THE REPRESENTATION OF THE PEOPLE
(CONDUCT OF ELECTION)RULES,1977
S.R.O.18 (I)/77
January 9,1977
CHAPTER I
PRELIMINARY
1.
Short title and commencement.--These rules may
be called the Representation of the People (Conduct of Election)Rules,1977.
(2)
They shall come into force at once.
2.
Definitions.--In these rules, unless there is anything
repugnant in the subject or context,
(a)
"Act " means the Representation of the People Act,,1976
(LXXXV of 1976);
(b)
"Article " means Article of the Constitution;;
(c)
"Form " means a form appended to these rules and includes
a translation thereof into any language as may be approved by the
Commission;
(d)
"publish ",with its grammatical variations, includes exhibition
at a place accessible to the public;
(e)
"section " means section of the Act; and
(f)
"voter ",in relation to a seat reserved for women
(i)
in the National Assembly, means a member elected to a seat in that
Assembly from the Province to which the seat relates;
(ii)
in a Provincial Assembly, means a member elected to a seat in that
Assembly; and, for the purpose of an election to fill a casual vacancy
in a seat reserved for women in an Assembly, includes, in the case
of the National Assembly a member elected to a seat reserved as
aforesaid from the Province to which the seat the vacancy in which
is to be filled relates and in the case of a Provincial Assembly,
a member elected to a seat reserved in that Assembly for women.
CHAPTER
II
CONDUCT OF ELECTIONS TO THE MUSLIM SEATS
4.
Security deposits for nomination.--(1)The Returning Officer
shall maintain a register in Form II in which he shall enter the
particulars of every cash deposit made to him under section 13 or
of the bank draft accompanying a nomination paper.
(2)
Receipt of a cash deposit or of a bank draft, as the case may be
by the Returning Officer shall be acknowledged in Form III and the
amount received in cash or through bank draft shall be deposited
by him at a Government Treasury or Sub-Treasury.
(3)
The Head of account for the purpose of deposit at a branch of the
State Bank of Pakistan or the National Bank of Pakistan or at a
Government Treasury or Sub-Treasury shall 3000000-Deposits and Reserves-B-Not
Bearing Interest-3500000-Departmental and Judicial Deposits-3501000-Civil
Deposits-3501010-Deposits in connection with Elections.
(4)
The return of a deposit which is required to be refunded under subsection
(1) of section 43 shall be authorised under the seal and signature
of the Returning Officer.
5.
Appeal against acceptance or rejection of nomination by
the Returning Officer.--(1)An appeal under sub-section
(5)of section 14 may be presented by the candidate himself or by
an elector who has filed an objection to the nomination of a candidate
or by person authorised in this behalf in writing by the candidate
or, as the case may be, such elector.
(2)
The appeal shall be addressed to the Tribunal constituted for the
constituency to which the nomination relates.
(3)
An appeal shall be in the form of a memorandum which shall state
the date of acceptance or rejection of the nomination and the grounds
of appeal and shall be accompanied by a certified copy of the order
3 [accepting or ] rejecting the nomination..
(4)
The memorandum of appeal shall be submitted in quadruplicate.
(5)
1[****] Omitted.
(6)
If the appeal is allowed, the Returning Officer shall revise the
list of validly nominated candidates accordingly.
6.
List of validly nominated candidates.--(1)The list
of validly nominated candidates prepared under section 15 shall
be drawn up in Form IV soon after the scrutiny of the nomination
papers.
(2)
The Returning Officer shall publish a copy of the list of validly
nominated candidates at some conspicuous place in his office.
--------------------------------------------------------------------------------------------------------
1.Notification of Election Commission of Pakistan No.F.1(10)/84,omitted
sub rule 5 of rule 5 of the Rules (w.e.f. January 20,1985).
(3) In the case of acceptance of an appeal filed
under sub-section (5)of section 14, the Returning Officer shall
revise the list of validly nominated candidates in accordance with
the decision in the appeal and shall publish the list so revised
at some conspicuous place in his office.
(4) A copy of the list referred to in sub-rule
(1)and also a copy of the list as revised, if any, under sub-rule
(3)shall be furnished by the Returning Officer to the Provincial
Election Commissioner of the Province concerned and to the Commission.
7. List of contesting candidates.--(1)The list
of contesting candidates prepared under sub-section (4)of section
16 shall be drawn up in Form V.
(2) The names on the list shall be entered in Urdu,
in the alphabetical order indicating against the name of each contesting
candidate the symbol allocated to him.
(3) The Returning Officer shall publish the list
of contesting candidates at some conspicuous place in his office
and furnish a copy thereof to the Provincial Election Commissioner
of the Province concerned and the Commission and also to each of
the contesting candidates.
8. Declaration of results after scrutiny.--The
result of an uncontested election shall not be declared under subsection
(1)of section 20 unless the Returning Officer has ascertained in
writing from the Commission that no appeal has been filed against
the rejection of any nomination paper or that, if an appeal has
been filed, no nomination rejected by the Returning Officer has
been accepted on such appeal.
