:: The Constitution of Pakistan, 1973 ::

THE REPRESENTATION OF THE PEOPLE ACT, 1976

(ACT NO.LXXXV OF 1976)
January 4,1977

An Act to provide for the conduct of elections to the National Assembly and the Provincial Assemblies.

WHEREAS It is expedient to provide for the conduct of elections to the National Assembly and the Provincial Assemblies and to guard against corrupt and illegal practices
and other offences at or in connection with such elections and for the determination of doubts and disputes arising out of or in connection with such elections, and other matters arising out of or connected therewith :-

It is hereby enacted as follows.

CHAPTER I
PRELIMINARY

1. Short title, extent, application and commencement.-(1)This Act may be called the Representation of the People Act,1976.

(2) It extends to the whole of Pakistan.

(3) It shall apply to the general elections to the National Assembly and the Provincial Assemblies to be held under the Constitution and to the bye-elections to be held to the seats in those Assemblies falling vacant after the general elections.

(4) It shall come into force at once.

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

(i) "Article" means Article of the Constitution;

(ii) "Assembly " means the National Assembly or a Provincial Assembly for a province ;

(iii) "ballot paper account" means ballot paper account prepared under sub-section (10)of section 38;

(iv) "candidate" means a person proposed as a candidate for, or seeking election as a member;

(v) "Commission" means the Election Commission constituted under Article 218;

(vi) "Commissioner" means the Chief Election Commissioner appointed under the Constitution and includes

(i) the person continuing in the office of Chief Election Commissioner by virtue of Article 275; and

(ii) a Judge of the Supreme Court nominated under Article 217 to act as Chief Election Commissioner;

(vii) "constituency" means a constituency delimited under the Delimitation of Constituencies Act,1974 (XXXIV of 1974);

(viii) "contesting candidate" means a validly nominated candidate who has not withdrawn his candidature;

(ix) "election" means election to a seat of a member held under this Act;

(x) "election agent" means an election agent appointed by a candidate under section 22 and, where no such appointment is made, the candidate acting as his own election agent;

(xi) "election petition" means an election petition made under section 52:

(xii) "elector", in relation to a constituency, means a person who is enrolled on the electoral roll for any electoral area in that constituency;

(xiii) "electoral roll" means an electoral roll prepared, revised or corrected under
the Electoral Rolls Act,1974 (XXI of 1974);

(xiv) "member" means member of an Assembly;

(xv) "nomination day" means the day appointed under section 11 for the nomination of candidates;

(xvi) "polling agent" means a polling agent appointed under section 23;

(xvii) "polling day" means the day on which poll is taken for an election;

(xviii) "polling officer" means a polling officer appointed under section 9 for a polling station;

(xix) "prescribed" means prescribed by rules made under this Act;

(xx) "Presiding Officer" means a Presiding Officer appointed under section 9 for a polling station and includes an Assistant Presiding Officer; exercising the powers and performing the functions of Presiding Officer;

(xxi) "returned candidate" means a candidate who has been declared elected as a member under this Act;

(xxii) "Returning Officer" means a Returning Officer appointed under section 7 and includes an Assistant Returning Officer exercising the powers and performing the functions of Returning Officer;

(xxiii) "scrutiny day" means the day appointed under section 11 for the scrutiny of nomination papers ;

(xxiv) "spoilt ballot paper" means a ballot paper which has been spoiled and is
returned to the Presiding Officer under section 36;

(xxv) "Tribunal" means an Election Tribunal appointed under section 57 for the trial of election petitions;

(xxvi) "validly nominated candidate" means a candidate whose nomination has been accepted; and

(xxvii) "withdrawal day" means a day appointed under section I I on or before which candidature may be withdrawn.

CHAPTER II
ELECTION COMMISSION

3. Procedure of the Commission.--(1)Subject to the provisions of this section,
the Commission shall regulate its procedure.

(2) If, upon any matter requiring a decision of the Commission, there is difference of opinion among its members, the opinion of the majority shall prevail and the decision of the Commission shall be expressed in terms of the opinion of the majority.

(3) The Commission may exercise its powers and perform its functions notwithstanding that there is a vacancy in the office of any one of its members or that any one of its members is, for any reason, unable to attend its proceedings and the decision of the other two members shall have the effect of the decision of the Commission:

Provided that, in the event of a difference of opinion between the two members attending the proceedings of the Commission, the matter shall be placed for decision before the Commission.

4. Delegation of powers, etc.--The Commission may authorise its Chairman or any of its members or any of the officers of the Commission to exercise and perform all or any of its powers and functions under this Act.

5. Assistance to the Commission.--(1)All executive authorities in the Federation and in the Provinces shall render such assistance to the Commissioner and the Commission in the discharge of his or their functions as may be required of them by the Commissioner or the Commission.

(2) The Commissioner or the Commission may require any person or authority to perform such functions or render such assistance for the purposes of this Act as he or it may direct.

