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  "title": "Representation Of People Act, 1976(Repealed by No.F.8(9)/2017 dated.23-10-17)",
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  "version": "Separate35-page historical amended compilation; footnotes reference amendments through at least31July2002. Exact consolidation cut-off unspecified; not asserted current. Do not conflate with original1977 Gazette OCR. Existing catalogue repeal label preserved.",
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  "text_quality": "Separate35-page historical amended compilation; footnotes reference amendments through at least31July2002. Exact consolidation cut-off unspecified; not asserted current. Do not conflate with original1977 Gazette OCR. Existing catalogue repeal label preserved. Text extracted from separately versioned PDF; not editorially proofread",
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  "text": " \nTHE REPRESENTATION OF THE PEOPLE ACT, 1976 \n(ACT NO.LXXXV OF 1976) January 4,1977 \nAn Act to provide for the conduct of elections to the National Assembly and the Provincial Assemblies.  \nWHEREAS It is expedient to provide for the conduct of elections to the National Assembly and the \nProvincial Assemblies and to guard against corrupt and illegal practices and other offences at or in \nconnection with such elections and for the determination of doubts and disputes arising out of or in \nconnection with such elections, and other matters arising out of or connected therewith :-  \nIt is hereby enacted as follows.  \n \nCHAPTER I PRELIMINARY \n1. Short title, extent, application and commencement.-(1)This Act may be called the Representation of \nthe People Act,1976.  \n(2) It extends to the whole of Pakistan.  \n(3) It shall apply to the general elections to the National Assembly and the Provincial Assemblies to be \nheld under the Constitution and to the bye-elections to be held to the seats in those Assemblies falling \nvacant after the general elections.  \n(4) It shall come into force at once.  \n2. Definitions.- In this Act unless there is anything repugnant in the subject or context,-  \n(i) \"Article\" means Article of the Constitution;  \n(ii) \"Assembly \" means the National Assembly or a Provincial Assembly for a province ;  \n(iii) \"ballot paper account\" means ballot paper account prepared under sub-section (10)of section 38;  \n(iv) \"candidate\" means a person proposed as a candidate for, or seeking election as a member;  \n(v) \"Commission\" means the Election Commission constituted under Article 218;  \n(vi) \"Commissioner\" means the Chief Election Commissioner appointed under the Constitution and \nincludes  \n(i) the person continuing in the office of Chief Election Commissioner by virtue of Article 275; and (ii) a \nJudge of the Supreme Court nominated under Article 217 to act as Chief Election Commissioner;  \n(vii) \"constituency\" means a constituency delimited under the Delimitation of Constituencies Act,1974 \n(XXXIV of 1974);  \n(viii) \"contesting candidate\" means a validly nominated candidate who has not withdrawn his candidature;  \n(ix) \"election\" means election to a seat of a member held under this Act;  \n(x) \"election agent\" means an election agent appointed by a candidate under section 22 and, where no \nsuch appointment is made, the candidate acting as his own election agent;  \n(xi) \"election petition\" means an election petition made under section 52:  \n(xii) \"elector\", in relation to a constituency, means a person who is enrolled on the electoral roll for any \nelectoral area in that constituency;  \n(xiii) \"electoral roll\" means an electoral roll prepared, revised or corrected under the Electoral Rolls \nAct,1974 (XXI of 1974);  \n(xiv) \"member\" means member of an Assembly;  \n(xv) \"nomination day\" means the day appointed under section 11 for the nomination of candidates;  \n(xvi) \"polling agent\" means a polling agent appointed under section 23;  \n\n(xvii) \"polling day\" means the day on which poll is taken for an election;  \n(xviii) \"polling officer\" means a polling officer appointed under section 9 for a polling station;  \n(xix) \"prescribed\" means prescribed by rules made under this Act;  \n(xx) \"Presiding Officer\" means a Presiding Officer appointed under section 9 for a polling station and \nincludes an Assistant Presiding Officer; exercising the powers and performing the functions of Presiding \nOfficer;  \n(xxi) \"returned candidate\" means a candidate who has been declared elected as a member under this \nAct;  \n(xxii) \"Returning Officer\" means a Returning Officer appointed under section 7 and includes an Assistant \nReturning Officer exercising the powers and performing the functions of Returning Officer;  \n(xxiii) \"scrutiny day\" means the day appointed under section 11 for the scrutiny of nomination papers ;  \n(xxiv) \"spoilt ballot paper\" means a ballot paper which has been spoiled and is returned to the Presiding \nOfficer under section 36; (xxv) \"Tribunal\" means an Election Tribunal appointed under section 57 for the \ntrial of election petitions;  \n(xxvi) \"validly nominated candidate\" means a candidate whose nomination has been accepted; and  \n(xxvii) \"withdrawal day\" means a day appointed under section I I on or before which candidature may be \nwithdrawn.  \nCHAPTER II ELECTION COMMISSION \n3. Procedure of the Commission.--(1)Subject to the provisions of this section, the Commission shall \nregulate its procedure.  \n(2) If, upon any matter requiring a decision of the Commission, there is difference of opinion among its \nmembers, the opinion of the majority shall prevail and the decision of the Commission shall be expressed \nin terms of the opinion of the majority.  \n(3) The Commission may exercise its powers and perform its functions notwithstanding that there is a \nvacancy in the office of any one of its members or that any one of its members is, for any reason, unable \nto attend its proceedings and the decision of the other two members shall have the effect of the decision \nof the Commission:  \nProvided that, in the event of a difference of opinion between the two members attending the proceedings \nof the Commission, the matter shall be placed for decision before the Commission.  \n4. Delegation of powers, etc.--The Commission may authorise its Chairman or any of its members or \nany of the officers of the Commission to exercise and perform all or any of its powers and functions under \nthis Act.  \n5. Assistance to the Commission.--(1)All executive authorities in the Federation and in the Provinces \nshall render such assistance to the Commissioner and the Commission in the discharge of his or their \nfunctions as may be required of them by the Commissioner or the Commission.  \n(2) The Commissioner or the Commission may require any person or authority to perform such functions \nor render such assistance for the purposes of this Act as he or it may direct.  \n6. Power to requisition property.--(1)The Provincial Government or an officer authorised by it in this \nbehalf may, upon a request made in this behalf by the Commission, by order in writing, requisition any \nsuch vehicle, vessel or animal as is needed or is likely to be needed for the purpose of transporting to and \nfrom any polling station ballot boxes or other election material or any officer or other person engaged for \nthe performance of any duties in connection with the election  \nProvided that no vehicle, vessel or animal which is being used by a candidate or his election agent for \nany purpose connected with the election of such candidate shall be so requisitioned.  \n(2) Any person authorised in this behalf by the Provincial Government may take possession of any \nvehicle, vessel or animal requisitioned under sub-section (1) and may for that purpose use such force, \nincluding police force, as may be reasonably necessary.  \n\n(3) Where any vehicle, vessel or animal is requisitioned under sub-section (1), there shall be paid to the \nowner thereof compensation the amount of which shall be determined by the Provincial Government or \nthe officer requisitioning the vehicle, vessel or animal on the basis of the fares and rates prevailing in the \nlocality for its hire:  \nProvided that, where the owner of the vehicle, vessel or animal, being aggrieved by the amount of \ncompensation so determined makes an application to the Provincial Government within a period of thirty \ndays from the date the amount has been determined for the matter being referred to an arbitrator, the \namount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the \nProvincial Government may determine.  \nCHAPTER III APPOINTMENT OF RETURNING OFFICER,ETC. \n7. Appointment of District Returning Officer and Returning Officer, etc.--(1) The Commission shall \nappoint, from amongst the officers of the Federal Government, Provincial Governments, corporations \ncontrolled by any such Government and local authorities, a District Returning Officer for each District and \na Returning Officer for each constituency  \nProvided that a person may be appointed as Returning Officer for two or more constituencies.  \n(2) The Commission may appoint, from amongst the Officers of the Federal Government, Provincial \nGovernments, corporations controlled by such Government and local authorities as many Assistant \nReturning Officers as may be necessary.  \n(3) An Assistant Returning Officer shall assist the Returning Officer in the performance of his functions \nunder this Act and may, subject to any condition imposed by the Commission, exercise and perform, \nunder the control of the Returning Officer, the powers and functions of the Returning Officer.  \n(4) It shall be the duty of a Returning Officer to do all such acts and things as may be necessary for \neffectively conducting an election in accordance with the provisions of this Act and the rules.  \n(5) Subject to the superintendence, direction and control of the Commission, the District Returning Officer \nshall coordinate and supervise all work in the district in connection with the conduct of elections and shall \nalso perform such other duties and functions as may be entrusted to him by the Commission.  \n(6) The Commission or the Commissioner may, at any time, for reasons to be recorded in writing, \nsuspend any officer performing any duty in connection with an election, or any other public functionary, or \nany member of the police force or any other law-enforcing agency who obstructs or prevents or attempts \nto obstruct or prevent the conduct of fair and impartial poll or interferes or attempts to interfere with an \nelector when he records his vote, or influences in any manner the polling staff or an elector or does any \nother act calculated to influence the result of election, and make such arrangements as it or he may \nconsider necessary for the performance of the functions of the officer so suspended.  \n(7) Where the Commission or the Commissioner suspends any officer under sub-section (6),the \nCommission or the Commissioner shall refer the matter to the appropriate authority for taking disciplinary \naction against such officer.  \n8. Polling stations.--(1)The Returning Officer shall, before such time as the Commission may fix, submit \nto the District Returning Officer a list of polling stations he proposes to provide in a constituency for the \npurpose of election of a member, for that constituency.  \n(2) Subject to the direction of the Commission, the District Returning Officer may make such alterations in \nthe list of polling stations submitted under subsection (1)as he deems necessary and shall, at least fifteen \ndays before the polling day, publish in the official Gazette the final list of polling stations specifying the \nelectoral area the electors whereof will be entitled to vote at each polling station.  \n(3) The Returning Officer shall establish in each constituency polling stations according to the final list \npublished under sub-section(2).  \n1[(4)A polling station shall be situated in a Government building for the constituency and, where \nno Government building is available for the purpose, an improvised polling station shall be set up \non a public property.  \n\nProvided that no polling station shall be located in any premises which belong to, or are under the direct \nor indirect control of, any candidate.]  \n9. Presiding Officers and Polling Officer.--(1)A Returning Officer shall appoint for each polling station a \nPresiding Officer and such number of Assistant Presiding Officers and polling officers 2[from amongst \nthe officers of the Federal Government, Provincial Governments, local governments and \ncorporations established or controlled by such Governments] to assist the Presiding Officer as the \nReturning Officer may consider necessary :  \nProvided that a person who is, or has at any time been, in the employment of any candidate shall not be \nappointed as a Presiding Officer, Assistant Presiding Officer or polling officer.  \n(2) A list of such Presiding Officers and polling officers shall be submitted to the District Returning Officer \nat least fifteen days before the polling day for its approval and no change in the personnel shall be made \nexcept with the approval of the Commission.  \n(3) A Presiding Officer shall conduct the poll in accordance with the provisions of this Act and the rules, \nshall be responsible for maintaining order at the polling station and shall report to the Returning Officer \nany fact or incident which may, in his opinion, affect the fairness of the poll  \nProvided that, during the course of the poll, the Presiding Officer may entrust such of his functions as may \nbe specified by him to any Assistant Presiding officer and it shall be the duty of such Assistant Presiding \nOfficer to perform the functions so entrusted.  \n(4) The Returning Officer shall authorise one of the Assistant Presiding Officers to act in place of the \nPresiding Officer if the Presiding Officer is, at any time during the poll, by reason, of illness or other \ncause, not present at the polling station, or is unable to perform his functions; and any absence of the \nPresiding Officer, and the reason therefor, shall, as soon as possible after the close of the poll, be \nreported to the Returning Officer.  \n(5) The Returning Officer may, at any time during the poll, for reasons to be recorded in writing, suspend \nany Presiding Officer, Assistant Presiding Officer or polling officer and make such arrangements as he \nmay consider necessary for the performance of the functions of the officer so suspended.  \n10. Supply of electoral rolls.--(1) The Commission shall provide the Returning Officer for each \nconstituency with copies of electoral rolls for all the electoral areas within the constituency.  \n(2) The Returning Officer shall provide the Presiding Officer of each polling station with copies of electoral \nrolls containing the names of the electors entitled to vote at that polling station.  \n \n \nCHAPTER IV CONDUCT OF ELECTIONS \n11. Notification for election.--(1) As soon as 3[may be necessary and practicable] the President \nmakes an announcement of the date or dates on which the polls shall be taken, the Election Commission \n4[,not later than thirty days of such announcement] shall, by notification in the official Gazette, call \nupon a constituency to elect a representative or representatives, and appoint-  \n(a) the last date for making nominations, which shall be the sixth day after the date of publication of the \nnotification or, if that day is a public holiday, the next succeeding day which is not public holiday;  \n(b) the dates for the scrutiny of nominations, which shall be the seven days immediately following the last \ndate for making nominations or, if that day is a public holiday, the next succeeding day which is not a \npublic holiday.  \n(c) 5[****] Omitted.  \n(d) the last date for filing of appeals against acceptance or rejection of nominations, which shall be the \nfourth day following the last date for the scrutiny of nominations or, if that day is a public holiday, the next \nsucceeding day which is not a public holiday ;  \n(e) the last date for decision of appeals, which shall be the 6[seventh] day following the last date for filing \nof appeals or, if that day is a public holiday, the next succeeding day which is not a public holiday;  \n\n(ee) the last date for the withdrawal of candidature, which shall be the day following the last date for \ndecision of appeals or, if that day is a public holiday, the next succeeding day which is not a public \nholiday;  \n(f) the last date for publication of the revised list of candidates, which shall be the second day following \nthe last date for decision of appeals; and  \n(g) the date or dates on which a poll shall, if necessary be taken, which or the first of which shall be a \ndate not earlier than the twenty-second day after the publication of the revised list of candidates.  \n(3) A Returning Officer shall, as soon as may be after the publication of a notification under sub-section \n(1),give public notice of the dates specified by the Commission in respect of the constituency or \nconstituencies of which he is the Returning Officer; and the public notice shall be published at some \nprominent place or places within the constituency to which it relates.  \n(4) A Returning Officer shall, by the public notice given under sub-section (3)invite nominations specifying \nthe time by which and the place at which nomination papers shall be received by him.  \n \n11A. Alteration in election programme.--Notwithstanding anything contained in section 11,the \nCommission may at any time after the issue of a notification under sub-section (1)of that section, make \nsuch alterations in the programme announced in that notification for the different stages of the election as \nmay, in its opinion, be necessary.  \n12. Nomination for election.--(1) Any elector of a constituency may propose or second the name of any \nduly qualified person to be a member for that constituency.  \n7[(2) Every nomination shall be made by a separate nomination paper in the prescribed form \nwhich shall be signed both by the proposer and the seconder and shall, on solemn affirmation \nmade and signed by the candidate, accompany  \n(a) a declaration that he has consented to the nomination and that he fulfils the qualifications \nspecified in Article 62 and is not subject to any of the disqualifications specified in Article 63 or \nany other law for the time being in force for being elected as a member;  \n(b) 8[****] Omitted.  \n(c) a declaration that no loan for an amount of two million rupees or more, obtained from any \nbank, financial institution, cooperative society or corporate body in his own name or in the name \nof his spouse or any of his dependents, or any business concern mainly owned by him or the \naforesaid, stands unpaid for more than one year from the due date, or has got such loan written \noff;  \n(d) a declaration that he, his spouse or any of his dependents or a business concern mainly \nowned by him or the aforesaid, is not in default in payment of government dues or utility charges, \nincluding telephone, electricity, gas and water charges of an amount in excess of ten thousand \nrupees, for over six months, at the time of filing of nomination papers;  \n(e) a statement specifying his educational qualifications, occupation, National Identity Card \nnumber and National Tax Number, if any, alongwith attested copies thereof; and  \n(f) a statement of his assets and liabilities and those of his spouse and dependents on the \nprescribed form as on the preceding thirtieth day of June;  \nExplanation.-For the purpose of this section, the expression  \n(i) \"loan \" shall mean any loan, advance, credit or finance obtained or written off on or after the \n31st day of December,1985,but shall not include the loan the recovery of which has been stayed \nor suspended by any order of a court or tribunal, including the High Court and the Supreme Court \n;  \n(ii) \"mainly owned \" shall mean holding or controlling a majority interest in a business concern ;  \n\n(iii) \"taxes \" include all taxes levied by Federal Government, Provincial Government or a local \ngovernment, but shall not include taxes the recovery of which has been stayed or suspended by \nany order of a court or tribunal;  \n(iv) \"government dues and utility charges \" shall, inter alia, include rent, charges of rest houses or \nlodges owned by the Federal Government, Provincial Governments, local governments or \ncorporations established or controlled by such governments, but shall not include the \ngovernment dues and utilities charges the recovery of which has been stayed or suspended by \nany order of a court or tribunal.]  \n(3) Every nomination paper shall be delivered to the Returning Officer by candidate or by his proposer or \nseconder or, if so authorized in writing by the candidate, by his nominee, and the Returning Officer shall \nacknowledge receipt of the nomination paper specifying the date and time of receipt.  \n(4) A person may be nominated in the same constituency by not more than five nomination papers.  \n(5) 9[****] Omitted.  \n(6) The Returning Officer shall assign a serial number to every nomination paper and endorse thereon the \nname of the person presenting it, and the date and time of its receipt, and inform such person of the time \nand place at which he shall hold scrutiny.  \n(7) The Returning Officer shall cause to be affixed at a conspicuous place in his office a notice of every \nnomination paper received by him containing the particulars of the candidate as shown in the nomination \npaper.  \n10[(8)The nomination form and accompanying declarations and statements shall be open to \ninspection by the public, and copies thereof may be made available by the Commission in such \nmanner and on payment of such fee as may be prescribed.]  \n13. Deposits.--(1) Subject to the provisions of sub-section (2),no nomination paper delivered under \nsection 12 shall be accepted unless  \n(a) a sum of rupees  \n(i) four thousand for election to a seat in the National Assembly; and  \n(ii) a two thousand for election to a seat in the Provincial Assembly, is deposited in cash by the candidate \nor by any person on his behalf at the time of its delivery ;or  \n(b) it is accompanied by a bank draft for a sum as aforesaid drawn in favour of the Returning Officer or a \nreceipt showing that a sum as aforesaid has been deposited by the candidate or by any person on his \nbehalf at any branch of the National Bank of Pakistan or at a Government Treasury or Sub-Treasury.  \n(2) Not more than one deposit under sub-section (1)shall be required in the case of a person who has \nbeen nominated as a candidate for the same seat by more than one nomination paper.  \n14. Security.--(1)The candidates, their election agents, the proposers and seconders and one other \nperson authorised in this behalf by each candidate 11[and an elector who has filed an objection to the \nnomination of a candidate] may attend the scrutiny of nomination papers, and the Returning Officer \nshall give them reasonable opportunity for examining all nomination papers delivered to him under \nsection 12:  \n \n12[Provided that an elector who has filed an objection to the nomination of a candidate shall only \nattend the scrutiny of the nomination paper of that candidate.]  \n(2) The Returning Officer shall, in the presence of the persons attending the scrutiny under sub-section \n(1),examine the nomination papers and decide any objection raised by any such person to any \nnomination.  \n(3)The Returning Officer may, either of his own motion or upon any objection, 13[either by an elector or] \nby any person referred to in sub--section (1),conduct such summary enquiry as he may think fit and may \nreject nomination paper if he is satisfied that  \n(a) the candidate is not qualified to be elected as a member;  \n\n(b) the proposer or the seconder is not qualified to subscribe to the nomination paper;  \n(c) any provision of section 12 or section 13 has not been complied with 13[or submits any false or \nincorrect declaration or statement in any material particular];or  \n(d) the signature of the proposer or the seconder is not genuine:  \nProvided that:  \n(i) the rejection of a nomination paper shall not invalidate the nomination of a candidate by any other valid \nnomination paper; 14[(la) the Returning Officer may, for the purpose of scrutiny, require any agency \nor authority to produce any document or record;]  \n(ii) the Returning Officer shall not reject a nomination paper on the ground of any defect which is not of a \nsubstantial nature and may allow any such defect to be remedied forthwith, including an error in regard to \nthe name, serial number in the electoral roll or other particulars of the candidate or his proposer or \nseconder so as to bring them in conformity with the corresponding entries in the electoral roll; and  \n(iii) the Returning Officer shall not enquire into the correctness or validity of any entry in the electoral roll.  \n15[(3A)Notwithstanding anything contained in sub-section (3),where a candidate deposits any \namount of loan, tax or utility charges payable by him before rejection of his nomination paper on \nthe ground of default in payment of such loan, taxes or utility charges, such nomination paper \nshall not be rejected for default thereof.]  \n(4)The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting it \nand shall, in the case of rejection, record brief reasons therefor.  \n(5) A candidate, may prefer an appeal against the decision of the Returning Officer rejecting or, as the \ncase may be, accepting the nomination paper of the candidate to the Tribunal constituted for the \nconstituency to which the nomination relates and consisting of not less than two nor more than three \nJudges of the High Court nominated by the Commissioner, with the approval of the President; and such \nappeal shall be summarily decided within such time as may be notified by the Commission and any order \npassed thereon shall be final.  \n \n16[(5A) If, on the basis of any information or material brought to its knowledge by any source, a \nTribunal constituted under sub-section (5)is of the opinion that a candidate whose nomination \npapers have been accepted is a defaulter of loan, taxes government dues or utility charges or has \nhad any loan written off or suffers from any other disqualification from being elected as a member \nof an Assembly, it may, on its own motion, call upon such candidate to show cause why his \nnomination papers may not be rejected, and if the Tribunal is satisfied that the candidate is \nactually a defaulter as aforesaid or has had a loan written off or suffers from any disqualification, \nit may reject the nomination papers.]  \n(6) An appeal not disposed of within the period specified in sub-section (5)shall be deemed to have been \nrejected.  \n(7) Announcement of the day and time appointed for the hearing of an appeal under sub-section (5)over \nthe radio or television or by publication in the press shall be deemed to be sufficient notice of the day and \ntime so appointed.  \n14A. 17[****] Omitted.  \n15. Publication of list of candidates.--(1)The Returning Officer shall, after the scrutiny of nomination \npapers, prepare and publish in the prescribed manner a list of validly nominated candidates.  \n(2) In case an appeal against the decision of the Returning Officer is accepted by the Tribunal referred to \nin sub-section (5)of section 14 the Returning Officer shall revise the list of validly nominated candidates \naccordingly.  \n(3) The Returning Officer shall, on the second day following the last date for decision of appeal under \nsub-section (5)of section 14,prepare and publish in the prescribed manner the revised list of validly \nnominated candidates.  \n\n16. Withdrawal.--(1)Any validly nominated candidate may, by notice in writing signed by him and \ndelivered to the Returning Officer on or before the withdrawal date either by the candidate himself or \nthrough an advocate duly authorized in writing by him, withdraw his candidature.  \nExplanation.- Authorisation in favour of an advocate shall be attested by a competent authority, such as, \nOath Commissioner or a Notary appointed under the Notaries Ordinance 1961 (XIX of 1961).  \n(2) A notice of withdrawal under sub-section (I )shall, in no circumstances, be open to recall or \ncancellation.  \n(3) On receiving a notice of withdrawal under sub-section (1)the Returning Officer shall if he is satisfied \nthat the signature on the notice is that of the candidate, cause a copy of the notice to be affixed at a \nconspicuous place in his office.  \n(4) The Returning Officer shall, on the withdrawal day, prepare and publish in the prescribed manner a list \nof contesting candidates which shall, if there are more than one contesting candidates, indicate their \nrespective symbols and supply a copy of the list to each of them. 17. Retirement from election, etc.--\n(1)A contesting candidate may retire from the contest by a notice in writing signed by him and delivered to \nthe Returning Officer on any day not later than four days before the polling day either by such candidate \nin person or by an agent authorised in this behalf in writing by such candidate.  \n(2) No person who has given a notice of retirement under sub-section (1) shall be allowed to cancel the \nnotice.  \n(3) The Returning Officer shall upon receiving a notice of retirement under sub-section (1) cause a copy \nthereof to be affixed at some conspicuous place in his office and also to be published in such manner as \nhe may think fit.  \n(4) A person in respect of whom a notice of retirement has been published under sub-section (3),shall be \ndeemed to have withdrawn his candidature under section 16.  \n18. Death of a candidate after nomination.--(1)If a contesting candidate dies before the day for taking \nof the poll, the Returning Officer shall, by public notice, terminate the proceedings relating to that election.  \n(2) Where the proceedings relating to an election have been terminated under sub-section (1),fresh \nproceedings shall be commenced in accordance with the provisions of this Act, as if for a new election:  \nProvided that it shall not be necessary for the other contesting candidates to file fresh nomination papers \nor make a further deposit under section 13.  \n19. Postponement, etc., under certain circumstances.--(1) Where the proceedings relating to \nnomination, scrutiny or withdrawal cannot, for reasons beyond the control of the Returning Officer, to be \nrecorded in writing, take place on the day appointed therefor he may postpone such proceedings.  \n(2) When the proceedings are postponed by the Returning Officer under sub-section (1), he shall inform \nthe Commission of his having done so and the Commission shall, by notification in official Gazette, fix \nanother day for the proceedings so postponed and if necessary, also the day or days for any subsequent \nproceedings.  \n20. Uncontested election.--(1)Where, after scrutiny under section 14, there remains only one validly \nnominated candidate or where, after withdrawal under section 16 or retirement under section 17, there \nremains only one contesting candidate, the Returning Officer shall, by public notice, declare such \ncandidate to be elected to the seat:  \nProvided that, if after scrutiny any candidate indicates that he intends to file an appeal under sub-section \n(5)of section 14 against the rejection of his nomination paper, no person shall be declared elected until \nthe period appointed for filing such appeal has expired and no such appeal has been filed or, where an \nappeal is filed, until the disposal of such appeal.  \n(2) The Returning officer shall submit to the Commission a return of the election in respect of which he \nhas made a declaration under sub-section (1).  \n(3) The Commission shall, after such inquiry as it may deem necessary in any case, publish in the official \nGazette the name of the candidate declared elected under sub-section (2).  \n\n18[20A. Candidate to file certificate of party affiliation.--Each contesting candidate, before seeking \nallotment of prescribed symbol, shall file a declaration before the Returning Officer about his \nparty affiliation, if any, along with a certificate from the political party showing that he is a party \ncandidate from the constituency.]  \n21. Contested election and allocation of symbols.--(1) If there are more contesting candidates than \none in respect of any constituency, the Returning Officer shall (a) allocate, subject to any direction of the \nCommission, one of the prescribed symbols to each contesting candidate; and in so doing shall, so tar as \npossible, have regard for any preference indicated by the candidate at the time of filing his nomination \npapers;  \n(b) publish in such manner as the Commission may direct the names of the contesting candidates \narranged in the Urdu alphabetical order specifying against each the symbol allocated to him; and  \n(c) give public notice of the poll:  \nProvided that the Commission may, on an application made to it in this behalf, allot one of the prescribed \nsymbols to any political party or a combination of two or more political parties who have agreed to put up \njoint candidates for election.  \n(2)The Returning Officer shall arrange to exhibit prominently at each polling station the name of and \nsymbol of each contesting candidate.  \n(3) 19[****] Omitted.  \n(4) 20[****] Omitted.  \n22. Election Agent.--(1)A candidate may appoint a person qualified to be elected as a member to be his \nelection agent.  \n(2)The appointment of an election agent may, at any time. be revoked in writing by the candidate and, \nwhen it is so revoked or the election agent dies, another person may be appointed by the candidate to be \nhis election agent.  \n(3) When an election agent is appointed, the candidate shall send to the Returning Officer a notice in \nwriting of the appointment containing the name, father's name and address of the election agent.  \n(4) Where no appointment of an election agent is made under this section, a candidate shall be deemed \nto be his own election agent and shall, so far as the circumstances permit, be subject to the provisions of \nthis Act both as a candidate and as an election agent.  \n23. Polling agent.--(1)The contesting candidate or his election agent may, before the commencement of \nthe poll, appoint for each polling station as many polling agents as may be prescribed and shall give \nnotice thereof in writing to the Presiding Officer.  \nProviso 21[*****] Omitted.  \n(2) The appointment of a polling agent under sub-section (1)may at any time be revoked by the candidate \nor his election agent and, when it is so revoked or the polling agent dies, another person may be \nappointed by the candidate or the election agent to be a polling agent; and a notice of such appointment \nshall be given to the Presiding Officer.  \n24. Absence of candidates etc., not to invalidate acts, etc.--Where any act or thing is authorised by \nthis Act to be done in the presence of the candidate, an election agent or a polling agent, the failure of \nsuch person to attend at the time and place appointed for the purpose shall not invalidate any act or thing \notherwise validly done.  \n25. One day poll.--Polls for a general election for an Assembly shall be held on the same day and the \npolls for National Assembly seats and the Provincial Assembly seats may be held simultaneously: \nProvided that, if the Commission is satisfied that polls cannot take place in a constituency on account of a \nnatural calamity or for any other reason beyond its control, the Commission may fix another day for \nholding the poll in that constituency.  \n\n26. Hours of the poll.-The Commission shall fix the hours, which shall not be less than eight, during \nwhich the poll shall be held and the Returning Officer shall give public notice of the hours so fixed and \nhold the poll accordingly.  \n27. Stopping of the poll.- (1)The Presiding Officer of a polling station shall stop the poll and inform the \nReturning Officer that he has done so if -  \n(a) the poll at the polling station is, at any time, so interrupted or obstructed for reasons beyond the \ncontrol of the Presiding Officer that it cannot be resumed during the polling hours fixed under section \n26;and  \n(b) any ballot box used at the polling station is unlawfully taken out of the custody of the Presiding Officer, \nor is accidentally or intentionally destroyed, or is lost or is damaged or tampered with to such an extent \nthat the result of the poll at the polling station cannot be ascertained.  \n(2) Where a poll has been stopped under sub-section (1)the Returning Officer shall immediately report \nthe circumstances to the Commission and the Commission shall direct a fresh poll at that polling station, \nunless it is satisfied that the result of the election has been determined by the polling that has already \ntaken place at that polling station, taken with the result of the polling at other polling stations, in the same \nconstituency.  \n(3) Where the Commission orders a fresh poll under pub-section (2),it shall, by notification in the official \nGazette,  \n(a) appoint a day for a fresh poll and fix the place at which and the hours during which such fresh poll \nshall be taken; and  \n(b) the Returning Officer shall give public notice of the day so appointed and the place and hours so fixed.  \n(4) At a fresh poll taken under sub-section (3)at a polling station all electors entitled to vote there at shall \nbe allowed to vote and no vote cast at the poll stopped under sub-section (1) shall be counted; and the \nprovisions of this Act and the rules and orders made thereunder shall apply to such fresh poll.  \n28. Election by secret ballot.-An election under this Act shall be decided by secret ballot and, subject to \nthe provisions of section 29 every elector shall cast his vote by inserting in accordance with the provisions \nof this Act, in the ballot box, a ballot paper in the prescribed form.  \n29. Postal ballot.--(1)The following persons may cast their votes by postal ballot in such manner as may \nbe prescribed, namely:  \n(a) a person referred to in sub-section (3) or sub-section (4) or subsection (5) of section 7 of the Electoral \nRolls Act,1974 (XXI of 1974); and  \n(b) a person appointed by the Returning Officer, including police personnel, for the performance of any \nduty in connection with an election at polling station other than the one at which he is entitled to cast his \nvote.  \n(2) An elector who, being entitled to do so, intends to cast his vote by postal ballot shall,  \n(a) in the case of a person referred to in clause (a)of sub-section (1),within such time as may be specified \nby the Commission soon after the issue of the notification under section 11;and  \n(b) in the case of a person referred to in clause (b) of sub-section (1),as soon as may be after his \nappointment, apply to the Returning Officer of the constituency in which he is an elector for a ballot paper \nfor voting by postal ballot; and every such application shall specify the name of the elector, his address \nand his serial number in the electoral roll.  \n(3) The Returning Officer shall immediately upon the receipt of an application by an elector under sub-\nsection (2)send by post to such elector a ballot paper and an envelope bearing on its face a form of \ncertificate of posting, showing the date thereof, to be filled in by the proper official of the Post Office at the \ntime of posting by the elector.  \n(4) An elector on receiving his ballot paper for voting by postal ballot shall record his vote in the \nprescribed manner and, after so recording, post the ballot paper to the Returning Officer in the envelope \n\nsent to him under sub-section (3),so as to reach the Returning Officer before the consolidation of results \nby him.  \n30. Ballot Boxes.--(1)The Returning Officer shall provide each Presiding Officer with such number of \nballot boxes as may be necessary.  \n(2) The ballot boxes shall be of such material and design as may be approved by the Commission.  \n(3) Not more than one ballot box shall be used at a time for the purpose of the poll at any polling station, \nor at any polling booth, where there are more than one polling booths at a polling station.  \n(4) Before the time fixed for the commencement of the poll, the Presiding Officer shall- (a) ensure that \nevery ballot box to be used is empty;  \n(b) show the empty ballot box to the contesting candidates and their election agents or polling agents \nwhoever may be present, and record their statements in this behalf in the prescribed form and obtain their \nsignatures on them;  \n(c) after the ballot box has been shown to be empty, close and seal it with his own seal and with the seal \nof such of the candidates, or their election agents or polling agents as may be present and may desire to \nput their own seals on it; and  \n(d) place the ballot box so as to be conveniently accessible to the electors, and at the same time within \nhis view and within the view of such candidates or their election agents or polling agents as may be \npresent.  \n(5) If one ballot box is full or cannot further be used for receiving ballot papers, the Presiding Officer shall \nseal that ballot box with his own seal and with the seals of the candidates or their polling agents who may \nwish to seal it and keep it in a secure place in the polling station and use another ballot box in the manner \nlaid down in sub-section(4).  \n(6) A Presiding Officer shall make such arrangements at the polling station that every elector may be able \nto secretly mark his ballot paper before folding and inserting it in the ballot box.  \n31. Admission to the polling station.--The Presiding Officer shall, subject to such instructions as the \nCommission may give in this behalf, regulate the number of electors to be admitted to the polling station \nat a time and shall exclude from the polling station all other persons except-  \n(a) any person on duty in connection with the election;  \n(b) the contesting candidates, their election agents and polling agents; and  \n(c) such other persons as may be specifically permitted by the Returning Officer.  \n32. Maintenance of order at the polling station.--(1)The Presiding Officer shall keep order at the polling \nstation and may remove or cause to be removed any person who misconducts himself at a polling station \nor fails to obey any lawful orders of the Presiding Officer.  \n(2) Any person removed under sub-section (1)from a polling station shall not, without the permission of \nthe Presiding Officer, again enter the polling station during the poll and shall, if he is accused of an \noffence in polling station, be liable to be arrested without warrant by a Police Officer.  \n(3) The powers under this section shall be so exercised not to deprive an elector of an opportunity to cast \nhis vote at the polling station at which he is entitled to vote.  \n33. Voting procedure.--(1)Where an elector presents himself at the polling station to vote, the Presiding \nOfficer shall issue a ballot paper to the elector after satisfying himself about the identity of the elector and \nshall, for that purpose, require the elector to produce his identity card provided for in the National \nRegistration Act,1973 (LVI of 1973) 22[or issued under the National Database and Registration \nAuthority Ordinance, 2000 (VIII of 2000)].  \n(2) Before a ballot paper is issued to an elector  \n(a) 23[****] Omitted.  \n(b)the number and name of the elector as entered in the electoral roll shall be called out;  \n\n(c) the entry relating to the elector on the electoral roll shall be struck off to indicate that a ballot paper has \nbeen issued to him;  \n(cc) he shall be required to receive a personal mark, made with indelible ink, on any finger of either hand \nas indicated by the Commission;  \n(d) the ballot paper shall be stamped on its back with the official mark and signed by the Presiding Officer; \nand  \n(e) the Presiding Officer shall record on the counterfoil of the ballot paper the number of the elector on the \nelectoral roll the number of National Identity Card of the elector, stamp it with the official mark, sign it and \nobtain on it the thumb impression of the elector.  \n(3) A ballot paper shall not be issued to a person who-  \n(a) fails or refuses to produce his identity card provided for in the National Registration Act,1973 (LVI of \n1973) 24[or issued under the National Database and Registration Authority Ordinance,2000 (VIII of \n2000)];.  \n(b) 25[****] Omitted.  \n(c) refuses to put his thumb impression on the counterfoil or whose thumb bears traces of its having \nalready been used for putting an impression; or  \n(d) refuses to receive the personal mark with indelible ink or who already bears such a mark or traces of \nsuch a mark.  \n(4) If a contesting candidate or his election agent or polling agent alleges that an elector to whom a ballot \npaper is about to be issued already has one or more ballot papers in his possession, the Presiding Officer \nmay require the elector to satisfy him that he does not have any other ballot paper in his possession and \nmay also take such measures as he thinks fit to ensure that such elector does not insert more than one \nballot paper in the ballot box.  \n(5) On receiving the ballot paper, the elector shall (a)forthwith proceed to the place reserved for marking \nthe ballot paper;  \n(b) put the prescribed mark on the ballot paper at any place within the space containing the name and \nsymbol of the contesting candidate for whom he wishes to vote; and  \n(c) after he has so marked the ballot paper, fold and insert it in the ballot box.  \n(6) The elector shall vote without undue delay and shall leave the polling station immediately after he has \ninserted his ballot paper in the ballot box.  \n(7) Where an elector is blind or is otherwise so incapacitated that he cannot vote without the assistance of \na companion, the Presiding Officer shall allow him such assistance and thereupon such elector may do \nwith such assistance anything which an elector is required or permitted to do under this Act.  \n34. Tendered ballot papers.--(1)if a person representing himself to be an elector applies for a ballot \npaper when another person has already represented himself to be that elector and has voted under the \nname of the person so applying, he shall be entitled, subject to the provisions of the section to receive a \nballot paper (hereinafter referred to as \"tendered ballot paper \" in the same manner as any other elector.  \n(2) A ballot paper issued under sub-section (1) shall, after it has been marked and folded by the elector, \nbe placed in the same condition in separate packet bearing the label \"Tendered Ballot Paper \" instead of \nbeing placed in the ballot box and shall not be included in the count by the Presiding Officer or the \nReturning Officer.  \n(3) The name of the person applying for a ballot paper under sub-section (1)and his number on the \nelectoral roll shall be entered in a list (hereinafter referred to as \"the tendered votes list \")to be prepared \nby the Presiding Officer.  \n35. Challenge of electors.--(1) If, at the time a person applies for ballot paper for the purpose of voting, a \ncandidate or his polling agent declares to the Presiding Officer that he has reasonable  \n\ncause to believe that person has already voted at the election, at the same or another polling station, or is \nnot the person against whose name entered in the electoral roll he is seeking to vote, and undertakes to \nprove the charge in a court of law and deposits with the Presiding Officer in cash a sum of two rupees, \nthe Presiding Officer may, after warning the person of the consequences and obtaining on the counterfoil, \nhis thumb impression and if he is literate also his signature issue a ballot paper (hereinafter referred to as \n\"challenged ballot paper \")to that person.  \n(2) If the Presiding Officer issues a ballot paper under sub-section (1)to such person he shall enter the \nname and address of that person in a list to be prepared by him (hereinafter referred to as \"the \nchallenged votes list \")and obtain thereon the thumb impression and, if he is literate, also the signature of \nthat person.  \n(3) A ballot paper issued under sub-section (1) shall, after it has been marked and folded by the elector, \nbe placed in the same condition in a separate packet bearing the label \"Challenged Ballot Papers \n\",instead of being placed in the ballot box.  \n36. Spoilt ballot paper.--(1)An elector who has inadvertently so spoilt his ballot paper that it cannot be \nused as a -valid ballot paper may, upon proving the fact of inadvertence to the satisfaction of the \nPresiding Officer and returning the ballot paper to him, obtain another ballot paper and cast his vote by \nsuch other ballot paper.  \n(2) The Presiding Officer shall forthwith cancel the ballot paper returned to him under sub-section \n(1),make a note to that effect on the counterfoil over his own signatures and sign the cancelled ballot \npaper, and place it in a separate packet bearing the label \"Spoilt Ballot Papers \".  \n37. Voting after close of poll.