9. Symbol.--(1)A candidate may be allocated under
subsection (1)of section 21 any one of the following symbols, namely:
| 1. Arrow |
7. Bottle |
| 2. Axe |
8. Bowl |
| 3. Bat |
9. Bridge |
| 4. Bell |
10. Book |
| 5. Bicycle |
11. Bursh |
| 6. Boat |
12. Bucket |
| ---------------------------------- |
| 13.Bulb |
44. Inkpot with pen |
| 14.Bunch of Grapes |
45. Iron |
| 15.Bus |
46. Jug |
| 16.Butterfly |
47. Kite |
| 17.Candle |
48. Knife |
| 18.Car |
49. Trowel (Krandi) |
| 19.Cap |
50. Ladder |
| 20.Chiragh (Lamp) |
51. Lantern |
| 21.Chair |
52. Letter Box |
| 22.Charpai |
53. Lock |
| 23.Clock. |
54. Lota |
| 24.Coat |
55. Loudspeaker |
| 25.Comb |
56. Mountain |
| 26.Cow |
57. Persian Wheel |
| 27. Cup and Saucer |
58. Peshawari Chappal |
| 28. Dove |
59. Pitcher |
| 29. Elephant |
60. Planner |
| 30. Fan |
61. Racket |
| 31. Fist |
62. Railway Engine |
| 32. Fish |
63. Ricksha |
| 33. Flower Vase |
64. Ring |
| 34. Foot Ball |
65. Roller of Wood |
| 35. Fountain |
66. Rose |
| 36. Garland |
67. Scissors |
| 37. Ghulail |
68. Scooter |
| 38. Gun |
69. Sewing Machine |
| 39. Hand Pump |
69A. Sickle |
| 40. Hammer |
70. Spade |
| 41. Helicopter |
71. Saw |
| 42. Horse |
72. Spectacles |
| 43. Hukkah |
73. Spinning Wheel |
| ------------------------------------- |
| 74. Suitcase |
86. Tongs |
| 75. Stage |
87. Tractor |
| 76. Tumbler |
88. Tree |
| 77. Table |
89. Truck |
| 78. Table Lamp |
90. Turban |
| 79. Takhti |
91. Umbrella |
| 80. Tap |
92. Well |
| 81. Teapot |
93. Wheel |
| 82. Telephone |
94. Whistle |
| 83. Television |
95. Wrist Watch |
| 84. Tiger |
96. Waist Coat |
| 85. Tonga |
|
(2)
The Commission may allot any one of the symbols specified in sub-rule
(1) to any political party or a combination of two or more political
parties who have agreed to put up joint candidates for election
on an application made by it in this behalf.
(3)
The Commission may allot a multiple symbol specified in sub-rule(1)to
the candidate for a seat reserved for minority communities and to
the Muslim candidates of the Federally Administered Tribal Areas
in the manner specified in sub-rule (2 ).
10.
Appointment of polling agents.--The number of polling
agents appointed at a polling station by each contesting candidate
under section 23 shall not exceed the number of booths set up at
that polling station.
11.
Form of ballot paper.--(1)Every ballot paper shall
be in Form VI and every postal ballot paper in Form VII.
(2)
Every ballot paper shall contain the number and name of the constituency
to which the ballot paper relates.
(3)
The names of the contesting candidates shall be arranged on the
ballot paper in the same order as shown on the list of contesting
candidates prapared under rule 7.
12.
Issue of postal ballot papers.--(1)The Returning
Officer shall,as soon as practicable, send a postal ballot paper
by post to each elector who is entitled to vote by postal ballot
under section 29 and who has applied in accordance with sub-section
(2)of that section and shall at the same time
(a)
enter on the counterfoil of the ballot paper the name of the elector
to whom the ballot paper is sent and his serial number on the electoral
roll together with the name of the electoral area; and
(b)
take necessary steps to ensure that the elector is not allowed to
vote at a
polling station.
(2)
Alongwith the ballot paper, the Returning Officer shall send to
the elector
(a)
a declaration in Form VIII;
(b)
a cover in Form IX;
(c)
a large cover addressed to himself in Form X; and
(d)
instructions for the guidance of the elector in Form XI.
(3)
Every Officer under whose care or through whom a postal ballot paper
is sent shall ensure that the same is delivered to the addressee
without delay.
(4)
After the ballot papers have been issued to all the electors referred
to in sub-rule (1),the Returning Officer shall seal up in a packet
the counter-foils of all such ballot papers and record on the packet
a brief description of its contents, the name of the constituency
and the date on which he seals it.
13.
Recording of votes on postal ballot paper.--(1)An
elector who has received a postal ballot paper and desires to vote
shall record his vote on the ballot paper by writing the name of
the candidate of his choice within the blank space provided on the
ballot paper.
(2)
In recording the vote, such an elector shall, after complying with
the instructions contained in Form XI sent to him under clause (d)of
sub-rule (2)of rule 12,put the ballot paper in the cover in Form
IX.
(3)
The elector shall sign the declaration in Form VIII in the presence
of Gazetted Officer or a Commissioned Officer to whom he is personally
known or to whose satisfaction he has been identified and he shall
have his signature attested by such Officer.
14.
Assistance to illiterate or infirm electors casting vote by postal
ballot.-(1) If an elector is illiterate or is unable through physical
infirmity to record his vote on a postal ballot paper and sign the
declaration in Form VIII, he shall be entitled to have his vote
recorded and his declaration signed by any Gazetted Officer or Commissioned
Officer.
(2)
Any such elector may take the ballot paper together with the declaration
and the covers received by him to any Gazetted Officer or Commissioned
Officer and request such officer to record his vote and sign his
declaration on his behalf.
(3) Such Gazetted
Officer or Commissioned Officer shall thereupon mark the ballot
paper in accordance with the wishes of the elector in his presence
and sign the declaration on behalf of the elector and complete the
appropriate certificate contained in Form VIII.
15.
Re-issue of postal ballot paper.--(1)When a postal ballot paper
and other papers sent under rule 12 are for any reason returned
undelivered the Returning Officer may re-issue them by post or deliver
them or cause them to be delivered to the elector personally on
a request being made by him.
(2)
If any elector has inadvertently dealt with his ballot paper or
any of the other papers sent to him under rule 12 in such a manner
that they cannot conveniently be used, another ballot paper and
such other papers shall be issued to him after he has returned the
ballot paper and other papers and satisfied the Returning Officer
of the inadvertence.
(3)
The Returning Officer shall cancel the ballot papers and other papers
so returned and keep them in a separate packet and also note the
serial numbers of all such cancelled ballot papers on the packet.
16.
Return of postal ballot paper.--(1)After an elector
has recorded his vote and made his declaration under rule 13,or
has his vote recorded and his declaration signed under rule 14,he
shall return the ballot paper and his declaration to the Returning
Officer in accordance with the instructions communicated to him
in Form XI.