6. Power to requisition property.--(1)The Provincial Government or an officer authorised by it in this behalf may, upon a request made in this behalf by the Commission, by order in writing, requisition any such vehicle, vessel or animal as is needed or is likely to be needed for the purpose of transporting to and from any polling station ballot boxes or other election material or any officer or other person engaged for the performance of any duties in connection with the election

Provided that no vehicle, vessel or animal which is being used by a candidate or his election agent for any purpose connected with the election of such candidate shall be so requisitioned.

(2) Any person authorised in this behalf by the Provincial Government may take possession of any vehicle, vessel or animal requisitioned under sub-section (1) and may for that purpose use such force, including police force, as may be reasonably necessary.

(3) Where any vehicle, vessel or animal is requisitioned under sub-section (1), there shall be paid to the owner thereof compensation the amount of which shall be determined by the Provincial Government or the officer requisitioning the vehicle, vessel or animal on the basis of the fares and rates prevailing in the locality for its hire:

Provided that, where the owner of the vehicle, vessel or animal, being aggrieved by the amount of compensation so determined makes an application to the Provincial Government within a period of thirty days from the date the amount has been determined for the matter being referred to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Provincial Government may determine.

CHAPTER III
APPOINTMENT OF RETURNING OFFICER,ETC.

7. Appointment of District Returning Officer and Returning Officer, etc.--(1) The Commission shall appoint, from amongst the officers of the Federal Government, Provincial Governments, corporations controlled by any such Government and local authorities, a District Returning Officer for each District and a Returning Officer for each constituency

Provided that a person may be appointed as Returning Officer for two or more constituencies.

(2) The Commission may appoint, from amongst the Officers of the Federal Government, Provincial Governments, corporations controlled by such Government and local authorities as many Assistant Returning Officers as may be necessary.

(3) An Assistant Returning Officer shall assist the Returning Officer in the performance of his functions under this Act and may, subject to any condition imposed by the Commission, exercise and perform, under the control of the Returning Officer, the powers and functions of the Returning Officer.

(4) It shall be the duty of a Returning Officer to do all such acts and things as may be necessary for effectively conducting an election in accordance with the provisions of this Act and the rules.

(5) Subject to the superintendence, direction and control of the Commission, the District Returning Officer shall coordinate and supervise all work in the district in connection with the conduct of elections and shall also perform such other duties and functions as may be entrusted to him by the Commission.

(6) The Commission or the Commissioner may, at any time, for reasons to be recorded in writing, suspend any officer performing any duty in connection with an election, or any other public functionary, or any member of the police force or any other law-enforcing agency who obstructs or prevents or attempts to obstruct or prevent the conduct of fair and impartial poll or interferes or attempts to interfere with an elector when he records his vote, or influences in any manner the polling staff or an elector or does any other act calculated to influence the result of election, and make such arrangements as it or he may consider necessary for the performance of the functions of the officer so suspended.

(7) Where the Commission or the Commissioner suspends any officer under sub-section (6),the Commission or the Commissioner shall refer the matter to the appropriate authority for taking disciplinary action against such officer.

8. Polling stations.--(1)The Returning Officer shall, before such time as the Commission may fix, submit to the District Returning Officer a list of polling stations he proposes to provide in a constituency for the purpose of election of a member, for that constituency.

(2) Subject to the direction of the Commission, the District Returning Officer may make such alterations in the list of polling stations submitted under subsection (1)as he deems necessary and shall, at least fifteen days before the polling day, publish in the official Gazette the final list of polling stations specifying the electoral area the electors whereof will be entitled to vote at each polling station.

(3) The Returning Officer shall establish in each constituency polling stations according to the final list published under sub-section(2).

1[(4)A polling station shall be situated in a Government building for the constituency and, where no Government building is available for the purpose, an improvised polling station shall be set up on a public property.

Provided that no polling station shall be located in any premises which belong to, or are under the direct or indirect control of, any candidate.]

9. Presiding Officers and Polling Officer.--(1)A Returning Officer shall appoint for each polling station a Presiding Officer and such number of Assistant Presiding Officers and polling officers 2[from amongst the officers of the Federal Government, Provincial Governments, local governments and corporations established or controlled by such Governments] to assist the Presiding Officer as the Returning Officer may consider necessary :

Provided that a person who is, or has at any time been, in the employment of any candidate shall not be appointed as a Presiding Officer, Assistant Presiding Officer or polling officer.

(2) A list of such Presiding Officers and polling officers shall be submitted to the District Returning Officer at least fifteen days before the polling day for its approval and no
change in the personnel shall be made except with the approval of the Commission.

(3) A Presiding Officer shall conduct the poll in accordance with the provisions of this Act and the rules, shall be responsible for maintaining order at the polling station and shall report to the Returning Officer any fact or incident which may, in his opinion, affect the fairness of the poll

Provided that, during the course of the poll, the Presiding Officer may entrust such of his functions as may be specified by him to any Assistant Presiding officer and it shall be the duty of such Assistant Presiding Officer to perform the functions so entrusted.

(4) The Returning Officer shall authorise one of the Assistant Presiding Officers to act in place of the Presiding Officer if the Presiding Officer is, at any time during the poll, by reason, of illness or other cause, not present at the polling station, or is unable to perform his functions; and any absence of the Presiding Officer, and the reason therefor, shall, as soon as possible after the close of the poll, be reported to the Returning Officer.