--No person shall be given any ballot paper or be permitted to vote after \nthe hour fixed for the close of the poll, except the persons who at that hour are present within the building, \nroom, tent or enclosure in which the polling station is situated and have not voted but are waiting to vote.  \n38. Proceedings at the close of poll.--(1)The Presiding Officer shall count the votes immediately after \nthe close of the poll in the presence of such of the contesting candidates, election agents and polling \nagents as may be present.  \n(2) The Presiding Officer shall give such of the contesting candidates, election agents and polling agents \nas may be present reasonable facility of observing the count and give them such information with respect \nthereto as can be given consistent with the orderly conduct of the count and the discharge of his duties in \nconnection therewith.  \n(3) No person other than the Presiding Officer, the Polling Officer, any other person on duty in connection \nwith the poll, the contesting candidates, their election agents and polling agents shall be present at the \ncount.  \n(4)The Presiding Officer shall  \n(a) open the used ballot box or ballot boxes and count the entire lot of ballot papers taken out therefrom;  \n(b) open the packet bearing the label \"Challenged Ballot Papers \"and count them;  \n(c) count, in such manner as may be prescribed, the-votes cast in favour of each contesting candidate \nexcluding from the count the ballot papers which bear (i) no official mark and signature of the Presiding \nOfficer ;  \n(ii) any writing or any mark other than the official mark, the signature of the Presiding Officer and the \nprescribed mark or to which a piece of paper or any other object of any kind has been attached ;  \n(iii) no prescribed mark to indicate the contesting candidate for whom the elector has voted; or  \n(iv) any mark from which it is not clear for whom the elector has voted:  \nProvided that a ballot paper shall be deemed to have been marked in favour of a candidate if the whole or \nmore than half of the area of the prescribed mark appears clearly within the space containing the name \nand symbol of that candidate and, where the prescribed mark is divided equally between two such \nspaces, the ballot paper shall be deemed invalid.  \n(5) The Presiding Officer may recount the votes  \n\n(a) of his own motion if he considers it necessary; or  \n(b) upon the request of a contesting candidate or an election agent present if, in his opinion, the request \nis not unreasonable.  \n(6) The valid ballot papers cast in favour of each contesting candidate shall be put in separate packets \nand each such packet shall be sealed and shall contain a certificate as to the number, both in letters and \nfigures, of the ballot papers put in it and shall also indicate the nature of the contents thereof, specifying \nthe name and symbol of the contesting candidate to whom the packet relates.  \n(7) The ballot papers excluded from the count shall be put in a separate packet indicating thereon the \ntotal number both in letters and figures of the ballot papers, contained therein.  \n(8) The packets mentioned in sub-sections (6)and (7)shall be put in a principal packet which shall be \nsealed by the Presiding Officer.  \n(9) The Presiding Officer shall, immediately after the count, prepare a statement of the count in such form \nas may be prescribed showing therein the number of valid votes polled by each contesting candidate and \nthe ballot papers excluded from the count.  \n(10) The Presiding Officer shall also prepare in the prescribed form a ballot paper account showing \nseparately  \n(a) the number of ballot papers entrusted to him;  \n(b) the number of un-issued ballot papers;  \n(c) the number of ballot papers taken out of the ballot box or boxes and counted;  \n(d) the number of tendered ballot papers;  \n(e) the number of challenged ballot papers; and  \n(f) the number of spoilt ballot papers.  \n(11) The Presiding Officer shall give a certified copy of the statement of the count and the ballot paper \naccount to such of the candidates, their election agents or polling agents as may be present and obtain a \nreceipt for such copy.  \n(12) The Presiding Officer shall seal in separate packets--  \n(a) the un-issued ballot papers;  \n(b) the spoilt ballot papers;  \n(c) the tendered ballot papers;  \n(d) the challenged ballot papers;  \n(e) the marked copies of the electoral rolls;  \n(f) the counterfoils of used ballot papers;  \n(g) the tendered votes list;  \n(h) the challenged votes list; and  \n(i) such other papers as the Returning Officer may direct.  \n(13) The Presiding Officer shall obtain on each statement and packet prepared under this section the \nsignature of such of the contesting candidates or their election agents or polling agents as may be \npresent and, if any such person refuses to sign, the Presiding Officer shall record that fact.  \n(14) A person required to sign a packet or statement under sub-section (13)may, if he so desires, also \naffix his seal to it.  \n(15) After the close of the proceedings under the foregoing subsections, the Presiding Officer shall, in \ncompliance with such instructions as may be given by the Commission in this behalf cause the packets, \nthe statement of the count and the ballot paper account prepared by him to be sent to the Returning \nOfficer together with such other records as the Commission may direct.  \n\n39. Consolidation of results.--(I)The Returning Officer shall give the contesting candidates and their \nelection agents a notice in writing of the day, time and place fixed for the consolidation of the results, and, \nin the presence of such of the contesting candidates and election agents as may be present consolidate \nin the prescribed manner the results of the count furnished by the Presiding Officers, including therein the \npostal ballots received by him before the time aforesaid.  \n(2) The consolidation proceedings shall be held without any avoidable delay as soon as possible after the \npolling day.  \n(3) Before consolidating the results of the count, the Returning Officer shall examine the ballot papers \nexcluded from the count by the Presiding Officer and, if he finds that any such ballot paper should not \nhave been so excluded, count it as a ballot paper cast in favour of the contesting candidate for whom the \nvote has been cast thereby.  \n(4) The Returning Officer shall also count the ballot papers received by him by post in such manner as \nmay be prescribed and include the votes cast in favour of each contesting candidate in the consolidated \nstatement except those which he may reject on any of the grounds mentioned in sub-section (4)of section \n38.  \n(5) The ballot papers rejected by the Returning Officer under sub-section (4) shall be shown separately in \nthe consolidated statement.  \n(6)The Returning Officer may recount the ballot papers-  \n(a) upon the request of, or challenge in writing made by, a contesting candidate or his election agent, if \nthe Returning Officer is satisfied that the request or the challenge is reasonable; or  \n(b) if so directed by the Commission, in which case the recount shall be held in such manner and at such \nplace as may be directed by the Commission.  \n40. Resealing of packets and supply of copies.--The Returning Officer shall-  \n(a) immediately after preparing the consolidated statement and the return of election, reseal in the \nprescribed manner the packets and statements opened by him for the purpose of consolidation, \npermitting such of the candidates and their election agents as may be present to sign the packets and \naffix their seals to such packets; and  \n(b) supply duly attested copies of the consolidated statement and the return of election to such of the \ncandidates and their election agents as may be present.  \n41.Equality of votes.--(1) Where, after consolidation of the results of the count under section 39,it \nappears that there is equality of votes between two or more contesting candidates and the addition of one \nvote for one such candidate would entitle him to be declared elected, the Returning Officer or the \nCommission, as the case may be, shall forthwith draw a lot in respect of such candidates and the \ncandidate on whom the lot falls shall be deemed to have received the highest number of votes entitling \nhim to be declared elected.  \n(2)The lot shall be drawn in the presence of such of the contesting candidates and their election agents \nas may be present.  \n(3) The Returning Officer or the Commission, as the case may be, shall keep, record of the proceedings \nand obtain thereon the signature of such of the candidates and election agents as have been witness to \nthe proceedings, and if any such person refuses to sign, such fact shall be recorded.  \n42. Declaration of results.--(1)The Returning Officer shall, after obtaining the result of the count under \nsection 39 or of the drawal of the lots under section 41,intimate the results of the count to the Commission \nwhich shall declare by public notice the contesting candidate who has or is deemed to have received the \nhighest number of votes to be elected.  \n(2) The public notice shall contain the name of, and the total number of votes received by, each \ncontesting candidate as a result of consolidation under section 39 or as a result of drawal of lots under \nsection 41.  \n\n(3) The Returning Officer shall, immediately after the count, submit to the Commission a copy of the \nconsolidated statement in the prescribed form.  \n26[(3A) Every returned candidate shall, within ten days from the poll of an election, submit a \nreturn of election expenses in accordance with the provisions of section 50.]  \n(4)The Commission shall publish in the official Gazette the name of the returned candidate.  \n27[Provided that the result of a returned candidate shall not be published who fails to submit the return of \nexpenses specified in subsection (3A)].  \n28[42A.Yearly submission of statements of assets and liabilities.  \n(1)Every member shall, on a form prescribed under clause (f)of sub-section (2)of section 12,submit a \nstatement of assets and liabilities of his own, his spouse and dependents annually to the Commission by \nthe thirtieth day of September each year.  \n(2) The statements of assets and liabilities submitted under sub-section (1)shall be published in the \nofficial Gazette and copies thereof may be obtained on payment of prescribed fee.  \n(3) The Commissioner shall, by the fifteenth day of October each year; notify the names of the members \nwho fail to file statements of assets and liabilities within the period specified in sub-section (1)and by an \norder, direct that such member shall cease to function till such statement is submitted.  \n(4) Where a member submits the statement of assets and liabilities under sub-section (1) which is found \nto be false in material particulars, he may be proceeded against under section 82 for committing the \noffence of corrupt practice.]  \n43. Return or forfeiture of deposit.--(1)After the termination of the proceedings relating to an election \nunder section 18 where the proceedings have been so terminated and the contesting candidate does not \nwant to utilise his security deposit for a subsequent election, or after the declaration of the result of an \nelection under section 20 or section 42 the deposit made under section 13,in respect of any candidate \nshall be returned to the person making it or to his legal representative, except the deposit in respect of a \ncandidate who has received less than one-eight of the total number of votes cast at the election.  \nProvided that a deposit shall not be required to be returned after six months of the termination of the \nproceedings or, as the case may be, the declaration of the result of the election, as aforesaid.  \n(2) A deposit which is not required to be returned under sub-section (1) shall be forfeited to the Federal \nGovernment.  \n44. Documents to be sent to, and retained by, the Commission.--The Returning Officer shall forward to \nthe Commission  \n(a) the packets containing the ballot papers each of which shall be sealed with the seal of the Presiding \nOfficer, or, if opened by the Returning Officer, with the seal of the Returning Officer;  \n(b) the packets containing the counterfoils of issued ballot papers;  \n(c) the packets containing the marked copies of the electoral rolls;  \n(d) the packets containing the ballot paper account;  \n(e) the packets containing the tendered ballot papers, the challenged ballot papers, the tendered votes list \nand the challenged votes list; and  \n(f) such other papers as the Commission may direct.  \n(2) The Returning Officer shall endorse in each packet forwarded under sub-section (1)the description of \nits contents, the date of the election to which the contents relate and the name and number of the \nconstituency for which the election was held.  \n(3) The Commission shall retain the documents contained in the packets received under subsection (1)for \na period of one year from the date of their receipt and thereafter shall, unless otherwise directed by a \nTribunal, cause them to be destroyed.  \n45. Public inspection of documents.--The documents retained by the Commission under section \n44,except the ballot papers, shall be open to public inspection at such time and subject to such conditions \n\nas may be prescribed, and the Commission shall, upon an application made in this behalf and on \npayment of such fee and subject to such conditions as may be prescribed, furnish copies of, or extracts \nfrom, those documents.  \n46. Order for production of documents.--(1) A Tribunal may order the opening of packets of counterfoils \nand certificates or the inspection of any counted ballot papers.  \n(2) An order under sub-section (1)may be made subject to such conditions as to persons, time, place and \nmode of inspection, production of documents and opening of packets as the Tribunal making the order \nmay think expedient Provided that in making and carrying into effect an order for the inspection of \ncounted ballot papers, care shall be taken that no vote shall be disclosed until it has been held by the \nTribunal to be invalid.  \n(3) Where an order is made under sub-section (1),the production by the Commission of any document in \nsuch manner as may be directed by the order shall be conclusive evidence that the document relates to \nthe election specified in the order and any endorsement on any ballot papers or packet of ballot papers or \ndocuments so produced shall be prima facie evidence that the ballot papers or documents are what the \nendorsement states them to be.  \n(4) The production from proper custody of a ballot paper purporting to have been used at an election and \nof a numbered counterfoil bearing the signature or thumb impression of the elector shall be prima facie \nevidence that the elector whose vote was given by that ballot paper was the elector who had on the \nelectoral rolls the same number as was written on the counterfoil.  \n(5) Save as is provided in this section no person shall be allowed to inspect any rejected or counted ballot \npapers in the possession of the Commission.  \n \n \n \n29[CHAPTER V-A ELECTION TO RESERVED SEATS \n47A. Party lists for reserved seats, etc.--(1) For the purpose of election to seats reserved for women and \nnon-Muslims in the National Assembly and Provincial Assemblies, the political parties contesting election \nfor such seats shall, within the period fixed by the Election Commission for submission of nomination \npapers, file separate lists of their candidates in order of priority for seats reserved for women and non-\nMuslims with the Chief Election Commissioner or, as he may direct, with the Provincial Election \nCommissioner, who shall forthwith cause such lists to be published for information of the public at large.  \n(2) The parties' lists referred to in clause (1)may contain as many names of additional candidates as a \npolitical party may deem necessary for contesting seats reserved for women and non-Muslims to provide \nfor any disqualification of candidates during scrutiny of nomination papers or for filling of any vacant seat \nduring the terms of National Assembly and Provincial Assemblies, as the case may be.  \n(3) Where a seat reserved for women or non-Muslims in the National Assembly or a Provincial Assembly \nfalls vacant for death, resignation or disqualification of a member, it shall be filled in by the next person in \norder of precedent from the party's list of the candidates submitted to the Election Commission under \nclause (1).  \n(4) Every candidate contesting election on a seat reserved for women or non-Muslims shall, alongwith the \nnomination papers and other relevant documents, submit to the Returning Officer appointed by the \nElection Commission in this behalf  \n(a) a copy of the party list of the candidate 's political party for such seats;  \n(b) declarations and statements as required by law or rules in support of the nomination; and  \n(c) the fee required under any law for the time being in force for filing nomination papers.]  \n \n \n \n\nCHAPTER VI ELECTION EXPENSES \n30[48.Definitions.-For the purpose of this Act, \"election expenses \" means any expenditure incurred \nbefore, during and after an election or payment made, whether by way of gift, loan, advance, deposit or \notherwise, for the arrangement, conduct or benefit of, or in connection with or incidental to the election of \na candidate, including the expenditure on account of issuing circulars or publications, but does not include \nthe deposit made under section 13.  \n49. Restriction on election expenses.--(1)No person other than the candidate shall incur any election \nexpenses of such candidate:  \nProvided that where any person incurs any election expenses on behalf of such candidate, whether for \nstationery, postage, telegrams, advertisement, transport or for any other item whatsoever, such expenses \nshall be deemed to be the election expenses incurred by the candidate himself.  \n(2) The election expenses of a contesting candidate shall not exceed, in the case of an election to a seat \nin the National Assembly, one million and five hundred thousand rupees and, in the case of an election to \na seat in a Provincial Assembly, one million rupees.  \n(3) A candidate shall, through bills, receipts and other documents, vouch for every payment made in \nrespect of election expenses, except where the amount is less than five hundred rupees.  \n50. Return of election expenses.-(1)Every contesting candidate, other than the returned candidate, shall \nsubmit the return of his election expenses within thirty days of the publication of the name of the returned \ncandidate.,  \n(2) The return of election expenses of the returned candidate referred to in sub-section (3A)of section 42 \nand of every contesting candidate referred to in sub-section (1)shall be submitted to the Returning Officer \nin the prescribed form containing  \n(a) a statement of all payments made by him together with all bills and receipts;  \n(b) a statement of all disputed claims;  \n(c) a statement of all unpaid claims, if any; and  \n(d) a statement of all moneys, securities or equivalent of money received from, or spent, by any person \nfor the benefit of the candidate, specifying the name of every such person.  \n(3) The returns submitted under sub-section (2)shall be accompanied by an affidavit of the candidate in \nthe prescribed form.  \n51. Inspection of returns, etc.--(1)The returns and documents submitted under section 50 shall be kept by \nthe Returning Officer in his office or at such other convenient place as he may think fit and shall, during \none year from the date of their receipt by him, be open to inspection by any person on payment of the \nprescribed free.  \n(2) The Returning Officer shall, on an application made in this behalf and payment of the prescribed fee, \ngive any person copies of any return or document kept under sub-section (1)].  \n \n \nCHAPTER VII ELECTION DISPUTES \n52. Election petition.--No election shall be called in question except by an election petition made by a \ncandidate for that election (hereafter in this Chapter referred to as the petitioner.  \n(2) An election petition shall be presented to the Commissioner within forty-five days of the publication in \nthe official gazette of the name of the returned candidate and shall be accompanied by a receipt showing \nthat the petitioner has deposited at any branch of the National Bank of Pakistan or at a Government \nTreasury or sub-Treasury in favour of the Commissioner, under the prescribed head of account, as \nsecurity for the costs of the petition, a sum of one thousand rupees:  \n53. Presentation of petition.--(1)An election petition shall be presented by a petitioner and shall be \ndeemed to have been presented  \n\n(a) when it is delivered in person to the Secretary to the Commission or to such other officer as may be \nappointed by the Commission in that behalf,  \n(i) by the petitioner; or  \n(ii) by a person authorised in writing in this behalf by the petitioner; or  \n(b) when delivered by registered post to the Secretary to the Commission or to such other officer as \naforesaid.  \n(2) An election petition, if sent by registered post, shall be deemed to have been presented in time if it is \nposted within the period specified in sub-section (2)of section 52.  \n54. Parties to the petition.--The petitioner shall join as respondents to his election petition  \n(a) all contesting candidates; and  \n(b) any other candidate against whom any allegation of any corrupt or illegal practice is made and shall \nserve personally or by registered post on each such respondent a copy of the petition.  \nExplanation.-In this section and in the following provisions of this chapter, \"corrupt or illegal practice\" \nmeans a \"corrupt practice\" or an \"illegal practice\" within the meaning of Chapter VIII.  \n55. Contents of petition.--(1) Every election petition shall contain  \n(a) A precise statement of the material facts on which the petitioner relies;  \n(b) full particulars of any corrupt or illegal practice or other illegal act alleged to have been committed, \nincluding as full a statement as possible of the names of the parties alleged to have committed such \ncorrupt or illegal practice or illegal act and the date and place of the commission of such practice or act; \nand  \n(c) the relief claimed by the petitioner.  \n(2) A petitioner may claim as relief any of the following declarations, namely:  \n(a) that the election of the returned candidate is void;  \n(b) that the election of the returned candidate is void and that the petitioner or some other person has \nbeen duly elected; or,  \n(c) that the election as a whole is void.  \n(3) Every election petition and every schedule or annex to that petition shall be signed by the petitioner \nand verified in the manner laid down in the Code of Civil Procedure,1908 (Act V of 1908),for the \nverification of pleadings.  \n56. Procedure on receipt of petition by the Commissioner.--(1) If the Commissioner finds that any \nprovision of section 52,section 53 or section 54 has not been complied with, the petition shall be \ndismissed forthwith.  \n(2) If an election petition is not dismissed under sub-section (1), the Commissioner shall refer it for trial to \na Tribunal.  \n57. Appointment of Tribunal.--(1)For the trial of election petitions under this Act, the Commissioner shall \nappoint as many Election Tribunals as may be necessary.  \n(2) An Election Tribunal shall consist of a person who has been, or is, or, at the time of his retirement as a \nDistrict and Sessions Judge, was qualified to be, a Judge of a High Court.  \n58. Power to transfer petition.--The Commissioner, either of his own motion or on an application made in \nthis behalf by any of the parties, may, at any stage, transfer an election petition from one Tribunal to \nanother Tribunal and the Tribunal to which the election petition is so transferred (a) shall proceed with the \ntrial of the petition from the stage from which it is transferred; and  \n(b) may, if it thinks fit, recall and examine any of the witnesses already examined.  \n59. Place of trial.--The trial of an election petition shall be held at such place or places as the Tribunal \nmay think fit.  \n\n60. Advocate-General to assist the Tribunal.--The Advocate-General for a Province shall, if a Tribunal so \nrequires, assist the Tribunal at the hearing of an election petition in such manner as it may require.  \n61. Appearance before Tribunal.--Any appearance, application or act before a Tribunal may be made or \ndone by a party in person or by an advocate or any other person entitled or allowed to plead in any civil \ncourt and duly appointed to act on his behalf:  \nProvided that the Tribunal may, where it considers it necessary, direct any party to appear in person.  \n62. Procedure before Tribunal.--(1)Subject to the provisions of this Act and the rules, every election \npetition shall be tried in accordance with the procedure laid down by the Election Commission.  \n(2) Subject to the provisions of this Act, the Evidence Act,1872 (I of 1872), shall apply for the trial of an \nelection petition.  \n(3) The Tribunal may, at any time, upon such terms and on payment of such fee as it may direct, allow a \npetition to be amended in such manner as may, in its opinion, be necessary for ensuring a fair and \neffective trial and for determining the real questions at issue, so however that no new ground of challenge \nto the election is permitted to be raised.  \n(4) At any time during the trial of an election petition, the Tribunal may call upon the petitioner to deposit \nsuch further sum by way of security, in addition to the sum deposited under section 52,as it may think fit.  \n63. Dismissal of petition during trial.-The Tribunal shall dismiss an election petition, if  \n(a) the provisions of section 54 or section 55 have not been complied with; or  \n(b) if the petitioner fails to make the further deposit required under subsection (4) of section 62.  \n64. Power of the Tribunal.--The Tribunal shall have all the powers of a civil court trying a suit under the \nCode of Civil Procedure,1908,(Act V of 1908),and shall be deemed to be a civil court within the meaning \nof sections 476,480 and 482 of the Code of Criminal Procedure,1898 (Act V of 1898).  \n65. Further provision relating to evidence and witnesses.--(1) Notwithstanding anything to the contrary \ncontained in any other law for the time being in force, no document shall be inadmissible in evidence at \nthe trial of an election petition only on the ground that it is not duly stamped or registered.  \n(2) No witness shall be excused from answering any question as to any matter in issue, or relevant to a \nmatter in issue, in the trial of an election petition upon the ground that the answer to such question may \nincriminate or tend to incriminate him or that it may expose or tend to expose him to any penalty or \nforefeiture; but no witness shall be required or permitted to state for whom he has voted at an election.  \n(3) A witness who answers truly all questions which he is required to answer shall be entitled to receive a \ncertificate of indemnity from the Tribunal and an answer given by him to a question put by or before the \nTribunal shall not, except in the case of any criminal proceeding for perjury in respect of his evidence, be \nadmissible in evidence against him in any civil or criminal proceedings.  \n(4) A certificate of indemnity granted to any witness under sub-section (3)may be pleaded by him in any \ncourt and shall be a full and complete defence to or upon any charge under Chapter IXA of the Pakistan \nPenal Code (Act LXV of 1860),or under this Act, arising out of the matters to which such certificate \nrelates, but it shall not be deemed to relieve him from any disqualification in connection with an election \nimposed by any law for the time being in force.  \n(5) The reasonable expenses incurred by any person in attending to give evidence may be allowed to him \nby the Tribunal and shall, unless the Tribunal otherwise directs, be deemed to be part of the costs.  \n66. Recrimination where seat is claimed.--(1)Where in an election petition a declaration is claimed that a \ncandidate other than the returned candidate has been duly elected, the returned candidate or any other \nparty may produce evidence to prove that the election of such other candidate would have been declared \nvoid had he been the returned candidate and had a petition been presented calling his election in \nquestion:  \nProvided that the returned candidate or such other party as aforesaid shall not be entitled to give such \nevidence unless he or it has, within the fourteen days next following the commencement of the trial, given \nnotice to the tribunal of his intention so to do and has also deposited the security referred to in section 52.  \n\n(2) Every notice referred to in sub-section (1)shall be accompanied by a statement of the case, and all the \nprovisions relating to the contents, verification, trial and procedure of an election petition, or to the \nsecurity deposit in respect of an election petition, shall apply to such a statement as if it were an election \npetition.  \n67. Decision of the Tribunal.--(1)The Tribunal may, upon the conclusion of the trial of an election petition, \nmake an order  \n(a) dismissing the petition;  \n(b) declaring the election of the returned candidate to be void;  \n(c) declaring the election of the returned candidate to be void and the petitioner or any other contesting \ncandidate to have been duly elected; or  \n(d) declaring the election as a whole to be void.  \n31[(lA)The Election Tribunal shall proceed with the trial of the election petition on day to day basis and the \ndecision thereof shall be taken within four months from its receipt Provided that where the delay in the \nproceedings is occasioned by any act or omission of a returned candidate or any other person acting on \nhis behalf, the Tribunal shall refer to the Commissioner that such candidate may be declared by the \nCommission to have ceased to perform the functions of his office either till the conclusion of the \nproceedings or for such period as the Commission may direct.]  \n(2) Save as provided in sub-section (3),the decision of a Tribunal on an election petition shall be final.  \n(3) Any person aggrieved by a decision of the Tribunal may, within thirty days of the announcement of the \ndecision, appeal to the Supreme Court and the decision of the Supreme Court on such appeal shall be \nfinal.  \nExplanation.-In this sub-section, \"decision of the Tribunal \" shall not be deemed to include an order made \nby the Commission in the exercise of its powers under section 103AA.  \n68. Ground for declaring election of returned candidate void.--(1)The Tribunal shall declare the election of \nthe returned candidate to be void if it is satisfied that  \n(a) the nomination of the returned candidate was invalid; or  \n(b) the returned candidate was not, on the nomination day, qualified for, or was disqualified from, being \nelected as a member; or  \n(c) the election of the returned candidate has been procured or induced by any corrupt or illegal practice; \nor  \n(d) a corrupt or illegal practice has been committed by the returned candidate or his election agent or by \nany other person with the connivance of the candidate or his election agent.  \n(2) The election of a returned candidate shall not be declared void on the ground  \n(a) that any corrupt or illegal practice has been committed, if the Tribunal is satisfied that it was not \ncommitted by, or with the consent or connivance of that candidate or his election agent and that the \ncandidate and the election agent took all reasonable precaution to prevent its commission; or  \n(b) that any of the other contesting candidates was, on the nomination day not qualified for or was \ndisqualified from, being elected as a member.  \n69. Ground for declaring a person other than a returned candidate elected.-The Tribunal shall declare the \nelection of the returned candidate to be void and the petitioner or any other contesting candidate to have \nbeen duly elected, if it is so claimed by the petitioner or any of the respondents and the Tribunal is \nsatisfied that the petitioner or such other contesting candidate was entitled to be declared elected.  \n70. Ground for declaring election as a whole void.--The Tribunal shall declare the election as a whole to \nbe void if it is satisfied that the result of the election has been materially affected by reason of  \n(a) the failure of any person to comply with the provisions of the Act or the rules; or  \n(b) the prevalence of extensive corrupt or illegal practice at the election.  \n\n71. Decision in case of equality of votes.