(2)
If any cover containing a postal ballot paper is received by the
Returning Officer after the expiry of the time fixed under sub-section
(1)of section 39,he shall note thereon the date of its receipt and
shall keep all such covers together in a separate packet.
16A.
Statement to be signed by the contesting candidates, etc.--The
statement referred to in clause (b)of sub-section (4)of section
30 shall be in Form XI-A.
17.
Manner of marking the ballot paper.--(1)The mark to be
put under clause (b) of subsection (5)of section 33 on the ballot
paper, at any place within the space containing the name and symbol
of the contesting candidate for whom the elector wishes to vote,
shall be a mark containing squares on a rubberstamp provided for
the purpose by the Presiding Officer at the polling station and
no other mark.
(2)
No other marking aid or rubber-stamp except the rubber-stamp supplied
for the purpose by the Presiding Officer under sub-rule (1)shall
be used by the elector for marking his ballot paper.
18.
Manner of marking ballot paper if elector is incapacitated.--(1)If
an elector is totally blind or physically otherwise so incapacitated
as to require the help of a companion, the Presiding Officer may
allow him to be accompanied by a companion of not less than twenty-one
years of age; and, in case the disability is such that the elector
cannot mark the ballot paper himself, the person accompanying the
elector may mark the ballot paper as indicated by the elector:
Provided
that the person allowed to accompany the elector shall not himself
be a
candidate or an agent of a candidate.
(2) If the ballot paper is to be marked by the companion, the Presiding
Officer shall make it clear to him that he must mark the ballot
paper for the candidate of the elector 's choice and that he must
maintain the secrecy of voting by not divulging to any one the elector
's choice of candidate.
(3)
The Presiding Officer shall maintain a list of electors on whose
behalf the ballot papers have been marked by their companions..
19.
Manner of inserting a ballot paper.--After the
ballot paper has been marked by the elector or by the person allowed
to mark a ballot paper under rule 18,the elector or such person
shall fold the ballot paper, in the screened off compartment so
as to conceal his vote and insert it in the ballot box within the
view of the Presiding Officer.
20.
Tendered votes.--(1)The tendered votes list referred
to in subsection (3)of section 34 shall be in Form XII.
(2)
The Presiding Officer shall, before issuing a ballot paper to a
person referred to in sub-section (1)of section 34,obtain his signature
or thumb impression on the form referred to in sub-rule (1).
21.
Challenged votes.--(1)The challenged votes list
referred to in subsection (2) of section 35 shall be in Form XIII.
(2)
The Presiding Officer shall soon after the close of the poll hand
over against proper receipt such sum as has been deposited with
him under sub-section (1)of section 35 to the Returning Officer,
who shall deposit the same with the Government Treasury or Sub-Treasury
against the head of account 1300000Miscellanceous Receipts1390000-Others-1391000-Other
Reccipls-1391800 Other Receipts-(NES)-1391880-Other Receipts-Others
(Election Receipts).
22.
Stray ballot papers.--if any ballot paper which
has been issued to an elector has not been inserted by him into
the ballot box but is found anywhere else in or near the polling
station, it shall be cancelled and accounted for as "spoilt
ballot paper "
23.
Count on close of poll.--The Presiding Officer
shall after taking out the ballot papers from the used ballot box
or ballot boxes
(a)
Separate the ballot papers which are unambiguously marked in favour
of a contesting candidate from those which bear
(i)
no Official mark and signature of the Presiding Officer; or
(ii)
any writing or any mark other than the official mark, signature
of the Presiding Officer and the prescribed mark made with the rubber-stamp
supplied for the purpose or to which a piece of paper or any other
object of any kind has been attached; or
(iii)
no prescribed mark indicating the contesting candidate for whom
the elector has voted; or
(iv)
any mark from which it is not clear for whom the elector has voted,
provided that a ballot paper shall be deemed to have been marked
in favour of a candidate if the whole or more than half of the area
of the prescribed mark appears clearly within the space containing
the name and symbol of that candidate; and where the prescribed
mark is divided equally between two such spaces, the ballot paper
shall be deemed not to show clearly for whom the elector has voted;
(b)
count separately in respect of each contesting candidate in the
alphabetical order of their names as appearing on the ballot paper,
the ballot papers which are unambiguously marked in favour of that
candidate and put each lot in a separate packet bearing the name
and symbol of the contesting candidate to which it relates;
(c)
count and put in a separate packet the ballot papers mentioned in
sub clauses (i) to (iv)of clause (a);
(d)
open the packet labelled "challenged ballot papers " and
count the ballot papers unambiguously marked in favour of each candidate,
excluding from the count the ballot papers suffering from any of
the defects mentioned in sub-clauses (i)to (iv)of clause (a);
(e)
after the challenged ballot papers have been so counted, the Presiding
Officer shall put all such ballot papers as were taken out of the
packet labeled "challenged ballot papers " into a separate
packet;;
(f)
place in each packet a certificate stating the number of ballot
papers put therein, and sign and seal each packet;
(g)
obtain on each packet the signature and seal of such of the contesting
candidates or their election or polling agents as may desire to
sign and seal it; and
(h)
enclose all such packets in a principal packet with a certificate
specifying the number of packets enclosed in the principal packet.
24.
Statement of the count by the Presiding Officer.--The
statement of the count under sub-section (9)of section 38 shall
be prepared in Form XIV.
25.
Ballot paper account by the Presiding Officer.--The
ballot paper account referred to in sub-section (10)of section 38
shall be prepared in Form XV.
26.
Consolidation of results.--(1)The Returning Officer
shall consolidate in Form XVI the results of the count furnished
by the Presiding Officer.
(2)
Before consolidating the results, the Returning Officer shall open
the packet containing the ballot papers excluded from the count
by Presiding Officer as also the packet containing the challenged
ballot papers and scrutinise each such ballot paper as was excluded
from the count by the Presiding Officer.
(3)
If the Returning Officer finds that any ballot paper excluded from
the count by the Presiding Officer should not have been so excluded,
he shall count it as a valid ballot paper cast in favour of the
contesting candidate for whom it was cast:
Provided that in so doing the Returning Officer shall not mix up
the ballot papers taken out from the packet labelled "challenged
ballot papers " but shall keep the entire lot of challenged
ballot papers in a separate packet-.