(5) The Returning Officer may, at any time during the poll, for reasons to be recorded in writing, suspend any Presiding Officer, Assistant Presiding Officer or polling officer and make such arrangements as he may consider necessary for the performance of the functions of the officer so suspended.

10. Supply of electoral rolls.--(1) The Commission shall provide the Returning Officer for each constituency with copies of electoral rolls for all the electoral areas within the constituency.

(2) The Returning Officer shall provide the Presiding Officer of each polling station with copies of electoral rolls containing the names of the electors entitled to vote at that polling station.

CHAPTER IV
CONDUCT OF ELECTIONS

11. Notification for election.--(1) As soon as 3[may be necessary and practicable] the President makes an announcement of the date or dates on which the polls shall be taken, the Election Commission 4[,not later than thirty days of such announcement] shall, by notification in the official Gazette, call upon a constituency to elect a representative or representatives, and appoint-

(a) the last date for making nominations, which shall be the sixth day after the date of publication of the notification or, if that day is a public holiday, the next succeeding day which is not public holiday;

(b) the dates for the scrutiny of nominations, which shall be the seven days immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday.

(c) 5[****] Omitted.

(d) the last date for filing of appeals against acceptance or rejection of nominations, which shall be the fourth day following the last date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday ;

(e) the last date for decision of appeals, which shall be the 6[seventh] day following the last date for filing of appeals or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(ee) the last date for the withdrawal of candidature, which shall be the day following the last date for decision of appeals or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(f) the last date for publication of the revised list of candidates, which shall be the
second day following the last date for decision of appeals; and

(g) the date or dates on which a poll shall, if necessary be taken, which or the first of which shall be a date not earlier than the twenty-second day after the publication of the revised list of candidates.

(3) A Returning Officer shall, as soon as may be after the publication of a notification under sub-section (1),give public notice of the dates specified by the Commission in respect of the constituency or constituencies of which he is the Returning Officer; and the public notice shall be published at some prominent place or places within the constituency to which it relates.

(4) A Returning Officer shall, by the public notice given under sub-section (3)invite nominations specifying the time by which and the place at which nomination papers shall be received by him.

11A. Alteration in election programme.--Notwithstanding anything contained in section 11,the Commission may at any time after the issue of a notification under sub-section (1)of that section, make such alterations in the programme announced in that notification for the different stages of the election as may, in its opinion, be necessary.

12. Nomination for election.--(1) Any elector of a constituency may propose or second the name of any duly qualified person to be a member for that constituency.

7[(2) Every nomination shall be made by a separate nomination paper in the prescribed form which shall be signed both by the proposer and the seconder and shall, on solemn affirmation made and signed by the candidate, accompany

(a) a declaration that he has consented to the nomination and that he fulfils the qualifications specified in Article 62 and is not subject to any of the disqualifications specified in Article 63 or any other law for the time being in force for being elected as a member;

(b) 8[****] Omitted.

(c) a declaration that no loan for an amount of two million rupees or more, obtained from any bank, financial institution, cooperative society or corporate body in his own name or in the name of his spouse or any of his dependents, or any business concern mainly owned by him or the aforesaid, stands unpaid for more than one year from the due date, or has got such loan written off;

(d) a declaration that he, his spouse or any of his dependents or a business concern mainly owned by him 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 papers;

(e) a statement specifying his educational qualifications, occupation, National Identity Card number and National Tax Number, if any, alongwith attested copies thereof; and

(f) a statement of his assets and liabilities and those of his spouse and dependents on the prescribed form as on the preceding thirtieth day of June;

Explanation.-For the purpose of this section, 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.]

(3) Every nomination paper shall be delivered to the Returning Officer by candidate or by his proposer or seconder or, if so authorized in writing by the candidate, by his nominee, and the Returning Officer shall acknowledge receipt of the nomination paper specifying the date and time of receipt.

(4) A person may be nominated in the same constituency by not more than five
nomination papers.

(5) 9[****] Omitted.

(6) The Returning Officer shall assign a serial number to every nomination paper and endorse thereon the name of the person presenting it, and the date and time of its receipt, and inform such person of the time and place at which he shall hold scrutiny.

(7) The Returning Officer shall cause to be affixed at a conspicuous place in his office a notice of every nomination paper received by him containing the particulars of the candidate as shown in the nomination paper.

10[(8)The nomination form and accompanying declarations and statements shall be open to inspection by the public, and copies thereof may be made available by the Commission in such manner and on payment of such fee as may be prescribed.]

13. Deposits.--(1) Subject to the provisions of sub-section (2),no nomination paper delivered under section 12 shall be accepted unless

(a) a sum of rupees

(i) four thousand for election to a seat in the National Assembly; and

(ii) a two thousand for election to a seat in the Provincial Assembly, is deposited in cash by the candidate or by any person on his behalf at the time of its delivery ;or

(b) it is accompanied by a bank draft for a sum as aforesaid drawn in favour of the Returning Officer or a receipt showing that a sum as aforesaid has been deposited by the candidate or by any person on his behalf at any branch of the National Bank of Pakistan or at a Government Treasury or Sub-Treasury.