--(1) Where, after the conclusion of the trial, it appears that there \nis an equality of votes between two or more contesting candidates and the addition of one vote for one \nsuch candidate would entitle him to be declared elected, the Tribunal shall draw a lot in respect of such \ncandidates and the candidate on whom the lot falls shall be deemed to have received the highest number \nof votes entitling him to be declared elected.  \n(2) Before proceeding to draw a lot under sub-section (1),the Tribunal shall give notice to the contesting \ncandidates between whom there is an equality of votes and shall proceed to draw a lot on the day and at \nthe time and place stated in the notice:  \nProvided that, if the contesting candidates are present when it appears that there is an equality of votes \nbetween them, the Tribunal may proceed forthwith to draw a lot without giving notice as aforesaid.  \n72. Other provisions relating to Tribunal.--(1)An order of the Tribunal under section 67 shall take effect on \nthe date on which it is made and shall be communicated to the Commissioner who shall publish it in the \nofficial Gazette.  \n(2) The Tribunal shall after an election petition has been disposed of, forward the record thereof to the \nCommissioner who shall retain it for a period of five years from the date of its receipt and shall thereafter \ncause it to be destroyed.  \n73. Withdrawal of petition.--(1)An election petition may be withdrawn-  \n(a) before the Tribunal has been appointed, by leave of the Commissioner; and  \n(b) after a Tribunal has been appointed, by leave by the Tribunal.  \n(2) Where leave is granted by the Tribunal, the petitioner shall be ordered to pay the costs incurred by the \nrespondents to the election petition or such portion thereof as the Tribunal may direct.  \n74. Abatement on death of petitioner.--(1) An election petition shall abate on the death of a sole petitioner \nor of the sole survivor of several petitioners.  \n(2) Where a petition abates under sub-section (1)after a Tribunal has been appointed, notice of the \nabatement shall be given by the Tribunal to the Commissioner.  \n75. Death or withdrawal of respondent.--If, before the conclusion of the trial of an election petition, a \nrespondent dies or gives notice in the prescribed form that he does not intend to contest the petition, and \nno respondent remains to contest the petition, the Tribunal shall, without any further hearing, or after \ngiving such person as it may think fit an opportunity of being heard, decide the case ex-parte.  \n76. Failure of petitioner to appear.--Where, at any stage of the trial of an election petition, no petitioner \nmakes an appearance, the Tribunal may dismiss the petition for default, and make such order as to costs \nas it may think fit.  \n32[76A. Additional powers of Election Tribunal.-(1)If an Election Tribunal, on the basis of any material \ncoming to its knowledge from any source or information laid before it, is of the opinion that a returned \ncandidate was a defaulter of loan, taxes, government dues or utility charges, or has submitted a false or \nincorrect declaration regarding payment of loans, taxes, government dues or utility charges, or has \nsubmitted a false or incorrect statement of assets and liabilities of his own, his spouse or his dependents \nunder section 12, it may, on its own motion or otherwise, call upon such candidate to show cause why his \nelection should not be declared void and, if it is satisfied that such candidate is a defaulter or has \nsubmitted false or incorrect declaration or statement, as aforesaid, it may, without prejudice to any order \nthat may be, or has been made on an election petition, or any other punishment, penalty or liability which \nsuch candidate may have incurred under this Act or under any other law for the time being in force, make \nan order  \n(a) declaring the election of the returned candidate to be void ;and  \n(b) declaring any other contesting candidate to have been duly elected.  \n(2) If on examining the material or information referred to in sub-section (1),an Election Tribunal finds that \nthere appear reasonable grounds for believing that a returned candidate is a defaulter or has submitted a \nfalse or incorrect declaration referred to in sub-section (1) it may, pending decision of the motion under \nsubsection (1),direct that the result of the returned candidate shall not be published in the official Gazette.  \n\n(3) No order under sub-section (1)or sub-section (2)shall be made unless the returned candidate is \nprovided an apportunity of, being heard.]  \n77. Order as to costs.--(1)The Tribunal shall when making an order under section 67,also make an order \ndetermining in its discretion the costs and specifying the persons by and to whom such costs are to be \npaid.  \n(2) If, in any order as to costs under sub-section (1)there is a direction for the payment of costs by any \nparty to any person, such costs shall, if they have not already, been paid, be payable in full and shall, \nupon application in writing in that behalf made to the Tribunal within six months of the order by the person \nto whom costs have been awarded, be paid, as far as possible, out of the security for costs deposited by \nsuch party.  \n(3) Where no costs have been awarded against a party who has deposited security for costs, or where no \napplication for payment of costs has been made within the aforesaid six months, or where a residue \nremains after costs have been paid out of the security, such security or the residue thereof, as the case \nmay be, shall, upon application in writing therefor by the person who made the deposit or by his ' legal \nrepresentative, be returned by the Tribunal to the person making the application.  \n(4) Any order for costs maybe enforced upon application in writing made to the principal civil court of \noriginal jurisdiction of the district in which the person from whom the costs arc to be recovered resides or \nowns property, or of the district in which the constituency, or any part of the constituency, to which the \ndisputed election relates is situate., as if such order were a decree passed by that court:  \nProvided that no proceeding shall be brought under this sub-section except in respect of costs which \nhave not been recovered by an application under subsection (2).  \n \n \nCHAPTER VIII OFFENCE, PENALTY AND PROCEDURE \n78. Corrupt practice.--A person is guilty of corrupt practice if he  \n33[(1). contravenes the provisions of section 49;]  \n(2) is guilty of bribery, personation or undue influence;  \n(3) makes or publishes a false statement  \n34[or submits false or incorrect declaration in any particular material ]  \n(a) concerning the personal character of a candidate or any of his relation calculated to adversely affect \nthe election of such candidate or for the purpose of promoting or procuring the election of another \ncandidate, unless he proves that he had reasonable grounds for believing, and did believe, the statement \nto be true;  \n(b) relating to the symbol of a candidate whether or not such symbol has been allocated to such \ncandidate; 35[**]  \n(c) regarding the withdrawal of a candidate; 34[or ]  \n34[(d) in respect of his educational qualifications, assets and liabilities, or any liability with regard to \npayment of loans or adherence to party affiliation specified in sub-section (2) of section 12.].  \n(4) calls upon or persuades any person to vote, or to refrain from voting, for any candidate on the ground \nthat he belongs to a particular religion, province, community, race, caste, bradari, sect or tribe;  \n(5) knowingly, in order to support or oppose a candidate, lends, employs, hires, borrows or uses any \nvehicle or vessel for the purposes of conveying to or from the polling station any elector except himself \nand members of his immediate family; or  \n(6) causes or attempts to cause any person present and waiting to vote at the polling station to depart \nwithout voting.  \n79. Bribery.--A person is guilty of bribery, if he, directly or indirectly, by himself or by any other person on \nhis behalf--  \n\n(1) receives or agrees to receive or contracts for any gratification for voting or refraining from voting, or for \nbeing or refraining from being a candidate at, or for withdrawing from, an election;  \n(2), gives, offers or promises any gratification to any person  \n(a) for the purpose of inducing  \n(i) a person to be, or to refrain from being, a candidate at an election;  \n(ii) an elector to vote, or refrain from voting, at an election; or  \n(iii) a candidate to withdraw from an election; or  \n(b) for the purpose of rewarding  \n(i) a person for having been, or for having refrained from being, a candidate at an election;  \n(ii) an elector for having voted or refrained from voting at an election; or  \n(iii) a candidate for having withdrawn from an election.  \nExplanation.-In this section, \"gratification \" includes a gratification in money or estimable in money and all \nforms of entertainment or employment.  \n80. Personation,-A person is guilty of personation, if he votes, or applies for a ballot paper for voting,as \nsome other person whether that other person is living or dead or fictitious.  \n80A.Penalty for adversely affecting the interests of candidate.--Whoever, as a proposer, or in a fictitious \nname as a proposer, wilfully does any act which he is prohibited by law from doing, or omits to do any act \nwhich he is required by law to do, or makes any entry in a nomination form which is not correct, or \nsubscribes to a nomination form a signature which is not genuine, and thereby adversely affects the \ninterests of any person as a candidate, shall be punishable with imprisonment for a term which may \nextend to six months, or with fine which may extend to five thousand rupees, or with both.  \n81. Undue influence.-A person is guilty of undue influence, if he-  \n(1) in order to induce or compel any person to vote or refrain from voting, or to offer himself as a \ncandidate, or to withdraw his candidature, at an election, directly or indirectly, by himself or by any other \nperson on his behalf  \n(a) makes or threatens to make use of any force, violence or restraint;  \n(b) inflicts or threatens to inflict any injury, damage, harm or loss;  \n(c) calls down or threatens to call down divine displeasure or the displeasure or disapprobation of any \nsaint or pir;  \n(d) gives or threatens to give any religious sentence;  \n(e) uses any official influence or governmental patronage; or  \n(f) maligns the Armed Forces of Pakistan.  \n(2) on account of any person having voted or refrained from voting, or having offered himself as candidate \nor having withdrawn his candidature, does any of the acts specified in clause (1);or  \n(3) directly or indirectly, by himself or by any other person on his behalf,  \n(a) uses any place of religious worship, or any place reserved for the performance of religious rites, for \nthe purpose of canvassing for votes or for persuading electors to vote, or not to vote, at an election or for \na particular candidate; or  \n(b) for any of the purposes specified in sub-clause (a),by words, spoken or written, or by signs or visible \nrepresentation, publishes anything or does any act prejudicial to the glory of Islam or the integrity, security \nor defence of Pakistan or any part thereof; or  \n(4) by abduction, duress or any fraudulent device or contrivance,  \n(a) impedes or prevents the free exercise of the franchise by an elector; or  \n\n(b) compels, induces or prevails upon any elector to vote or refrain from voting.  \nExplanation.-In this section, \"harm\" includes social ostracism or excommunication or expulsion from any \ncaste or community.  \n82. Penalty for corrupt practice.--Any person guilty of corrupt practice shall be punishable with \nimprisonment for a term which may extend to three years, or with fine which may extend to five thousand \nrupees, or with both.  \n36[82A.Capturing of polling station and polling both, etc:-Whoever-  \n(a) seizes of polling station or a place fixed for the poll or makes polling authorities surrender the ballot \npapers or ballot box or both and doing of any other act which affects the orderly conduct of elections;  \n(b) takes possession of a polling station or a place for the poll and allows his supporters to exercise their \nright to vote and prevent others from free exercise of their right to vote;  \n(c) coeres, intimidates or threatens directly or indirectly any elector and prevents him from going to the \npolling station or a place fixed for the cast of his vote; or  \n(d) being in the service of Government or corporations or institutions controlled by the Government of all \nor any of the aforesaid activities or aids or connives at, any such activity in the furtherance of the \nprospects of the election of a candidate,  \nshall be guilty of any offence punishable with imprisonment for a term which shall not be less than three \nyears and may extend to five years and with fine which shall not be less than fifty thousand rupees and \nmay extend to one hundred thousand rupees or with both.]  \n83. Illegal practice.--(1) A person is guilty of illegal practice if he  \n37[(a) fails to comply with the provisions of section 50;]  \n(b) obtains or procures or attempts to obtain or procure, the assistance of any person in the service of \nPakistan to further or hinder the election of a candidate;  \n(c) votes or applies for a ballot paper for voting at an election knowing that he is not qualified for, or is \ndisqualified from, voting;  \n(d) votes or applies for a ballot paper for voting more than once in the same polling station;  \n(e) votes or applies for a ballot paper for voting in more than one polling station for the same election;  \n(f) removes a ballot paper from a polling station during the poll; or  \n(g) knowingly induces or procures any person to do any of the aforesaid acts.  \n(2) Any person guilty of illegal practice shall be punishable with 38[imprisonment for a term which may \nextend to six months and fine which may extend to five] thousand rupees..  \n39[83 A. Prohibition of affixing hoardings, etc.--(I) No person or apolitical party shall affix posters, \nhoardings or banners larger than the sizes prescribed by the Election Commission-  \nProvided that such posters, hoardings or banners shall not be affixed nor parties flags shall be hoisted on \nany public property or at any public place, except with the permission in writing from, and on payment of \nsuch fee or charges as may be chargeable by, the concerned local government or authorities.  \n(2) Wall-chalking as part of an election campaign is prohibited in all forms.  \n(3) Loudspeakers shall not be used for election campaign except at the election meetings.  \n(4) The Zila Nazim and the Returning Officer shall be responsible for the effective implementation of the \nprovisions of this section.  \n(5) The contravention of the provisions of sub-sections (1),(2)and (3)shall be punishable with \nimprisonment of a term not exceeding one year, or with tine, or with both.]  \n84. Prohibition of public meetings, etc., during certain period.--(1)No person shall convene, hold or attend \nany public meeting, and no person shall promote or join in any procession, within the area of any \n\nconstituency during a period of forty-eight hours ending at midnight following the conclusion of the poll for \nany election in that constituency.  \n(2) Any person who contravenes the provisions of sub-section (1)shall be punishable with rigorous \nimprisonment for a term which may extend to six months, or with fine which may extend to one thousand \nrupees, or with both.  \n85. Prohibition of canvassing in or near polling station.--A person is guilty of an offence punishable with \nfine which may extend to one thousand rupees if he, within a radius of four hundred yards of the polling \nstation, on the polling day-  \n(1) canvasses for votes;  \n(2) solicits the vote of any elector;  \n(3) persuades any elector not to vote at the election or for a particular candidate; or  \n(4) exhibits, except with the permission of the Returning Officer and at a place reserved for the candidate \nor his election agent beyond the radius of one hundred yards of the polling station, any notice, sign, \nbanner or flag designed to encourage the electors to vote or discourage the electors from voting, for any \ncontesting candidate.  \n86. Disorderly conduct near polling station.