(4)
The Returning Officer shall reject a ballot paper, hereinafter referred
to as "rejected ballot paper ",recording thereon the fact
of such rejection if it suffers from any of the defects mentioned
in sub-section (4)of section 38.
(5)
If any contesting candidate or election agent objects to the rejection
of a ballot paper, the Returning Officer shall add to his endorsement
the words "rejection objected to "
(6)
In consolidating the results of the count, the Returning Officer
shall record the number of valid ballot papers cast in favour of
each contesting candidate as shown by the Presiding Officer in the
statement of the count, unless the figures thereof have undergone
a change as a result of recount under sub-section (6)of section
39,in which case he shall record the figures as arrived at after
the recount.
(7)
Before recording the number of valid votes in the consolidated statement
against the name of each contesting candidate, the number of ballot
papers, if any, which were treated by him as valid but had been
excluded from the count by the Presiding Officer shall be taken
into account, including those treated as valid from the challenged
votes.
(8)
The ballot papers rejected by the Returning Officer under sub-rule
(4) shall be shown separately in the consolidated statement.
(9)
The consolidated statement shall be so completed that the figures
in respect of one polling station are completed before the incorporation
of the figures in respect of any other.
(10)
The Returning Officer shall deal with the postal ballot papers in
the following manner namely;
(i)
no cover in Form X containing a postal ballot paper received by
the Returning Officer after the expiry of the time fixed in that
ballot paper shall be counted;
(ii)
the Returning Officer shall close and seal in a separate packet
all the packets referred to in sub-rule (2)of rule 16;
(iii)
all other covers in Form X containing postal ballot papers shall
then be opened one after another;
(iv)
as each cover is opened, the Returning Officer shall scrutinise
the declaration in Form VIII contained therein and shall reject
the ballot paper and make an appropriate endorsement on the cover
in Form 1X without opening the same--
(a)
if the said declaration is not found in the cover Form X or
(b)
if the said declaration is substantially defective; or
(c)
if the serial number of the ballot paper entered in the said declaration
differs from such number endorsed on the cover in Form IX;
(v) each cover so endorsed and the declaration received with shall
be replaced in the cover in Form X; and all such covers in Form
X shall be kept in a separate packet which shall be sealed and on
which the following particulars shall be recorded namely:
(a)
the name of the constituency;
(b)
the date of counting; and
(c)
a brief description of its contents;
(vi)
the Returning Officer shall then place all the declarations in Form
VIII which he has found to be in order in a separate packet which
shall be sealed before any cover in Form IX is opened and on which
shall be recorded the particulars referred to in clause (v);
(vii)
all covers in Form IX containing postal ballot papers which have
not already been dealt with under the foregoing provisions of this
rule shall then be opened one after another and the Returning Officer
shall scrutinise each ballot paper and decide the validity of the
vote recorded thereby;
(viii)
a postal ballot paper shall be liable to rejection on the grounds
mentioned in subsection (4)of section 38,reference in that sub-section
to prescribed mark being construed as reference to cross mark mentioned
in sub-rule (1)of rule 13;
(ix)
the Returning Officer shall count all the valid votes given by postal
ballot in favour of each contesting candidate and record the total
thereof as well as the number polled by each such candidate in the
consolidated statement in Form XVI; and
(x)
all valid postal ballot papers shall, after they have been counted,
be placed in a separate packet which shall be sealed and on which
shall be recorded--
(a)
the name of the constituency;
(b)
the date of counting; and
(c)
a brief description of its contents.
27.
Resealing of packets and statements by the Returning Officer.--(1)The
packets and the statements opened by the Returning Officer for the
purpose of consolidation under section 39 shall be resealed, as
required by section 40,immediately after the consolidation proceedings
are over.
(2)
All the packets received from the Presiding Officers and not opened,
together with those opened and resealed by the Returning Officer,
shall be sealed in a bag for each polling station and the bag shall
be duly sealed with the seal of the Returning Officer.
(3)
The Returning Officer shall allow such of the contesting candidates
or their election agents as may be present to sign and affix their
seals to each of the packets resealed by the Returning Officer,
as also the bag containing those packets.
28.
Result of the count.--(1)The result of the count required to be
submitted to the Commission by the Returning Officer under sub-section
(1)of section 42 shall be in Form
XVII.
(2) The consolidated statement prepared under sub-rule (1)of rule
26 by the Returning Officer together with the result of count referred
to in sub-rule (1)shall be sent to the Commission immediately after
the count for declaration of the result and publication of the name
of the returned candidate in the official Gazette.
28A.
Submission of statement of assets and liabilities.--The
statement of assets and liabilities referred to in section 42A shall
be submitted in Form XXI.
29.
Public inspection of documents.--(1)The documents
retained by the Commission under section 44,except the ballot papers,
shall be open to public inspection during office hours on payment
of a fee at the rate of one rupee for each document.
(2)
Copies of, or extracts from the documents mentioned in sub-rule
(1) shall be furnished upon an application made by any person on
payment of fee at the rate of one rupee for the first two hundred
words or a fraction thereof.
(3)
Every application for inspection of documents or supply of copies
shall be accompanied by court fee stamps of the requisite value.
29A.
Inspection of documents, etc.--(1)The Nomination
Form, accompanying declaration and statements, including the statement
of assets and liabilities submitted under sub-section (2)of section
12 and/or section 42A shall be open to inspection by the public,
during office hours on payment of fee of rupees ten per page in
the shape of court fee stamps.
(2)
The copies of documents referred to in sub-rule (1)may be supplied
to a person, making application in that behalf, on payment of fee
of ten rupees per page in the shape of court fee stamps.
30.
Account of election expenses.--(1) A contesting
candidate shall maintain or cause to be maintained a register of
receipts and expenditure in Form XVIII.