(2) Not more than one deposit under sub-section (1)shall be required in the case of a person who has been nominated as a candidate for the same seat by more than one
nomination paper.

14. Security.--(1)The candidates, their election agents, the proposers and seconders and one other person authorised in this behalf by each candidate 11[and an elector who has filed an objection to the nomination of a candidate] may attend the scrutiny of nomination papers, and the Returning Officer shall give them reasonable opportunity for examining all nomination papers delivered to him under section 12:

12[Provided that an elector who has filed an objection to the nomination of a candidate shall only attend the scrutiny of the nomination paper of that candidate.]

(2) The Returning Officer shall, in the presence of the persons attending the scrutiny under sub-section (1),examine the nomination papers and decide any objection raised by any such person to any nomination.

(3)The Returning Officer may, either of his own motion or upon any objection, 13[either by an elector or] by any person referred to in sub--section (1),conduct such summary enquiry as he may think fit and may reject nomination paper if he is satisfied that

(a) the candidate is not qualified to be elected as a member;

(b) the proposer or the seconder is not qualified to subscribe to the nomination paper;

(c) any provision of section 12 or section 13 has not been complied with 13[or submits any false or incorrect declaration or statement in any material particular];or

(d) the signature of the proposer or the seconder is not genuine:

Provided that:

(i) the rejection of a nomination paper shall not invalidate the nomination of a candidate by any other valid nomination paper;

14[(la) the Returning Officer may, for the purpose of scrutiny, require any agency or authority to produce any document or record;]

(ii) the Returning Officer shall not reject a nomination paper on the ground of any defect which is not of a substantial nature and may allow any such defect to be remedied forthwith, including an error in regard to the name, serial number in the electoral roll or other particulars of the candidate or his proposer or seconder so as to bring them in conformity with the corresponding entries in the electoral roll; and

(iii) the Returning Officer shall not enquire into the correctness or validity of any entry in the electoral roll.

15[(3A)Notwithstanding anything contained in sub-section (3),where a candidate deposits any amount of loan, tax or utility charges payable by him before rejection of his nomination paper on the ground of default in payment of such loan, taxes or utility charges, such nomination paper shall not be rejected for default thereof.]

(4)The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting it and shall, in the case of rejection, record brief reasons therefor.

(5) A candidate, may prefer an appeal against the decision of the Returning Officer rejecting or, as the case may be, accepting the nomination paper of the candidate to the Tribunal constituted for the constituency to which the nomination relates and consisting of not less than two nor more than three Judges of the High Court nominated by the Commissioner, with the approval of the President; and such appeal shall be summarily decided within such time as may be notified by the Commission and any order passed thereon shall be final.

16[(5A) If, on the basis of any information or material brought to its knowledge by any source, a Tribunal constituted under sub-section (5)is of the opinion that a candidate whose nomination papers have been accepted is a defaulter of loan, taxes government dues or utility charges or has had any loan written off or suffers from any other disqualification from being elected as a member of an Assembly, it may, on its own motion, call upon such candidate to show cause why his nomination papers may not be rejected, and if the Tribunal is satisfied that the candidate is actually a defaulter as aforesaid or has had a loan written off or suffers from any disqualification, it may reject the nomination papers.]

(6) An appeal not disposed of within the period specified in sub-section (5)shall be deemed to have been rejected.

(7) Announcement of the day and time appointed for the hearing of an appeal under sub-section (5)over the radio or television or by publication in the press shall be deemed to be sufficient notice of the day and time so appointed.

14A. 17[****] Omitted.

15. Publication of list of candidates.--(1)The Returning Officer shall, after the scrutiny of nomination papers, prepare and publish in the prescribed manner a list of validly nominated candidates.

(2) In case an appeal against the decision of the Returning Officer is accepted by the Tribunal referred to in sub-section (5)of section 14 the Returning Officer shall revise the list of validly nominated candidates accordingly.

(3) The Returning Officer shall, on the second day following the last date for decision of appeal under sub-section (5)of section 14,prepare and publish in the prescribed manner the revised list of validly nominated candidates.

16. Withdrawal.--(1)Any validly nominated candidate may, by notice in writing signed by him and delivered to the Returning Officer on or before the withdrawal date either by the candidate himself or through an advocate duly authorized in writing by him, withdraw his candidature.

Explanation.- Authorisation in favour of an advocate shall be attested by a competent authority, such as, Oath Commissioner or a Notary appointed under the Notaries Ordinance 1961 (XIX of 1961).

(2) A notice of withdrawal under sub-section (I )shall, in no circumstances, be open to recall or cancellation.

(3) On receiving a notice of withdrawal under sub-section (1)the Returning Officer shall if he is satisfied that the signature on the notice is that of the candidate, cause a copy of the notice to be affixed at a conspicuous place in his office.

(4) The Returning Officer shall, on the withdrawal day, prepare and publish in the prescribed manner a list of contesting candidates which shall, if there are more than one contesting candidates, indicate their respective symbols and supply a copy of the list to each of them.

