be, or to refrain from being, a candidate at an election;

(ii) a voter to vote, or refrain from voting, at an election; or

(iii) a candidate to withdraw or retire from an election; or

(b) for the purpose of rewarding—

(i) a person for having been, or for having refrained from being, a candidate at an election;

(ii) a voter for having voted or refrained from voting at an election; or

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

Explanation.— In this section, ‘gratification’ includes a gratification in money or estimable in money and all forms of entertainment or employment.

169. 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.

170. Undue influence.—

A person is guilty of exercising undue influence if he—

(a) 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 or retire from the contest, 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;

(iii) calls down or threatens to call down divine displeasure or the displeasure or disapprobation of any saint or pir;

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

(v) uses or threatens to use any official influence or governmental patronage;

(vi) maligns the Armed Forces of Pakistan; or

(vii) prevents any woman or a transgender person from contesting an election or exercising the right to vote;

(b) on account of any person having voted or refrained from voting, or having offered himself as a candidate, or having withdrawn his candidature or having retired, does any of the acts specified in clause (a).

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

(ii) for any of the purposes specified in sub-clause (i) 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 of Pakistan; or

(d) 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 vote or refrain from voting.

Explanation.— In this section, “harm” includes social ostracism or excommunication or expulsion from any caste or community.

171. Capturing a polling station or polling booth.—

A person is guilty of capturing a polling station or polling booth if he—

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

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

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

(d) being in the service of any Government or corporation or institution controlled by the Government, commits all or any of the aforesaid activities or aids or connives in, any such activity in furtherance of the prospects of the election of a candidate.

172. Tampering with papers.—

(1) Except as provided in sub-section(2), a person is guilty of tampering with papers, if he—

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

(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 authorized by law to put in; or

(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; or

(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) An election official on duty in connection with the election who is guilty of the offence under sub-section (1) shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one hundred thousand rupees or with both in addition to such penalty as may be imposed as a result of disciplinary action initiated by the Commission under section 55.

173. Making or publishing a false statement or declaration.—

A person is guilty of making or publishing a false statement or declaration if he makes or publishes a false statement or submits false or incorrect declaration in any material particular—

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

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

(d) in respect of statement of assets and liabilities or any liability with regard to payment of loans, taxes, government dues and utility expenses.

174. Penalty for corrupt practice.—

Any person guilty of the offence of corrupt practice shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to one hundred thousand rupees or with both.

175. Illegal practice.—

A person is guilty of the offence of illegal practice if he—

(a) is guilty of disorderly conduct near a polling station, canvassing in or near a polling station, interferes with the secrecy of voting, or adversely affects the interests of a candidate;

(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;

(g) violates restrictions on publicity laid down in section 180 or restrictions on announcement of development schemes under section 181;

(h) violates prohibition on public meetings during a certain period as provided in section 182;

(i) fails to comply with section 134 relating to election expenses;

(j) carries or displays any kind of weapon or fire arm in a public meeting or procession during campaign period, on the poll day and till twenty four hours after the announcement of the official results by the Returning Officer;

(k) resorts to aerial firing or uses firecrackers and other explosives at public meetings or in or near a polling station; or

(l) resorts to violence in any form or manner against an election official or any other person officially deputed to work at a polling station.

Explanation.— The word ―weapon‖ used in clause (j) includes a danda, lathi, knife, axe or any other thing which can be used as a weapon to inflict injury to a person.

176. Disorderly conduct near polling station.—

A person is guilty of disorderly conduct near a polling station if he, on the polling day—

(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;

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

(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 an election official or any person on duty at a polling station; or

(d) abets the doing of any of these acts.

177. Canvassing in or near the polling station.—

A person is guilty of canvassing in or near a polling station if he, on the polling day—

(a) within a radius of four hundred meters of a polling station—

(i) canvasses for votes;

(ii) solicits the vote of any voter;

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

(b) 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 meters of the polling station, any notice, sign or flag designed to encourage the voters to vote or discourage the voters from voting, for any contesting candidate.