(2)
The contesting candidate shall, after the publication under section
20 or section 42 of the name of the returned candidate, submit to
the Returning Officer an account of election expenses as required
by section 50 in Form XVIII.
(3)
All vouchers shall accompany the account of election expenses duly
arranged according to the date of payment and serially numbered
and such serial number shall be entered in the appropriate column
of the relevant account.
(4)
It shall not be necessary, while rendering account to the Returning
Officer to give particulars of the payees in regard to the items
of expenditure for which receipts are not required to be obtained
under sub-section (5)of section 49.
31.
Affidavit.--The affidavit referred to in sub-section
(2)of section 50 shall be sworn by a candidate in Form XIX.
32.
Fees for inspection of election expenses return, etc.--(1)The
return and documents submitted by a contesting candidate under section
50 shall be open to public inspection at the office of the Returning
Officer during office hours on payment of a fee at the rate of one
rupee for each document.
(2) Copies of or extract of return or of the documents mentioned
in sub-rule (1)shall be furnished upon an application made by any
person on payment of a fee at the rate of one rupee for the first
two hundred words or a fraction thereof and fifty paisa for every
additional hundred words or a fraction thereof.
(3)
Every application for inspection of the return or of the documents
or supply of copies thereof shall be accompanied by court-fee stamps
of the requisite value.
33.
Security deposit for presentation of an election petition.--The
head of account for purposes of deposit as security for the costs
of an election petition as required to be paid under sub-section
(2)of section 52 shall be 3000000-Deposits and Reserves-B-Not Bearing
Interest-3500000-Departmental and Judicial Depsoits-3501000-Civil
Deposits-3501010Deposits in connection with Elections.
34.
Withdrawal of respondents.--A notice under section
75 by a respondent in an election petition shall be in Form XX.
35.
Supply of copies of decisions on petitions and other documents.--(1)
Copies of documents forming part of an election petition presented
to the Commissioner and of any interim order or of any order passed
under section 56 and of any interim or final order passed by a Tribunal
on any election petition may be furnished to any person by the Commissioner
or the Tribunal, as the case may be, on an application in writing.
(2)
The fees for the supply of copies mentioned in sub-rule (1)shall
be two rupee for the first two hundred words or a fraction thereof
and one rupee for every additional hundred words or a fraction thereof.
(3)
Every application for the supply of copies under sub-rule (1)shall
be accompanied by court-fee stamps of the requisite value.
----------------------------------
[NOMINATION
FORM-I
(See rule 3)
ELECTION
TO THE GENERAL SEATS
Election to the constituency ..................................................................of
*National Assembly/Provincial Assembly of ...........................................................................
(Name
of the Province)
.................................................................................................................................
(To
be filled in by the proposer)
(1)
I.....................................................................................(name
of the proposer)
having National Identity Card No .................................................registered
as an elector at serial number..................................in
the electoral roll for .......................................electoral
area in .......................................Tehsil/Taluka in
..........................................District/Political Agency
do hereby propose the name of .....................................................................whose
address is ...........................................................as
a candidate for election to general seat from ....................................................constituency.
(2)
I hereby certify that I have not subscribed to any other nomination
paper either as proposer or seconder.
Date..............................................
Signature of Proposer
(To
be filled in by the seconder)
(1)
I..........................................................................(name
of the seconder)having
National Identity Card No ...................................................registered
as an elector at serial number .........................in the electoral
roll for electoral area in .................................Tehsil/
Taluka in........................................................District/Political
Agency do hereby second the nomination of....................................whose
address is ..................................as a candidate for
election to general seat from ...............................................constituency.
(2)
I hereby certify that I have not subscribed to any other nomination
paper either as proposer or seconder.
Date....................................
Signature of Seconder
-----------------------------------------------------------------------------------------------------------------------------------------------------
Note Please fill in the Form in capital letters.
*Strike off the words not applicable.
DECLARATION AND OATH BY THE PERSON NOMINATED
1. I, the above mentioned candidate, hereby declare on oath that;
(i)
I have consented to the above nomination and that I fulfill the
qualifications specified in Article 62 of the Constitution and I
am not subject to any of the disqualifications specified in Article
63 of the Constitution or any other law for the time being in force
for being elected as a member of the National Assembly/Provincial
Assembly.
*(ii)
I belong to ...............................................................and
a certificate from that
(Name
of political party)
political party showing that I am a party candidate from the above
said constituency is attached.
OR
I
do not belong to any political party.
2.
I ,the above mentioned candidate, solemnly swear that,
(i)
I will be faithful to the declaration made by the Founder of Pakistan
Quaid-e-Azam Muhammad Ali Jinnah, that Pakistan would be a democratic
state based on Islamic principles of social justice. I will bear
true faith and allegiance to Pakistan and uphold the sovereignty
and integrity of Pakistan and that I will strive to preserve the
Islamic Ideology which is the basis for the creation of Pakistan.
**(ii)
I believe in the absolute and unqualified finality of the Prophethood
of Muhammad (Peace by upon him),the last of the prophets and that
I am not the follower of any one who claims to be a Prophet in any
sense of the word or of any description whatsoever after prophet
Muhammad (Peace be upon him),and that I do not recognize such a
claimant to be prophet or a religious reformer, nor do I belong
to the Qadiani group or the Lahori group or call myself an Ahmadi.
3.
I hereby solemnly declare to the best of my knowledge and belief
that,-
(i)
no loan for an amount of two million rupees or more obtained from
any bank, financial institution, cooperative society or corporate
body in my own name or in the name of my spouse or any of my dependents,
or any business concern mainly owned by me or the aforesaid, stands
unpaid for more than one year from the due date, or has got such
loan written off; and
------------------------------------------------------------------------------------------------------------------------
*Strike off the words not applicable
**Struch off in case of non-Muslim
(ii)
I, my spouse or any of my dependents or a business concern mainly
owned by me or the aforesaid, is not in default in payment of government
dues or utility charges, including telephone, electricity, gas and
water charges of an amount in excess of ten thousand rupees, for
over six months, at the time of filing of nomination paper.