17. Retirement from election, etc.--(1)A contesting candidate may retire from the contest by a notice in writing signed by him and delivered to the Returning Officer on any day not later than four days before the polling day either by such candidate in person or by an agent authorised in this behalf in writing by such candidate.

(2) No person who has given a notice of retirement under sub-section (1) shall be allowed to cancel the notice.

(3) The Returning Officer shall upon receiving a notice of retirement under sub-section (1) cause a copy thereof to be affixed at some conspicuous place in his office and also to be published in such manner as he may think fit.

(4) A person in respect of whom a notice of retirement has been published under sub-section (3),shall be deemed to have withdrawn his candidature under section 16.

18. Death of a candidate after nomination.--(1)If a contesting candidate dies before the day for taking of the poll, the Returning Officer shall, by public notice, terminate the proceedings relating to that election.

(2) Where the proceedings relating to an election have been terminated under sub-section (1),fresh proceedings shall be commenced in accordance with the provisions of this Act, as if for a new election:

Provided that it shall not be necessary for the other contesting candidates to file fresh nomination papers or make a further deposit under section 13.

19. Postponement, etc., under certain circumstances.--(1) Where the proceedings relating to nomination, scrutiny or withdrawal cannot, for reasons beyond the control of the Returning Officer, to be recorded in writing, take place on the day appointed therefor he may postpone such proceedings.

(2) When the proceedings are postponed by the Returning Officer under sub-section (1), he shall inform the Commission of his having done so and the Commission shall, by notification in official Gazette, fix another day for the proceedings so postponed and if necessary, also the day or days for any subsequent proceedings.

20. Uncontested election.--(1)Where, after scrutiny under section 14, there remains only one validly nominated candidate or where, after withdrawal under section 16 or retirement under section 17, there remains only one contesting candidate, the Returning Officer shall, by public notice, declare such candidate to be elected to the seat:

Provided that, if after scrutiny any candidate indicates that he intends to file an appeal under sub-section (5)of section 14 against the rejection of his nomination paper, no person shall be declared elected until the period appointed for filing such appeal has expired and no such appeal has been filed or, where an appeal is filed, until the disposal of such appeal.

(2) The Returning officer shall submit to the Commission a return of the election in respect of which he has made a declaration under sub-section (1).

(3) The Commission shall, after such inquiry as it may deem necessary in any case, publish in the official Gazette the name of the candidate declared elected under sub-section (2).

18[20A. Candidate to file certificate of party affiliation.--Each contesting candidate, before seeking allotment of prescribed symbol, shall file a declaration before the Returning Officer about his party affiliation, if any, along with a certificate from the political party showing that he is a party candidate from the constituency.]

21. Contested election and allocation of symbols.--(1) If there are more contesting candidates than one in respect of any constituency, the Returning Officer shall (a) allocate, subject to any direction of the Commission, one of the prescribed symbols to each contesting candidate; and in so doing shall, so tar as possible, have regard for any preference indicated by the candidate at the time of filing his nomination papers;

(b) publish in such manner as the Commission may direct the names of the contesting candidates arranged in the Urdu alphabetical order specifying against each the symbol allocated to him; and

Provided that the Commission may, on an application made to it in this behalf, allot one of the prescribed symbols to any political party or a combination of two or more political parties who have agreed to put up joint candidates for election.

(2)The Returning Officer shall arrange to exhibit prominently at each polling station the name of and symbol of each contesting candidate.

(3) 19[****] Omitted.

(4) 20[****] Omitted.

22. Election Agent.--(1)A candidate may appoint a person qualified to be elected as a member to be his election agent.

(2)The appointment of an election agent may, at any time. be revoked in writing by the candidate and, when it is so revoked or the election agent dies, another person may be appointed by the candidate to be his election agent.

(3) When an election agent is appointed, the candidate shall send to the Returning Officer a notice in writing of the appointment containing the name, father's name and address of the election agent.

(4) Where no appointment of an election agent is made under this section, a candidate shall be deemed to be his own election agent and shall, so far as the circumstances permit, be subject to the provisions of this Act both as a candidate and as an election agent.

23. Polling agent.--(1)The contesting candidate or his election agent may, before the commencement of the poll, appoint for each polling station as many polling agents as may be prescribed and shall give notice thereof in writing to the Presiding Officer.

Proviso 21[*****] Omitted.

(2) The appointment of a polling agent under sub-section (1)may at any time be revoked by the candidate or his election agent and, when it is so revoked or the polling agent dies, another person may be appointed by the candidate or the election agent to be a polling agent; and a notice of such appointment shall be given to the Presiding Officer.

24. Absence of candidates etc., not to invalidate acts, etc.--Where any act or thing is authorised by this Act to be done in the presence of the candidate, an election agent or a polling agent, the failure of such person to attend at the time and place appointed for the purpose shall not invalidate any act or thing otherwise validly done.

25. One day poll.--Polls for a general election for an Assembly shall be held on the same day and the polls for National Assembly seats and the Provincial Assembly seats may be held simultaneously:
Provided that, if the Commission is satisfied that polls cannot take place in a constituency on account of a natural calamity or for any other reason beyond its control, the Commission may fix another day for holding the poll in that constituency.