178. Interference with the secrecy of voting.—

A person is guilty of interference with the secrecy of voting if he—

(a) interferes or attempts to interfere with a voter when he records his vote;

(b) in any manner obtains or attempts to obtain in a polling station information as to the candidate or candidates for whom a voter is about to vote or mark his preferences in case of election to the Senate or has voted or, as the case may be, marked his preferences;

(c) communicates at any time any information obtained in a polling station as to the candidate or candidates for whom a voter is about to vote or mark his preferences or has voted or marked his preferences;

(d) takes or attempts to take a photograph of the marked ballot paper by using cell phone camera or any other device to interfere with the secrecy of vote; or

(e) in any other manner discloses the secrecy of the vote.

179. Adversely affecting the interests of candidate.—

A person is guilty of adversely affecting the interests of any person as a candidate if he, as a proposer or seconder, or in a fictitious name as a proposer or seconder, 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 Form which is not correct, or subscribes to a Form a signature which is not genuine.

180. Regulation of publicity.—

(1) No political party shall run a publicity campaign in print and electronic media at the cost of public exchequer.

(2) The Commission shall determine the size of posters, handbills and pamphlets, which the candidates or political parties may use for canvassing for an election.

(3) No person or a political party shall—

(a) affix or distribute posters, handbills, pamphlets, banners or portraits larger than the sizes prescribed by the Commission;

(b) print or publish, or cause to be printed or published, any poster, handbill or pamphlet which does not bear on its face the names and addresses of the printer and the publisher;

(d) hoist party flag at any public building or any other public property;

(e) do wall chalking for the purpose of canvassing for an election; and (f) use loudspeaker for canvassing except at election meetings.

(4) No person shall remove or deface the posters affixed by a candidate or political party or prevent workers of a candidate or political party from distribution of handbills and leaflets.

(5) The regulatory authority dealing with print or electronic media shall comply with the direction of the Commission to submit a report in respect of the publicity campaign by a political party or a candidate.

181. Prohibition of announcement of development schemes.—

No Government functionary or elected representative including a local government functionary or elected representative, shall announce any development scheme for a constituency after the announcement of the Election Programme of that constituency.

182. Prohibition of public meetings during certain period.—

No person shall convene, hold or attend any public meeting, or promote or join in any procession, within the area of a constituency or, in the case of the Senate election, a Province, during a period of forty-eight hours ending at midnight following the conclusion of the poll for any election in that constituency or Province.

183. Penalty for illegal practice.—

A person guilty of the offence of illegal practice shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one hundred thousand rupees or with both.

184. Violation of official duty in connection with election.—

A person appointed to perform any function in connection with an election is guilty of violation of official duty, if he wilfully or negligently—

(a) [Omitted]

(b) influences a voter as mentioned in section 186; or

185. Failure to maintain secrecy.—

An election official or any candidate, election agent or polling agent or a voter 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 secrecy or aids in violating the secrecy of voting;

(b) communicates, except for any purpose authorized 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 or candidates for whom any vote is given or a preference is recorded, as the case may be, by any particular ballot paper.

186. Officials not to influence voters.—

An election official or any other person performing a duty in connection with an election, or any member of a law enforcement agency, is guilty of breach of official duty, 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;

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

187. Assistance by Government servant.—

A person in the service of Pakistan is guilty of violation of official duty in connection with an election, if he mis-uses his official position in a manner calculated to influence the results of the election.

188. Penalty for violation of official duty in connection with election.—

An election official or any other person on duty in connection with an election who is guilty of an offence under section 184, section 186 or section 187 shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one hundred thousand rupees or with both.

189. Enrollment as voter for more than once.—

If a person is enrolled on the electoral roll for any electoral area more than once or on the electoral rolls for more than one electoral area, the person or any Registration Officer, who knowingly enrolls a voter for more than once, shall be punishable with imprisonment for a term which may extend to six months or with fine not exceeding one hundred thousand rupees or with both.