Explanation.-For
the purpose of these declarations, the expression--
(i)
"loan " shall mean any loan, advance, credit or finance
obtained or written off on or after the 31st day of December,1985,but
shall not include the loan the recovery of which has been stayed
or suspended by any order of a court or tribunal, including the
High Court and the Supreme Court ;
(ii)
"mainly owned " shall mean holding or controlling a majority
interest in a business concern;
(iii)
"taxes " include all taxes levied by Federal Government,
Provincial Government or a local government, but shall not include
taxes the recovery of which has been stayed or suspended by any
order of a court or tribunal;
(iv)
"government dues and utility charges " shall, inter alia,
include rent, charges of rest houses or lodges owned by the Federal
Government, Provincial Governments, local governments or corporations
established or controlled by such governments, but shall not include
the government dues and utilities charges the recovery of which
has been stayed or suspended by any order of a court or tribunal.
*4.
I hereby declare on oath that following cases of criminal offences
were pending against me, six months prior to filing of this nomination
:
|
Number
of case
|
Name
of the Court
|
| |
|
Number of case Name of the Court
OR
I
hereby declare on oath that no case of criminal offences was pending
against me, six months prior to filing of this nomination.
------------------------------------------------------------------------------------------------------------------------
*Strike off the words not applicable
5.
My educational qualification is __________________
6.
My present occupation is ______________________
7.
My National Identity Card No.is _________________
8.
My National Tax Number,if any,is________________
9.
The statement of assets and liabilities of my own,spouse (s), dependents
as on
30th June,.................................is enclosed.
10.
The income tax paid by me during the last three assessment years/financial
years is given hereunder:
|
Assessment
year
|
Financial
year Total
|
Income
Tax Paid
|
| |
|
|
| |
|
|
| |
|
|
11.
The land revenue paid by me during the following last three financial
years :
|
Financial
year
|
Total
Amount of Land Revenue Paid
|
| |
|
| |
|
| |
|
12. I hereby assure that I shall abide by the Code of Conduct issued
by the Election Commission.
Date .............................................
Signature of Candidate
Statement
of Assets and liabilities
I,............................................................................................................a
candidate for election to general seat from constituency No .........................................hereby
declare on solemn affirmation that no immovable and moveable property,
including bonds, shares, certificates, securities, insurance policies
and jewellery, other than specified herein below, is held by me,
my spouse(s)and dependents on the 30th day of June,.................................
ASSETS
| |
Cost
of Assets
|
Present
value of property
|
Remarks
|
1. IMM0VABLE PROPERTY Open
plots,houses,apartments, Commercial buildings,under construction
properties,agricultural property, etc.
(a) Held within Pakistan*
(i)_____________________
(ii)_____________________
(iii)_____________________
(b) Held outside Pakistan*
(i)_____________________
(ii)_____________________
2. MOVEABLE ASSETS
(a) Business capital within Pakistan
(i) Name of business
(ii) Capital amount
(b) Business capital outside Pakistan
(i) Name of business
(ii) Capital amount
(c) Assets brought or remitted from outside Pakistan*
(i) Bank drafts/Remittances
(ii) Machinery
(iii) Other
|
|
|
|
*Details
to be annexed.
|
d) Assets created out of remittances from abroad*
(e) Investments
(i) Stock and Shares
(ii) Debentures
(iii) National Investment
(Unit)Trust
(iv) ICP Certificates
(v) National Savings
Schemes
-Defence Savings Certificate
-Special Savings Certificate
-Regular Income Certificate
(vi) Unsecured loans
(vii) Mortgages
(viii) Any other
(f) Motor Vehicles **
Make Model Reg.No.
(i) ______ _______ ______
(ii) ______ _______ ______
(g) Jewellery,etc.
Weight _______________________ Description___________________
(h) Cash and Bank Accounts*
(i) Cash in hand
(ii) Cash at Bank
Account No.Bank &Branch
Current____________________
Deposit____________________
Savings____________________
Other Deposits_______________
(i)Furniture,Fittings &articles
of personal use-
(j)Assets transferred to any person-
(i)Without adequate
consideration,or
(ii)by revocable transfer
(k)Any other assets
|
|
|
|
*Details
to be annexed.
**Use extra sheets if necessary.
LIABILITIES
|
(i) Mortgages secured on Property or land
(ii) Unsecured Loans owing
(iii) Bank Overdraft
(iv) Bank Loans
(v) Amounts due under Hire Purchase
Agreement
(vi) House Building Loans
(vii) Advances from Provident Funds etc.
(viii) Other debts due*
(ix) Liabilities in the names of minor children
(in respect of assets standing in their names)
Total
|
Amount Remarks
|
"Details
to be annexed.
"Details
to be annexed.
I,..................................................... S/o,W/o;D/o
..................................................... do hereby
solemnly declare that, to the best of my knowledge and belief, the
above statement of the assets and liabilities of myself, my spouse(s),dependents
as on 30th June..........................,is correct and complete
and nothing has been concealed therefrom.
AUTHORISATION*
I................................................................................................do
hereby authorize
(Name of person nominated)
Mr ...........................................son of .....................................................resident
of .................................................................................................who
is the proposer/ seconder, to file this nomination on my behalf
with the Returning Officer.
Date...................................... Signature of the candidate
*Not necessary in case the person nominated files the nomination
papers personally.
(To
be filled in by the Returning Officer)
Serial
Number of nomination paper ...................................................
This nomination paper was delivered to me at my office at ..........................……...
(hours)
on ................................................by ......................................................................
(date) (person)
Date
...................................... Returning
Officer
(Decision of Returning Officer accepting or rejecting the nomination
paper on the day fixed for scrutiny)
I
have examined this nomination paper in accordance with the provisions
of section 14 of the Representation of the People Act,1976 and decide
as follows :
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
(In
case of rejection,state brief reasons)
Date
......................................
Returning Officer
____________________________________________________________________________
RECEIPT
(To
be filled in by the Returning Officer)
Serial
Number of nomination paper .......................................