26. Hours of the poll.-The Commission shall fix the hours, which shall not be less than eight, during which the poll shall be held and the Returning Officer shall give public notice of the hours so fixed and hold the poll accordingly.

27. Stopping of the poll.- (1)The Presiding Officer of a polling station shall stop the poll and inform the Returning Officer that he has done so if -

(a) the poll at the polling station is, at any time, so interrupted or obstructed for reasons beyond the control of the Presiding Officer that it cannot be resumed during the polling hours fixed under section 26;and

(b) any ballot box used at the polling station is unlawfully taken out of the custody of the Presiding Officer, or is accidentally or intentionally destroyed, or is lost or is damaged or tampered with to such an extent that the result of the poll at the polling station cannot be ascertained.

(2) Where a poll has been stopped under sub-section (1)the Returning Officer shall immediately report the circumstances to the Commission and the Commission shall direct a fresh poll at that polling station, unless it is satisfied that the result of the election has been determined by the polling that has already taken place at that polling station, taken with the result of the polling at other polling stations, in the same constituency.

(3) Where the Commission orders a fresh poll under pub-section (2),it shall, by notification in the official Gazette,

(a) appoint a day for a fresh poll and fix the place at which and the hours during which such fresh poll shall be taken; and

(b) the Returning Officer shall give public notice of the day so appointed and the
place and hours so fixed.

(4) At a fresh poll taken under sub-section (3)at a polling station all electors entitled to vote there at shall be allowed to vote and no vote cast at the poll stopped under sub-section (1) shall be counted; and the provisions of this Act and the rules and orders made thereunder shall apply to such fresh poll.

28. Election by secret ballot.-An election under this Act shall be decided by secret ballot and, subject to the provisions of section 29 every elector shall cast his vote by inserting in accordance with the provisions of this Act, in the ballot box, a ballot paper in the prescribed form.

29. Postal ballot.--(1)The following persons may cast their votes by postal ballot in such manner as may be prescribed, namely:

(a) a person referred to in sub-section (3) or sub-section (4) or subsection (5) of section 7 of the Electoral Rolls Act,1974 (XXI of 1974); and

(b) a person appointed by the Returning Officer, including police personnel, for the performance of any duty in connection with an election at polling station other than the one at which he is entitled to cast his vote.

(2) An elector who, being entitled to do so, intends to cast his vote by postal ballot shall,

(a) in the case of a person referred to in clause (a)of sub-section (1),within such time as may be specified by the Commission soon after the issue of the notification under section 11;and

(b) in the case of a person referred to in clause (b) of sub-section (1),as soon as may be after his appointment, apply to the Returning Officer of the constituency in which he is an elector for a ballot paper for voting by postal ballot; and every such application shall specify the name of the elector, his address and his serial number in the electoral roll.

(3) The Returning Officer shall immediately upon the receipt of an application by an elector under sub-section (2)send by post to such elector a ballot paper and an envelope bearing on its face a form of certificate of posting, showing the date thereof, to be filled in by the proper official of the Post Office at the time of posting by the elector.

(4) An elector on receiving his ballot paper for voting by postal ballot shall record his vote in the prescribed manner and, after so recording, post the ballot paper to the Returning Officer in the envelope sent to him under sub-section (3),so as to reach the Returning Officer before the consolidation of results by him.

30. Ballot Boxes.--(1)The Returning Officer shall provide each Presiding Officer with such number of ballot boxes as may be necessary.

(2) The ballot boxes shall be of such material and design as may be approved by the Commission.

(3) Not more than one ballot box shall be used at a time for the purpose of the poll at any polling station, or at any polling booth, where there are more than one polling booths at a polling station.

(4) Before the time fixed for the commencement of the poll, the Presiding Officer shall-
(a) ensure that every ballot box to be used is empty;

(b) show the empty ballot box to the contesting candidates and their election agents or polling agents whoever may be present, and record their statements in this behalf in the prescribed form and obtain their signatures on them;

(c) after the ballot box has been shown to be empty, close and seal it with his own seal and with the seal of such of the candidates, or their election agents or polling agents as may be present and may desire to put their own seals on it; and

(d) place the ballot box so as to be conveniently accessible to the electors, and at the same time within his view and within the view of such candidates or their election agents or polling agents as may be present.

(5) If one ballot box is full or cannot further be used for receiving ballot papers, the Presiding Officer shall seal that ballot box with his own seal and with the seals of the candidates or their polling agents who may wish to seal it and keep it in a secure place in the polling station and use another ballot box in the manner laid down in sub-section(4).

(6) A Presiding Officer shall make such arrangements at the polling station that every elector may be able to secretly mark his ballot paper before folding and inserting it in the ballot box.

31. Admission to the polling station.--The Presiding Officer shall, subject to such instructions as the Commission may give in this behalf, regulate the number of electors to be admitted to the polling station at a time and shall exclude from the polling station all other persons except-

(a) any person on duty in connection with the election;

(b) the contesting candidates, their election agents and polling agents; and

32. Maintenance of order at the polling station.--(1)The Presiding Officer shall keep order at the polling station and may remove or cause to be removed any person who misconducts himself at a polling station or fails to obey any lawful orders of the Presiding Officer.