--A person is guilty of an offence punishable with imprisonment \nfor a term which may extend to three months, or with fine which may extend to one thousand rupees, or \nwith both, if he, on the polling day-  \n(1) uses, in such manner as to be audible within the polling station, any gramophone, magaphone, \nloudspeaker or other apparatus for reproducing or amplifying sounds;  \n(2) persistently shouts in such manner as to be audible within the polling station;  \n(3) does any act which  \n(a) disturbs or causes annoyance to any elector visiting a polling station for the purpose of voting; or  \n(b) interferes with the performance of the duty of a Presiding Officer, Assistant Presiding Officer, Polling \nOfficer or any person performing any duty at a polling station; or.  \n(4) abets the doing of any of the aforesaid acts.  \n86A. Certain offences triable by officers authorised by the Commission.--Notwithstanding anything \ncontained in the Code of Criminal Procedure,1898 (Act V of 1898),an officer for the time being exercising \nthe powers of a civil or criminal court, or an officer of the Armed Forces, or an officer performing a duty in \nconnection with an election, who is authorised by the Commission in this behalf may  \n(a) exercise the powers of a Magistrate of the first class under the said Code in respect of the offences \npunishable under section 80 40[Section 82A] 41[Section 83,] section 84,,section 85,section 86 and \nsection 87;and  \n(b) take cognizance of any such offence under any of the clauses of subsection (1) of section 190 of the \nsaid Code;  \nand shall try any such offence in a summary way in accordance with the provisions of the said Code \nrelating to summary trials.  \n87. Tampering with papers.--(1)Except as provided in subsection (2).a person is guilty of an offence \npunishable with imprisonment for a term which may extend to six months, or with fine which may extend \nto one thousand rupees, or with both, if he  \n(a) intentionally defaces or destroys any nomination paper, ballot paper or official mark on a ballot paper;  \n(b) intentionally takes out of the polling station any ballot paper or puts into any ballot box any ballot paper \nother than the ballot paper he is authorised by law to put in;  \n(c) without due authority,-  \n(i) supplies any ballot paper to any person;  \n\n(ii) destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers in use for \nthe purpose of election; or  \n(iii) breaks any seal affixed in accordance with the provisions of this Act;  \n(d) forges any ballot paper or official mark; or  \n(e) causes any delay or interruption in the beginning, conduct or completion of the procedure required to \nbe immediately carried out on the close of the poll.  \n(2) A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer or any \nother officer or clerk on duty in connection with the election who is guilty of an offence under sub-section \n(1);shall be punishable with imprisonment for a term which may extend to two years, or with fine which \nmay extend to one thousand rupees, or with both.  \n88. Interference with the secrecy of voting.--A person is guilty of an offence punishable with imprisonment \nfor a term which may extend to six months or with fine which may extend to five hundred rupees, or with \nboth if he  \n(a) interferes or attempts to interfere with an elector when he records his vote;  \n(b) in any manner obtains or attempts to obtain in a polling station information as to the candidate for \nwhom an elector is about to vote or has voted; or  \n(c) communicates at any time any information obtained in a polling station as to the candidate for whom \nan elector is about to vote or has voted.  \n89. Failure to maintain secrecy.--A Returning Officer, Assistant Returning Officer, Presiding Officer, \nAssistant Presiding Officer, or polling officer,  \nor any candidate, election agent or polling agent attending a polling station or any person attending at the \ncounting of votes is guilty of an offence punishable with imprisonment for a term which may extend to six \nmonths, or with fine which may extend to one thousand rupees, or with both, if he--  \n(a) fails to maintain or aid in maintaining the secrecy of voting;  \n(b) communicates, except for any purpose authorised by any law to any person before the poll is closed \nany information as to the official marks; or  \n(c) communicates any information obtained at the counting of votes as to the candidate for whom any \nvote is given by any particular ballot paper.  \n90. Officials not to influence voters.--A Returning Officer, Assistant Returning Officer, Presiding Officer, \nAssistant Presiding Officer, Polling Officer or any other officer or clerk performing a duty in connection \nwith an election, or any member of a police force, is guilty of an offence punishable with imprisonment for \na term which may extend to six months, or with fine which may extend to one thousand rupees, or with \nboth, if he, in the conduct or management of an election or maintenance of order at a polling station,-  \n(a) persuades any person to give his vote;  \n(b) dissuades any person from giving his vote;  \n(c) influences in any manner the voting of any person; or  \n(d) does any other act calculated to influence the result of the election.  \n91. Breaches of official duty in connection with election.--A Returning Officer, Assistant Returning Officer, \nPresiding Officer, Assistant Presiding Officer or any other person employed by any such officer in \nconnection with his official duties imposed by or under this Act, is guilty of an offence punishable with \nimprisonment for a term which may extend to two years, or with fine which may extend to one thousand \nrupees or with both, if he, wilfully and without reasonable cause, commits breach of any such official duty, \nby act or omission.  \n\n92. Assistance by Government servant.--A person in the service of Pakistan is guilty of an offence \npunishable with imprisonment for a term which may extend to two year, or with fine which may extend to \ntwo thousand rupees, or with both, if he misuses his official position in a manner calculated to influence \nthe results of the election.  \n93. Certain Powers of a Police Officer.--A Police Officer may  \n(a) arrest without warrant, notwithstanding anything contained in the Code of Criminal Procedure,1898 \n(Act V of 1898),any person-  \n(i) who, commits personation or an offence under section 86 if the Presiding Officer directs him to so \narrest such person;  \n(ii) who, being removed from the polling station by the Presiding Officer under section 32 commits any \noffence at the polling station.  \n(b) remove any notice, sign, banner or flag used in contravention of section 85; and (c) seize any \ninstrument or apparatus used in contravention of section 86 and take such steps, including use of force, \nas may be reasonable necessary for preventing such contravention.  \n94. Certain offences cognizable.--(1)Notwithstanding anything contained in the Code of Criminal \nProcedure,1898,an offence punishable under 42[section 80A ] or section 82 or section 85 or subsection \n(1)of section 87 shall be a cognizable offence.  \n43[(2)Notwithstanding anything contained in this Act or any other law for the time being in force, the \noffences of corrupt practice shall be tried by the Sessions Judge and an appeal against his order shall lie \nbefore a Division Bench of the High Court.  \n(3) Where proceedings against a person for being involved in corrupt practice are initiated on a complaint \nmade by a private individual, and such person is convicted by the court and his conviction is maintained \nin final appeal, the complainant may be entitled to such reward payable out of the amount of fine as may \nbe imposed by the court.  \nProvided that where such complaint proves to be false, malafide or is made for any ulterior motive to \nprovide benefit to another person, the complainant shall be punishable with imprisonment for a term \nwhich may extend to three years, or with fine, or with both.]  \n95. Prosecution of offences by public officers.--(1)No Court shall take cognizance of an offence \npunishable under sub-section (2)of section 87,section 89,section 90,section 91 or section 92 except upon \na complaint in writing made by order of or under authority from, the Commission or the Commissioner.  \n(2) The Commission or the Commissioner shall, if it or he has reason to believe that any offence specified \nin sub-section (1)has been committed, cause such enquiries to be made or prosecution to be instituted as \nit or he may think fit.  \n(3) An offence specified in sub-section (1) shall be exclusively triable by the Court of Session within the \nJurisdiction of which the offence is committed.  \n(4) In respect of an offence specified in sub-section (1),section 494 of the Code of Criminal \nProcedure,1898 (Act V of 1898),shall have effect as if, after the word and comma \"may,\" therein, the \nwords \"if so directed by the Chief Election Commissioner and \" were inserted.  \n96. Court proceedings relating to election expenses.--The Commission shall direct the Returning Officer \nto launch proceedings in the appropriate court against persons who contravene the provisions of section \n49 or fails to comply with the provisions of section 50.  \n97. Court to report convictions to the Commission.--A Court convicting any person for an offence \npunishable under this Chapter, other than corrupt practice, shall send a report to the Commission of such \nconviction together with its recommendations, if any, considering the special circumstances of any case, \nfor the mitigation or remission of any disqualification incurred by such person under this Act.  \n98. Punishment under this Chapter not in derogation of any other liability.-Any punishment imposed on \nany person for an offence punishable under this Chapter shall be in addition to, and not in derogation of, \nany liability incurred by such person under any other provision of this Act.  \n\n \nCHAPTER IX DISQUALIFICATIONS \n99. Qualifications and disqualifications.--(1)A person shall not be qualified to be elected or chosen as a \nmember of an Assembly unless  \n(a) he is a citizen of Pakistan;  \n44[(b) he is, in the case of National Assembly, not less than twenty-five years of age and is enrolled as a \nvoter in any electoral roll:  \n(i) in any part of Pakistan, for election to a general seat and minority seat; and  \n(ii) in a Province, from where such person seeks membership for election to a seat reserved for women];  \n(c) he is, in the case of Provincial Assembly, not less than twenty-five years of age and is enrolled as a \nvoter in any electoral roll [as a voter in any area in a Province from where he seeks membership for ] that \nAssembly;  \n45[(cc) he is at least a graduate, possesses a bachelor 's degree in any discipline or any degree \nrecognized as equivalent thereto by the University Grants Commission under the University Grants \nCommission Act,1974 (XXIII of 1974),or any other law for the time being in force;]  \n(d) he is of good character and is not commonly known as one who violates Islamic Injunctions ;  \n(e) he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam \nas well as abstains from major sins ;  \n(f) he is sagacious, righteous and non-profligate and honest and ameen ;  \n(g) he has not been convicted for a crime involving moral turpitude or for giving false evidence; and  \n(h) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed \nthe ideology of Pakistan:  \nProvided that the disqualifications specified in clauses (d)and (e)shall not apply to a person who is a non-\nMuslim, but such a person shall have good moral reputation.  \n(IA) A person shall be disqualified from being elected as, and from being, a member of an Assembly, if  \n(a) he is of unsound mind and has been so declared by a competent court; or  \n(b) he is an un-discharged insolvent; or  \n(c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or  \n(d) he holds an office of profit in the service of Pakistan other than an office declared by law not to \ndisqualify its holder; or  \n(e) he is in the service of any statutory body or any body which is owned or controlled by the Government \nor in which the Government has a controlling share or interest; or  \n(f) being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act,1951(11 of 1951),he \nis for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected \nas a member of the Legislative Assembly of Azad Jammu and Kashmir; or  \n(g) he is propagating any opinion, or acting in any manner, prejudicial to the Ideology of Pakistan, or the \nsovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the \nintegrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary \nor the Armed Forces of Pakistan, or  \n46[(h)has been convicted by a court of competent jurisdiction on a charge of corrupt practice, moral \nturpitude or misuse of power or authority under any law for the time being in force; or  \n(i) has been dismissed from the service of Pakistan or service of a corporation or office set up or \ncontrolled by the Federal Government, Provincial Government or a local government on grounds of \nmisconduct or moral turpitude; or  \n\n(j) has been removed or compulsorily retired from the service of Pakistan or service of a corporation or \noffice set up or controlled by the Federal Government, Provincial Government or a local government on \ngrounds of misconduct or moral turpitude; or ]  \n(k) he has been in the service of Pakistan or of any statutory body or any body which is owned or \ncontrolled by the Government or in which the Government has a controlling share or interest, unless a \nperiod of two years has elapsed since he ceased to be in such service; or  \n(l) he is found guilty of a corrupt or illegal practice under any law for the time being in force, unless a \nperiod of five years has elapsed from the date on which that order takes effect; or  \n(m) he has been convicted under section 7 of the Political Parties Act,1962 (III of 1962),unless a period of \nfive years has elapsed from the date of such conviction; or  \n(n) he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his \naccount or as a member of a Hindu undivided family has any share or interest in a contract, not being a \ncontract between a cooperative society and Government, for the supply of goods to, or for the execution \nof any contract or for the performance of any service undertaken by, Government Provided that the \ndisqualification under this clause shall not apply to a person  \n(i) where the share or interest in the contract devolves on him by inheritance or succession or as a \nlegatee, executor or administrator, until the expiration of six months after it has so devolved on him;  \n(ii) where the contract has been entered into by or on behalf of a public company as defined in the \nCompanies Ordinance,1984 (XLV II of 1984),of which he is a shareholder but is not a director holding an \noffice of profit under the company; or  \n(iii) where he is a member of a Hindu undivided family and the contract has been entered into by any \nother member of that family in the course of carrying on a separate business in which he has no share or \ninterest; or  \nExplanation.-In this section \"goods \" does not include agricultural produce or commodity grown or \nproduced by him or such goods as he is, under any directive of Government or any law for the time being \nin force, under a duty or obligation to supply;  \n(o) he holds any office of profit in the service of Pakistan other than the following offices, namely:  \n(i) an office which is not whole time office remunerated either by salary or by fee;  \n(ii) the office of Lumbardar, whether called by this or any other title;.  \n(iii) the Qaumi Razakars;  \n(iv) any office the holder whereof, by virtue of such office, is liable to be called up for military training or \nmilitary service under any law providing for the constitution or raising of a Force; or  \n(p) having, whether by himself or by any person in trust for him or for his benefit or on his account, any \nshare or interest in a contract for  \n(i) the supply of goods to, or  \n(ii) the execution of any work, or the performance of any service, undertaken by, the Government, or a \nlocal authority or an autonomous body in which the Government has a controlling share or interest, he \ndoes not, after his election as a member but within thirty days of his making oath as such make a \ndeclaration in writing to the Commission that he has such share or interest, unless a period of five years \nhas elapsed since his failure to do so; or  \n(q) being a managing agent, manager or secretary of, or holding any other office carrying the right to \nremuneration in, any company or corporation (other than a cooperative society)in the capital of which the \nGovernment has not less than twenty-five per cent share or which is managed by the Government, he \ndoes not, after his election as a member but within thirty days of his making oath as such, make a \ndeclaration in writing to the Commissioner that he is such managing agent, manager or secretary, or \nholds such office, unless a period of five years has elapsed since his failure to do so; or  \n47[(r) has been convicted and sentenced to imprisonment for having absconded by a competent court \nunder any law for the time being in force ;or  \n\n(s) has obtained a loan for an amount of two million rupees or more, from any bank, financial institution, \ncooperative society or cooperative body in his own name or in the name of his spouse or any of his \ndependents, which remains unpaid for more than one year from the due date, or has had such loan \nwritten off; or  \n(t) he or his spouse or any of his dependents is in default in payment of government dues or utility \nexpenses, including telephone, electricity, gas and water charges of an amount in excess of ten thousand \nrupees, for over six months, at the time of filing of nomination papers of such person.]  \nExplanation l.-In this sub-section, service of Pakistan has the same meaning as in Article 260.  \n(2) If a person, having been elected to an Assembly as a candidate or nominee of a political party, \nwithdraws himself from that party, he shall, from the date of such withdrawal, be disqualified from being a \nmember of the Assembly for the unexpired period of his term unless he has been re-elected at a bye \nelection held after his disqualification.  \n100. Disqualification on account of certain offences.--(1)where a person has been convicted for having \nexceeded the limit of election expenses laid down by section 49 or having failed to file the return of \nelection expenses in accordance with section 50 or for any other offence under this Act, or has been \nfound guilty of any corrupt or illegal practice by a Tribunal, he shall, if the Commissioner makes an order \nto that effect, be disqualified, for such period not exceeding five years as may be specified in the order \nfrom being or being elected as, a member of an Assembly.  \n(2) Where a person has been convicted for an offence punishable under section 171 J of the Pakistan \nPenal Code (Act XLV of 1860),he shall be disqualified for a period of seven years from being, or being \nelected as, a member of an Assembly.  \n101. Disqualifications for being election agent.--Any person who is for any period disqualified under \nsection 100 for being, or being elected as, a member of an Assembly shall also stand disqualified for that \nperiod for being appointed as an election agent.  \n102. 48[****] Omitted.  \n \nCHAPTER X MISCELLANEOUS \n103. Commission to ensure fair election, etc.-Save as otherwise provided, the Commission may  \n(a) stop the polls at any stage of the election if it is convinced that it shall not be able to ensure the \nconduct of the election justly, fairly and in accordance with law due to large scale malpractices, including \ncoercion, intimidation and pressures, prevailing at the election:  \n(b) review an order passed by an officer under this Act or the rules, including rejection of a ballot paper; \nand  \n(c) issue such instructions and exercise such powers, and make such consequential orders, as may in its \nopinion, be necessary for ensuring that an election is conducted honestly, justly and fairly, and in \naccordance with the provisions of this Act and the rules.  \n103A. Power of Commission to punish for contempt.--The Commission shall have the same power as the \nHigh Court has to punish any person for contempt of court and the Contempt of Court Act,1976 (XLIV of \n1976),shall have effect accordingly as if reference therein to a \"court \" and to a \"judge \" were a reference, \nrespectively, to the \"Commission\" and the Commissioner or, as the case may be, a member of the \nCommission.  \n\n103AA. Power of Commission to declare a poll void.--(1) Notwithstanding anything contained in this Act, \nif, from facts apparent on the face of the record and after such summary inquiry as it may deem \nnecessary, the Commission is satisfied that, by reason of grave illegalities or violation of the provisions of \nthis Act or the rules, the poll in any constituency ought to be declared void, the Commission may make a \ndeclaration accordingly and, by notification in the official Gazette, call upon that constituency to elect a \nmember in the manner provided for in section 108.  \n(2) Notwithstanding the publication of the name of a returned candidate under sub-section(4)of section \n42,the Commission may exercise the powers conferred on it by sub-section (1)before the expiration of \nsixty days after such publication; and, where the Commission does not finally dispose of a case within the \nsaid period, the election of the returned candidate shall be deemed to have become final, subject to a \ndecision of a Tribunal.  \n(3) While exercising the powers conferred on it by sub-section (1),the Commission shall be deemed to be \na Tribunal to which an election petition has been presented and shall, notwithstanding anything contained \nin Chapter VII, regulate its own procedure.  \n103B. 49[****] Omitted.  \n104. Directions of Commission in certain matters.--Anything required to be done for carrying out the \npurpose of this Act, for which no provision or no sufficient provision exists shall be done by such authority \nand in such manner as the Commission may direct.  \n105. Jurisdiction of courts barred.--No court shall question the legality of any action taken in good faith by \nor under the authority of the Commission, the Commissioner, a Returning Officer, Presiding Officer or an \nAssistant Presiding Officer or any decision given by any of them or any other officer or authority \nappointed under this Act or the rules.  \n106. Protection of action taken in good faith.--No suit, prosecution or other legal proceeding shall lie \nagainst the Commission, the Commissioner or any officer or other person in respect of anything which is \nin good faith done or intended to be done under or in pursuance of this Act or of any rule or order made or \nany direction given there under.  \n107. Power to make rules.--The Commission may with the approval of the President, make rules for \ncarrying out the purposes of this Act.  \n108. Bye-elections, etc.--(1)When the seat of a member becomes vacant, the Commissioner shall, by \nnotification in the official Gazette, call upon the constituency concerned to elect a person to fill the seat for \nsuch constituency before such date as may be specified in the notification, and thereupon the provisions \nof this Act and the rules shall apply, as far as may be to the election to fill such seat:  \nProvided that, notwithstanding anything contained in subsection '(1)of section 11,the days for the several \nstages of an election shall be such as may be specified in the aforesaid notification.  \n(2) For the purpose of holding an election to fill a casual vacancy in an Assembly, and, during the period \nwhen a Commission does not stand constituted for the purpose of section 107,reference in this Act to the \nCommission shall be construed as reference to the Commissioner.  \n109. Repeal.--The National and Provincial Assemblies (Election)Ordinance,1970 (XIII of 1970)and the \nNational and Provincial Assemblies (Elections to Reserved Seats) Act,1976 (XVIII of 1976),are hereby \nrepealed in their application to the elections to which this Act applies.  \n\nFootnotes ------------------------------------------------------------------------------------------------------------------------ 1. \nSection 2 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \nsubstituted sub-section 4 of section 8 of the Act, in its present form, (w.e.f July 31,2002).  \n2. Section 3 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), also \ninserted the said words in section 9 of the Act, (w.e.f July 31,2002).  \n3-4. Section 4 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \ninserted the said words in section 11 of the Act, (w.e.f July 31,2002).  \n5. Section 3(b) of the Representation of the People (Amendment) Act, 1991, omitted clause (c) of section \n11 of the Act, (w.e.f June 18,1991).  \n6.Section 4 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), inserted \nthe said word in clause (e) of section 11 of the Act, (w.e.f July 31,2002).  \n7. Section 5 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \nsubstituted sub-section 2 of section 12 of the Act, in its present form, (w.e.f July 31,2002).  \n8. Section 2 of the Representation of the People (Third Amendment) Ordinance, 2002, (XXVIII of 2002), \nomitted paragraph (b) of sub section (2) of section 12 of the Act,(w.e.f July 10,2002).  \n9.Section 2 of the Representation of the People (Fourth Amendment) Ordinance, 1985 (VIII of 1985), \nomitted sub section (5) of section 12 of the Act, (w.e.f. January 20,1985).  \n10.Section 5 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), added \nsub section 8 to section 12 of the Act, (w.e.f July 31,2002).  \n11. Section 6 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \ninserted the said words in sub section (1) of section 14 of the Act, and added the proviso thereto,(w.e.f. \nJuly 31,2002).  \n12. Section 6 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \ninserted the said words in sub section (1)of section 14 of the Act, and added the proviso thereto,(w.e.f. \nJuly 31,2002).  \n13. Section 6 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \ninserted the said words after the word \"objection \" in sub section (3) to section 14 of the Act and after \nwords \"complied with \" in clause (c) of the said sub section, (w.e.f. July 31,2002).  \n14. Section 6 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), added \nclause (1a) to sub section (3) of section 14 of the Act,(w.e.f. July 31,2002).  \n15. Section 6 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), also \ninserted sub section (3A) in section 14 of the Act, (w.e.f. July 31,2002).  \n16. Section 6 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \ninserted sub section (5A) in section 14 of the Act, (w.e.f. July 31,2002).  \n17. Section 8 of the Representation of the People (Amendment) Ordinance, 1985 (II of 1985), omitted \nsection 14A of the Act, (w.e.f. January 12,1985).  \n\n18. Section 3 of the Representation of the People (Third Amendment) Ordinance, 2002, inserted section \n20A in the Act, (w.e.f. August 22,2002).  \n19. Section 3 of the Representation of the People (Amendment) Ordinance, 1984 (XLIX of 1984), omitted \nsub section (3) of section 21 of the Act,(w.e.f. October 27,1984).  \n20. Section 3 of the Representation of the People (Amendment) Ordinance, 1984 (XLIX of 1984), omitted \nsub section (4) of section 21 of the Act,(w.e.f. October 27,1984).  \n21. Section 9 of the Representation of the People (Amendment) Act, 1991 (IX of 1991), omitted the \nproviso to sub section (1) of section 23 of the Act, (w.e.f. June 18,1991).  \n22. Section 10 of the Representation of the People (Amendment) Act, 1991 (IX of 1991), inserted the said \nwords in sub section (1) of section 33 of the Act,(w.e.f. June 18,1991).  \n23. Section 10 of the Representation of the People (Amendment) Act, 1991 (IX of 1991), omitted clause \n(a) of sub section (2) of section 33 of the Act, (w.e.f. June 18,1991).  \n24. Section 7 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \ninserted the said words in clause (a) of sub section (3) to section 33 of the Act, (w.e.f. July 31,2002).  \n25. Section 7 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \nomitted clause (b) of sub section (3) of section 33 of the Act, (w.e.f. July 31,2002).  \n26. Section 8 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \ninserted sub section (3A) in section 42 of the Act, (w.e.f. July 31,2002).  \n27. Section 8 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \ninserted the proviso to sub section (4) to section 42 of the Act, (w.e.f. July 31,2002).  \n28. Section 9 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \ninserted section 42A in the Act, (w.e.f. July 31,2002).  \n29. Section 10 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \nsubstituted Chapter V-A, (i.e. section 47A) of the Act, (w.e.f. July 31,2002).  \n30. Section 11 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \nadded sections 48,49,50 and 51 to the Act,(w.e.f. July 31,2002).  \n31. Section 12 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \ninserted sub section (1A) in section 67 of the Act, (w.e.f. July 31,2002).  \n32. Section 13 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \nadded section 76A to the Act, (w.e.f. July 31,2002).  \n33. Section 14 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \ninserted clause (1) in section 78 of the Act, (w.e.f. July 31,2002).  \n34. Section 14 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \nadded the said words at the end of sub section (3) of section 78 of the Act and added the said word at the \nend of clause (c) and a new clause (d) thereto, (w.e.f. July 31,2002).  \n\n35. Section 14 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \nomitted the word \"or \" at the end of clause (b) of sub section (3) of section 78 of the Act, (w.e.f. July \n31,2002).  \n36. Section 4 of the Representation of the People (Third Amendment) Ordinance, 2002, (XLV of 2002), \ninserted section 82A, in the Act, (w.e.f. August 22, 2002).  \n37. Section 15 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \ninserted clause (a) in sub section (1) of section 83 of the Act, (w.e.f. July 31,2002).  \n38. Section 15 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \ninserted the said words in sub section (2) of section 83 of the Act, (w.e.f. July 31,2002).  \n39. Section 16 of the Representation of the People (Amendment)Ordinance,2002 (XXXVI of \n2002),inserted section 83A to the Act,(w.e.f. July 31,2002).  \n40. Section 5 of the Representation of the People (Third Amendment) Ordinance, 2002 (XLV of \n2002),inserted the said word and figure in paragraph (a)of section 86A of the Act,(w.e.f. August 22,2002).  \n41. Section 17 of the Representation of the People (Amendment)Ordinance,2002 (XXXVI of \n2002),inserted the said word figure and comma in paragraph (a)of section 86A of the Act,(w.e.f. July \n31,2002).  \n42. Section 6 of the Representation of the People (Third Amendment) Ordinance, 2002 (XLV of 2002), \ninserted the said word and figure in sub section (1)of section 94 of the Act,(w.e.f. August 22,2002).  \n43. Section 18 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \ninserted sub sections (2)and (3)in section 94 of the Act,(w.e.f. July 31,2002).  \n44. Section 19 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \nsubstituted clause (b) of sub section (1) of section 99 of the Act, (w.e.f. July 31,2002).  \n45. Section 19 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \ninserted clause (cc) in sub section (1) of section 99 of the Act, (w.e.f. July 31,2002)  \n46. Section 19 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \nsubstituted clauses (h), (i) and (j) of sub section (1A) of section 99 of the Act, (w.e.f. July 31,2002).  \n47. Section 19 of the Representation of the People (Amendment) Ordinance, 2002 (XXXVI of 2002), \nsubstituted semi colon and word \"or \", in place of the full stop, at the end of clause (q) of sub section (1A) \nof section 99 and added clauses (r), (s) and (t) thereto, (w.e.f. July 31,2002).  \n48. Section 24 of the of the Representation of the People (Amendment) Act, 1991, omitted section 102 to \nthe Act, (w.e.f. June 18,1991).  \n49. Section 3 of the Representation of the People (Second Amendment) Ordinance,(XV of 1977) inserted \nsection 103B in the Act,(w.e.f. March 21,1977). Thereafter section 3 of the Representation of the People \n(Third Amendment) Ordinance, 1977 (XVI of 1977), added sub section 3 thereto,(w.e.f. March 30,1977). \nBy Notification P.O. No. F 24(8)/72-Pub.,the Representation of the People (Second \nAmendment)Ordinance,1977 was withdrawn. As a  \nconsequence of the withdrawal of the said Ordinance section 103B was omitted,(w.e.f. May 12,1977). \n",
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