The
nomination paper of Mr./Miss/Mrs ............................................a
candidate for election to general seat from .................................*National
Assembly/Provincial Assembly
of the Punjab/Sindh/the North-West Frontier Province/Baluchistan
was delivered to me at my office at ........................................(hours)on...................................(date)
by.............................................(person)
All
nomination papers will be taken up for scrutiny at .............................................
(hours)
on..........................................................at ...............................................................
(date)
(place)
Date ...................................... Returning Officer
------------------------------------------------------------------------------------------------------------------------
*Strike off the words not applicable
NOMINATION
FORM-IA
(See rule 3)
ELECTION
TO THE SEATS RESERVED FOR NON-MUSLIMS
in the *National Assembly/Provincial Assembly of
| |
Punjab |
| |
Sindh |
| |
N.W.F.P |
| |
Baluchistan |
_____________________________________________________________________
(To
be filled in by the proposer)
(1)I,...........................................................................(name
of the proposer) having National Identity Card No ....................................registered
as an elector as serial number...............................in
the electoral roll for..............................electoral area
in ....................................Tehsil/Taluka in...........................District/Political
Agency do hereby propose the name of ......................................................whose
address is.............................................as a candidate
for election to the seats reserved for non-Muslims from *National
Assembly/Provincial Assembly ..................................
(Name of Province).
(2) I hereby certify that I have not subscribed to any other nomination
paper either as proposer or seconder.
Date...................................
Signature
of Proposer
__________________________________________________________________________
(To
be filled in by the seconder)
(1)
I,..........................................................................(name
of the seconder)having National Identity Card No .....................................registered
as an elector at serial number...............................in
the electoral roll for .............................electoral area
in ............................Tehsil/Taluka in...................................District/Political
Agency do hereby second the nomination of................................................whose
address is .….........................................as a
candidate for election to the seat reserved for non-Muslim from
National Assembly/Provincial Assembly ..........................(Name
of Province).
(2)I
hereby certify that I have not subscribed to any other nomination
paper either as proposer or seconder.
Date
.............................
Signature of Seconder
------------------------------------------------------------------------------------------------------------------------
Note.Please
fill in the Form in capital letters.
*Strike off the words not applicable.
DECLARATION
AND OATH BY THE PERSON NOMINATED
1.
I, the above mentioned candidate,hereby declare on oath that,
(i)
I have consented to the above nomination and that I fulfill the
qualifications specified in Article 62 of the Constitution and 1
am not subject to any of the disqualifications specified in Article
63 of the Constitution or any other law for the time being in force
for being elected as a member of the National Assembly/Provincial
Assembly.-
(ii)
I belong to ............................................................and
a copy of the party
(Name of political party)
list of my political party for said seats is attached.
2. I, the above mentioned candidate, solemnly swear that -
I
will be faithful to the declaration made by the Founder of Pakistan
Quaid-e-Azam Muhammad Ali Jinnah, that Pakistan would be a democratic
state based on Islamic principles of social justice. I will bear
true faith and allegiance to Pakistan and uphold the sovereignty
and integrity of Pakistan and that I will strive to preserve the
Islamic Ideology which is the basis for the creation of Pakistan.
3.
I, hereby solemnly declare to the best of my knowledge and belief
that
(i)
no loan for an amount of two million rupees or more obtained from
any bank, financial institution, cooperative society or corporate
body in my own name or in the name of my spouse or any of my dependents,
or any business concern mainly owned by me or the aforesaid, stands
unpaid more than one year from the due date, or has got such loan
written off; and
(ii)
I, my spouse or any of my dependents or a business concern mainly
owned by me or the aforesaid, is not in default in payment of government
dues or utility charges, including telephone, electricity, gas and
water charges of an amount in excess of ten thousand rupees, for
over six months, at the time of filing of nomination paper.
Explanation.-For
the purpose of these declarations, the expressions
(i)
"loan" shall mean any loan, advance, credit or finance
obtained or written off on or after the 31st day of December,1985,but
shall not include the loan the recovery of which has been stayed
or suspended by any order of a court or tribunal, including the
High Court and the Supreme Court;
(ii)
"mainly owned" shall mean holding or controlling a majority
interest in a business concern;
(iii)
"taxes" include all taxes levied by Federal Government,
Provincial Government or a local government, but shall not include
taxes the recovery of which has been stayed or suspended by any
order of a court or tribunal;
(iv)
"government dues and utility charges " shall, inter alia,
include rent, charges of rest houses or lodges owned by the Federal
Government, Provincial Governments, local governments or corporations
established or controlled by such governments, but shall not include
the government dues and utilities charges the recovery of which
has been stayed or suspended by any order of a court or tribunal.
*4.
I hereby declare on oath that following cases of criminal offences
were pending against me, six months prior to filing of this nomination
|
Number
of case
|
Number
of case
|
| |
|
OR
I
hereby declare on oath that no case of criminal offences was pending
against me, six months prior to filing of this nomination.
5.
My educational qualification is _________________
6. My present occupation is______________________ Attested copies
7. My National Identity Card No. is ________________ to be annexed
8. My National Tax Number, if any, is ______________
9. The statement of assets and liabilities of my own, spouse, dependent
children or dependent parents as on 30th June,20 ...............is
enclosed.
10.
The income tax paid by me during the last three assessment years/financial
years is given hereunder:
|
AssessmentYear
|
Financial
year
|
Total
Income Tax paid
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
*Strike
off the words not applicable
11.
The land revenue paid by me during the following last three financial
years :
|
Financial
Year
|
Total
Amount of Land
Revenue Paid
|
| |
|
| |
|
| |
|
| |
|
12.
I hereby assure that I shall abide by the Code of Conduct issued
by the Election Commission.
Date.................................
Signature of Candidate
_______________________________________________________________________________
Statement
of Assets and liabilities
I,............................................................................................................a
candidate for election to the seats reserved for non-Muslims from
National Assembly/Provincial Assembly ..............................................(Name
of Province)hereby declare on solemn affirmation that no immovable
and moveable property, including bonds, shares, certificates, securities,
insurance policies and jewellery, other than specified herein below,
is held by me, my spouse(s)and dependents on the 30th day of June,.................................