(2) Any person removed under sub-section (1)from a polling station shall not, without the permission of the Presiding Officer, again enter the polling station during the poll and shall, if he is accused of an offence in polling station, be liable to be arrested without warrant by a Police Officer.

(3) The powers under this section shall be so exercised not to deprive an elector of an opportunity to cast his vote at the polling station at which he is entitled to vote.

33. Voting procedure.--(1)Where an elector presents himself at the polling station to vote, the Presiding Officer shall issue a ballot paper to the elector after satisfying himself about the identity of the elector and shall, for that purpose, require the elector to produce his identity card provided for in the National Registration Act,1973 (LVI of 1973) ²²[or issued under the National Database and Registration Authority Ordinance, 2000 (VIII of 2000)].

(2) Before a ballot paper is issued to an elector

(a) 23[****] Omitted.

(b)the number and name of the elector as entered in the electoral roll shall be called out;

(c) the entry relating to the elector on the electoral roll shall be struck off to indicate that a ballot paper has been issued to him;

(cc) he shall be required to receive a personal mark, made with indelible ink, on any finger of either hand as indicated by the Commission;

(d) the ballot paper shall be stamped on its back with the official mark and signed by the Presiding Officer; and

(e) the Presiding Officer shall record on the counterfoil of the ballot paper the number of the elector on the electoral roll the number of National Identity Card of the elector, stamp it with the official mark, sign it and obtain on it the thumb impression of the elector.

(3) A ballot paper shall not be issued to a person who-

(a) fails or refuses to produce his identity card provided for in the National Registration Act,1973 (LVI of 1973) ²⁴[or issued under the National Database and Registration Authority Ordinance,2000 (VIII of 2000)];.

(b) 25[****] Omitted.

(c) refuses to put his thumb impression on the counterfoil or whose thumb bears traces of its having already been used for putting an impression; or

(d) refuses to receive the personal mark with indelible ink or who already bears such a mark or traces of such a mark.

(4) If a contesting candidate or his election agent or polling agent alleges that an elector to whom a ballot paper is about to be issued already has one or more ballot papers
in his possession, the Presiding Officer may require the elector to satisfy him that he does not have any other ballot paper in his possession and may also take such measures as he
thinks fit to ensure that such elector does not insert more than one ballot paper in the ballot box.

(5) On receiving the ballot paper, the elector shall (a)forthwith proceed to the place reserved for marking the ballot paper;

(b) put the prescribed mark on the ballot paper at any place within the space containing the name and symbol of the contesting candidate for whom he wishes to vote; and

(6) The elector shall vote without undue delay and shall leave the polling station immediately after he has inserted his ballot paper in the ballot box.

(7) Where an elector is blind or is otherwise so incapacitated that he cannot vote
without the assistance of a companion, the Presiding Officer shall allow him such assistance and thereupon such elector may do with such assistance anything which an elector is required or permitted to do under this Act.

34. Tendered ballot papers.--(1)if a person representing himself to be an elector applies for a ballot paper when another person has already represented himself to be that elector and has voted under the name of the person so applying, he shall be entitled, subject to the provisions of the section to receive a ballot paper (hereinafter referred to as "tendered ballot paper " in the same manner as any other elector.

(2) A ballot paper issued under sub-section (1) shall, after it has been marked and folded by the elector, be placed in the same condition in separate packet bearing the label "Tendered Ballot Paper " instead of being placed in the ballot box and shall not be included in the count by the Presiding Officer or the Returning Officer.

(3) The name of the person applying for a ballot paper under sub-section (1)and his number on the electoral roll shall be entered in a list (hereinafter referred to as "the tendered votes list ")to be prepared by the Presiding Officer.

35. Challenge of electors.--(1) If, at the time a person applies for ballot paper for the purpose of voting, a candidate or his polling agent declares to the Presiding Officer that he has reasonable cause to believe that person has already voted at the election, at the same or another polling station, or is not the person against whose name entered in the electoral roll he is seeking to vote, and undertakes to prove the charge in a court of law and deposits with the Presiding Officer in cash a sum of two rupees, the Presiding Officer may, after warning the person of the consequences and obtaining on the counterfoil, his thumb impression and if he is literate also his signature issue a ballot paper (hereinafter referred to as "challenged ballot paper ")to that person.

(2) If the Presiding Officer issues a ballot paper under sub-section (1)to such person he shall enter the name and address of that person in a list to be prepared by him (hereinafter referred to as "the challenged votes list ")and obtain thereon the thumb impression and, if he is literate, also the signature of that person.

(3) A ballot paper issued under sub-section (1) shall, after it has been marked and folded by the elector, be placed in the same condition in a separate packet bearing the label "Challenged Ballot Papers ",instead of being placed in the ballot box.

36. Spoilt ballot paper.--(1)An elector who has inadvertently so spoilt his ballot paper that it cannot be used as a -valid ballot paper may, upon proving the fact of inadvertence to the satisfaction of the Presiding Officer and returning the ballot paper to him, obtain another ballot paper and cast his vote by such other ballot paper.