190. Cognizance and trial.—

(1) Notwithstanding anything contained in any other law but subject to section 193, an offence under this Chapter shall be tried by the Sessions Judge and any aggrieved person may, within thirty days of the passing of the final order, file an appeal against the order in the High Court which shall be heard by a Division Bench of the High Court.

(2) The proceedings against a person for being involved in corrupt or illegal practice may be initiated on a complaint made by a person or by the Commission but if a complaint made by the person proves to be false, based on bad faith 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 six months or with fine which may extend to fifty thousand rupees or with both.

(3) The Commission may direct that the summary trial of an offence under this Act may be conducted in accordance with the provisions of Chapter XX of the Code.

Explanation.— In this section, “Sessions Judge” includes an Additional Sessions Judge.

190A. Certain offences cognizable.—

Notwithstanding anything contained in the Code, offences punishable under sections 174, 176, 177 and 179 shall be cognizable.

191. Prosecution of offences by public officers.—

(1) No court shall take cognizance of the offence punishable under section 188, 189 or 195, except upon a complaint in writing, made by order of or under the authority of the Commission.

(2) The Commission shall, if it has reason to believe that any offence specified in sub-section (1) has been committed, cause an enquiry to be made or prosecution to be instituted against the accused person, as it may think fit.

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

(4) In respect of an offence specified in sub-section (1), provisions of section 494 of the Code, shall have effect as if, after the word and comma “may,” therein, the words “if so directed by the Commission and” were inserted.

192. Certain offences triable by Registration Officer.—

Notwithstanding anything contained in the Code, the Registration Officer, if authorized by the Commission, may—

(a) exercise the powers of a Magistrate of the first class under the said Code in respect of the offences punishable under sections 172, 173, 174, 175, 177, 178, 179, 180, 182, 186, 187, 188, 189, 191, 196, 197, 198, 199, 200,464 or 471 of the Pakistan Penal Code, 1860 (Act XLV of 1860); and

(b) take cognizance of any such offence and shall try it summarily under Chapter XX of the Code.

193. Certain offences triable by authorized officers.—

Notwithstanding anything contained in the Code, an officer 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 authorized by the Commission in this behalf may—

(a) exercise the powers of a Magistrate of the first class under the Code in respect of the offences of personation, or capturing of polling station or polling booth punishable under section 174; and

(b) take cognizance of any such offence under section 190 of the Code; and shall try it summarily under Chapter XX of the Code.

194. Powers of a Police Officer.—

A Police Officer may—

(a) arrest without warrant, notwithstanding anything contained in the Code, any person who—

(i) commits personation or an offence under section 183 if the Presiding Officer directs him to arrest such person; or

(ii) while being removed from the polling station by the Presiding Officer, commits any offence at the polling station;

(b) remove any notice, sign, banner or flag used in contravention of section 177; and

(c) seize any instrument or apparatus used in contravention of section 176 and take such steps, including use of force, as may be reasonably necessary for preventing such contravention.

195. Information not to be divulged.—

Any person who—

(a) being an employee of the Commission publishes or communicates to any person, any information or data acquired by him in the course of such employment without being authorized by the Commission;

(b) breaches, in any manner, the security or integrity of the information or data contained in the electoral rolls database;

(c) having possession of any information or data which to his knowledge has been obtained or disclosed in contravention of this Act or in breach of the security, secrecy or integrity thereof, publishes or communicates that information or data to any other person; or

(d) misuses or abuses, in any manner, the information or data contained in the electoral rolls database;

shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one hundred thousand rupees or with both.

196. Offences punishable under Pakistan Penal Code.—

(1) If any person—

(a) attacks the polling station or polling booth;

(b) causes or attempts to cause any injury to a person or loss of public property at the polling station;

(d) disturbs the polling proceedings or causes to harass the voters to leave the polling station without voting;

(e) snatches or attempts to snatch the ballot boxes or ballot papers;

(f) kidnaps or attempts to kidnap the Presiding Officer or polling staff; or

(g) does any other act at the polling station;

punishable under the Pakistan Penal Code, 1860 (Act XLV of 1860), the Presiding Officer shall report in writing the occurrence to the Returning Officer who shall refer the matter to the Head of District Police for registration of a case against the alleged offender.