ASSETS
| |
Cost
of Assets
|
Present
value of property
|
Remarks
|
|
1
|
2
|
3
|
4
|
|
1.
IMM0VABLE PROPERTY
Open
plots, houses, apartments, Commercial buildings, under construction
properties, agricultural property, etc.
(a)
Held within Pakistan*
(i) _____________________
(ii) _____________________ (iii)_____________________
(b)
Held outside Pakistan*
(i) _____________________
(ii)_____________________
2.
MOVEABLE ASSETS
(a)
Business capital within Pakistan
(i) Name of business
(ii) Capital amount
(b)
Business capital outside Pakistan
(i) Name of business
(ii) Capital amount
(c)
Assets brought or remitted from outside Pakistan*
(i) Bank
drafts/Remittances
(ii) Machinery
(iii) Other
(d)
Assets created out of remittances from abroad*
|
|
|
|
*Details
to be annexed.
**Use extra sheets,if necessary.
|
(e)
Investments
(i) Stock
and Shares
(ii) Debentures
(iii) National Investment Trust (Unit)
(iv) ICP Certificates
(v) National Savings Schemes
-Defence Savings Certificates
-Special Savings Certificates
-Regular Income Certificates
(vi) Unsecured loans
(vii) Mortgages
(viii) Any other
(f)
Motor Vehicles **
Make
Model Reg.
No
(i) _______ _______ ________
(ii) _______ _______ ________
(g)
Jewellery, etc.
Weight ___________________________
Description _______________________
(h)
Cash and Bank Accounts*
(i) Cash
in hand
(ii) Cash at Bank
Account
No. Bank & Branch
Current____________ ___________ Deposit____________ ___________
Savings____________ ___________
Other Deposits_______ ___________
(i)
Furniture, Fittings & articles of personal use-
(j)
Assets transferred to any person-
(i)
Without adequate consideration, or
(ii) by revocable transfer
(k)
Any other assets
|
|
|
|
*Details
to be annexed.
**Use extra sheets if necessary.
LIABILITIES
| |
Amount |
Remarks |
|
(i)
Mortgages secured on Property or land
(ii) Unsecured Loans owing
(iii) Bank Overdraft
(iv) Bank Loans
(v) Amounts due under Hire Purchase agreement
(vi) House Building Loans
(vii) Advances from Provident Funds etc.
(viii)
Other debts due*
(ix) Liabilities in the names of minor children
(in respect of assets standing in their
names)
Total
|
|
|
"Details
to be annexed.
VERIFICATION
I,.....................................................S/o,W/o;D/o
...................................................... do hereby
solemnly declare that, to the best of my knowledge and belief, the
above statement of the assets and liabilities of myself, my spouse(s),dependents
as on 30th June..........................,is correct and complete
and nothing has been concealed therefrom.
AUTHORISATION*
I................................................................................................do
hereby authorize (Name of person nominated) Mr............................................son
of .....................................................resident
of .................................................................................................who
is the proposer/ seconder, to file this nomination on my behalf
with the Returning Officer.
Date.................................
Signature
of the candidate
*Not
necessary in case the person nominated files the nomination papers
personally.
(To
be filled in by the Returning Officer)
Serial
Number of nomination paper ..................................................................
This nomination paper was delivered to me at my office at ...........….....................
(hours)
on...................................................by ....................................................................................
(Date)
(Person)
Date ................................................. Returning
Officer
___________________________________________________________________
(Decision
of Returning Officer accepting or rejecting the nomination paper
on the day
fixed for scrutiny).
I
have examined this nomination paper in accordance with the provisions
of section 14 of the Representation of the People Act,1976 and decide
as follows :--
-----------------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------------
(In
case of rejection, state brief reasons)
Date ................................................
Returning
Officer
_________________________________________________________________
RECEIPT
(To
be filled in by the Returning Officer)
Serial
Number of nomination paper .......................................
The
nomination paper of Mr./Miss/Mrs .................................................................a
candidate for election to the seats reserved for non-Muslims in
the *National Assembly/Provincial Assembly of the Punjab/Sindh/North-West
Frontier Province/ Baluchistan was delivered to me at my office
at ...................................................(hours) on
.................................(date) by.............................................(person).
All
nomination papers will be taken up for scrutiny at ......................................... (Hours)
on.........................................................at.................................................................
(date)
(place)
Date
......................................... Returning
Officer
____________________________________________________________________
*Strike
off the words not applicable
NOMINATION
FORM-1B
(See rule 3)
ELECTION
TO THE SEATS RESERVED FOR WOMEN
in the *National Assembly/Provincial Assembly of
|
Punjab
|
|
Sindh
|
|
N.W.F.P
|
|
Baluchistan
|
__________________________________________________________________
(To
be filled in by the proposer)
(1)
I,..........................................................................(name
of the proposer)having National Identity Card No .....................................registered
as an elector at serial number..................................in
the electoral roll for...........................electoral area
in ....................................Tehsil/Taluka in...........................District/Political
Agency do hereby propose the name of ......................................................whose
address is.............................................as a candidate
for election to the seats reserved for women from *National Assembly/Provincial
Assembly ............................(Name of Province). (2) I hereby
certify that I have not subscribed to any other nomination paper
either as proposer or seconder.
Date............................................ Signature
of Proposer
___________________________________________________________________________
(To
be filled in by the seconder)
(1)
I,..........................................................................(name
of the seconder)having National Identity Card No .....................................registered
as an elector at serial number...............................in
the electoral roll for..............................electoral area
in ..................................Tehsil/Taluka in.............................District/Political
Agency do hereby second the nomination of................................................whose
address is.............................................as a candidate
for election to the seats reserved for women from *National Assembly/Provincial
Assembly ................................(Name of Province).
(2)
I hereby certify that I have not subscri