(2) The Head of District Police shall send a copy of the First Information Report to the Court of competent jurisdiction and shall submit to the Provincial Election Commissioner periodical report about the progress in investigation of the case.

197. Court to report convictions to the Commission.—

(1) 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.

(2) The Commission shall publish the report received under sub-section (1) on its website.

198. Punishment 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.

199. Provisions of the Code to apply.—

In the matters relating to reporting, investigation, summons, warrants, enquiry, trial of an offence or other ancillary matters where any provision or any sufficient provision does not exist in this Act or the Rules, the provisions of the Code shall apply in the matter.

219. Commission to conduct elections.—

(1) The Commission shall conduct elections to the local governments under the applicable local government law, and the Rules framed thereunder, as may be applicable to a Province, cantonments or Islamabad Capital Territory.

(2) Notwithstanding anything contained in sub-section (1), the voting procedure for direct elections to the local governments in a Province, cantonments or Islamabad Capital Territory shall be the same as provided for election to the Assemblies under this Act.

(3) Subject to sub-section (4), the Commission shall, in consultation with the Federal or Provincial Government, make an announcement of the date or dates on which the elections to a local government shall be conducted in a Province, cantonment, Islamabad Capital Territory or a part thereof.

(4) The Commission shall hold elections to the local governments within one hundred and twenty days of the expiry of the term of the local governments of a Province, cantonment or Islamabad Capital Territory.

(5) The Commission shall organize and conduct elections under this Chapter and shall make such arrangements as are necessary to ensure that the elections are conducted honestly, justly, fairly and in accordance with law and that the corrupt practices are guarded against.

(6) The Commission may, by order in the official Gazette, make provisions for the conduct of local government elections if no provision or insufficient provision has been made under this Act or the Rules.

220. Electoral rolls.—

(1) The electoral rolls prepared, updated and maintained under this Act shall be used for conduct of an election to a local government.

(2) The Commission shall provide the Returning Officer for a local government with copies of electoral rolls for all the electoral areas within the constituency of such local government.

(3) The Returning Officer shall provide the electoral rolls, containing the names of the voters entitled to vote at a polling station, to the Presiding Officer of each such polling station.

221. Delimitation of local government constituencies.—

(1) For the purpose of holding elections to the local governments, the Commission shall delimit constituencies of the local governments, including union councils, wards in a union council, a ward in a district council or ward in a municipal committee, as far as possible and subject to necessary modifications, in accordance with Chapter III of this Act and the Rules.

Explanation.—A union council includes a union committee, a village council or, as the case may be, a neighborhood council.

(2) For the purpose of delimitation of a union council—

(a) the area of a union council shall be a territorial unity;

(b) the boundaries of a union council shall not cross the limits of the local council of which the union council, being delimited, forms part; and

(3) The Commission shall delimit a local government, if required, into as many wards as may be notified for the election of members on general seats by the concerned government.

(4) For the purpose of delimitation of a ward of a union council—

(a) a ward shall consist of a village, one or more adjoining villages or, in case of an urban area, a census block or adjoining census blocks;

(b) the boundaries of a ward shall not cross the limits of the union council; and

(5) The Commission shall delimit a municipal committee into such number of wards as notified by the concerned government for election of Members of the municipal committee on general seats.

(6) For the purpose of delimitation of a municipal committee—

(a) a ward shall consist of a census block or adjoining census blocks;

(b) the boundaries of a ward shall not cross the limits of the municipal committee; and

(7) The Commission shall delimit a tehsil council, where required, into as many wards as may be notified by the concerned government for the election on general seats to the tehsil council and district council.

(8) For the purpose of delimitation of a ward in a tehsil council—

(a) the area of a ward shall be a territorial unity;

(b) the boundaries of a ward shall not cross the limits of the tehsil council of which the ward, being delimited, forms part; and

(9) The Commission shall delimit a local government, if required, into as many constituencies as may be provided under the applicable local government law for the election of Members on general seats of the local government.

222. Appointment of Delimitation Committee.—

(1) The Commission shall appoint a Delimitation Committee for each district for delimitation of constituencies of the local governments in the district, including union councils, wards within a union council, or wards in municipal committees.

(2) Revenue or other executive officers posted in the district shall provide necessary assistance to the Delimitation Committee in carrying out delimitation of constituencies of the local governments in the district.

223. Appointment of Delimitation Authority.—

(1) The Commission shall appoint from amongst its own officers or from the officers of the subordinate judiciary a Delimitation Authority for each district to hear and decide the objections against the delimitation carried out by the Delimitation Committee.

(2) An officer of the subordinate judiciary shall be appointed as Delimitation Authority in consultation with the Chief Justice of the High Court concerned.

(3) A voter may, within fifteen days of the delimitation of constituencies by the Delimitation Committee, file objections against the delimitation before the Delimitation Authority which shall decide the objections within thirty days from the date of delimitation of constituencies by the Delimitation Committee.

224. Election officials and polling stations.—

The provisions of Chapter V of this Act relating to appointment of election officials and for the preparation of list of polling stations for an election to Assemblies shall, as nearly as possible subject to necessary modifications, apply to the appointment of election officials and for the preparation of the list of the polling stations for an election to a local government.

225. Appeal against scrutiny order.—

(1) A candidate or the objector may, within the time specified by the Commission, file an appeal against the decision of the Returning Officer rejecting or accepting a nomination paper to an Appellate Tribunal constituted for the constituency consisting of a person who is a District and Sessions Judge or an Additional District and Sessions Judge appointed by the Commission in consultation with the Chief Justice of the High Court.

(2) An Appellate Tribunal shall summarily decide an appeal filed under sub-section (1) within such time as may be notified by the Commission and any order passed on the appeal shall be final.

(3) If the Appellate Tribunal is not able to decide the appeal within the time fixed by the Commission under sub-section (2), the appeal shall abate and decision of the Returning Officer shall be final.

226. Election against reserved seats.—

(1) Subject to the Rules, the Commission shall organize and conduct the election to the seats reserved for women, peasants or workers, technocrats, youth and non-Muslims in a local government under the applicable local government law.

(2) A contesting candidate or candidates obtaining the highest number of votes in a category shall be declared as elected against the seat or seats specified for that category.

(3) The Commission shall provide to the Returning Officer a list of elected Members eligible to vote and constituting an electoral college for the election of the indirectly elected Members of a local government under the applicable local government law.

227. Notification of election and a vacancy.—

(1) The Commission shall notify every election or a vacancy occurred due to death, resignation, disqualification, and removal of a Member of a local government and publish the same in the official Gazette.

(2) Any Government, under whom a vacancy of a Member of a local government occurs due to any cause, shall immediately inform the Commission about occurrence of the vacancy.

Explanation.— For purposes of this section, the elected Member also includes Chairman, Vice-Chairman, Mayor, Deputy Mayor or, as the case may be, Nazim or Naib Nazim of a local government.

228. Bye-elections.—

When the seat of a Member of a local government becomes vacant and bye-election is required to fill the seat under the applicable local government law, the Commission shall, by notification in the official Gazette, call upon the constituency or electoral college to elect a person to fill the seat on such date as may be specified in the notification and the provisions of this Act, the Rules and applicable local government law shall apply to the election to fill such seat.

229. Application of provisions to local government election.—

(1) Subject to this Chapter and the Rules relating to conduct of local government elections, election disputes, election offences and allocation of symbols, the provisions of Chapter V, Chapter IX, Chapter X and Chapter XII of this Act, as nearly as possible, shall apply to the conduct of local government election.

(2) The qualifications and disqualification of a candidate in a local government election or a Member of a local government shall be decided under the applicable local government law.

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Volume-I Act with Commentary

Volume-II Important Relevant Laws

Volume-III Rules

volume-IV Notifications

Volume-V Instructions or Advices

PART – II [Relevant Provisions of Elections Act, 2017, Relating to Local Government Elections]

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