(2) The Presiding Officer shall forthwith cancel the ballot paper returned to him under sub-section (1),make a note to that effect on the counterfoil over his own signatures and sign the cancelled ballot paper, and place it in a separate packet bearing the label "Spoilt Ballot Papers ".

37. Voting after close of poll.--No person shall be given any ballot paper or be permitted to vote after the hour fixed for the close of the poll, except the persons who at that hour are present within the building, room, tent or enclosure in which the polling station is situated and have not voted but are waiting to vote.

38. Proceedings at the close of poll.--(1)The Presiding Officer shall count the votes immediately after the close of the poll in the presence of such of the contesting candidates, election agents and polling agents as may be present.

(2) The Presiding Officer shall give such of the contesting candidates, election agents and polling agents as may be present reasonable facility of observing the count and give them such information with respect thereto as can be given consistent with the orderly conduct of the count and the discharge of his duties in connection therewith.

(3) No person other than the Presiding Officer, the Polling Officer, any other person on duty in connection with the poll, the contesting candidates, their election agents and polling agents shall be present at the count.

(4)The Presiding Officer shall

(a) open the used ballot box or ballot boxes and count the entire lot of ballot papers taken out therefrom;

(b) open the packet bearing the label "Challenged Ballot Papers "and count them;

(c) count, in such manner as may be prescribed, the-votes cast in favour of each contesting candidate excluding from the count the ballot papers which bear

(i) no official mark and signature of the Presiding Officer ;

(ii) any writing or any mark other than the official mark, the signature of the Presiding Officer and the prescribed mark or to which a piece of paper or any other object of any kind has been attached ;

(iii) no prescribed mark to indicate 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 invalid.

(5) The Presiding Officer may recount the votes

(a) of his own motion if he considers it necessary; or

(b) upon the request of a contesting candidate or an election agent present if, in his opinion, the request is not unreasonable.

(6) The valid ballot papers cast in favour of each contesting candidate shall be put in separate packets and each such packet shall be sealed and shall contain a certificate as to the number, both in letters and figures, of the ballot papers put in it and shall also indicate the nature of the contents thereof, specifying the name and symbol of the contesting candidate to whom the packet relates.

(7) The ballot papers excluded from the count shall be put in a separate packet indicating thereon the total number both in letters and figures of the ballot papers, contained therein.

(8) The packets mentioned in sub-sections (6)and (7)shall be put in a principal packet which shall be sealed by the Presiding Officer.

(9) The Presiding Officer shall, immediately after the count, prepare a statement of the count in such form as may be prescribed showing therein the number of valid votes polled by each contesting candidate and the ballot papers excluded from the count.

(10) The Presiding Officer shall also prepare in the prescribed form a ballot paper account showing separately

(a) the number of ballot papers entrusted to him;

(b) the number of un-issued ballot papers;

(d) the number of tendered ballot papers;

(e) the number of challenged ballot papers; and

(f) the number of spoilt ballot papers.

(11) The Presiding Officer shall give a certified copy of the statement of the count and the ballot paper account to such of the candidates, their election agents or polling agents as may be present and obtain a receipt for such copy.

(12) The Presiding Officer shall seal in separate packets--

(a) the un-issued ballot papers;

(b) the spoilt ballot papers;

(d) the challenged ballot papers;

(e) the marked copies of the electoral rolls;

(f) the counterfoils of used ballot papers;

(g) the tendered votes list;

(h) the challenged votes list; and

(i) such other papers as the Returning Officer may direct.

(13) The Presiding Officer shall obtain on each statement and packet prepared under this section the signature of such of the contesting candidates or their election agents or polling agents as may be present and, if any such person refuses to sign, the Presiding Officer shall record that fact.

(14) A person required to sign a packet or statement under sub-section (13)may,
if he so desires, also affix his seal to it.

(15) After the close of the proceedings under the foregoing subsections, the Presiding Officer shall, in compliance with such instructions as may be given by the Commission in this behalf cause the packets, the statement of the count and the ballot paper account prepared by him to be sent to the Returning Officer together with such other records as the Commission may direct.

39. Consolidation of results.--(I)The Returning Officer shall give the contesting candidates and their election agents a notice in writing of the day, time and place fixed for the consolidation of the results, and, in the presence of such of the contesting candidates and election agents as may be present consolidate in the prescribed manner the results of
the count furnished by the Presiding Officers, including therein the postal ballots received by him before the time aforesaid.

(2) The consolidation proceedings shall be held without any avoidable delay as soon as possible after the polling day.

(3) Before consolidating the results of the count, the Returning Officer shall examine the ballot papers excluded from the count by the Presiding Officer and, if he finds that any such ballot paper should not have been so excluded, count it as a ballot paper cast in favour of the contesting candidate for whom the vote has been cast thereby.

(4) The Returning Officer shall also count the ballot papers received by him by post in such manner as may be prescribed and include the votes cast in favour of each contesting candidate in the consolidated statement except those which he may reject on any of the grounds mentioned in sub-section (4)of section 38.

(5) The ballot papers rejected by the Returning Officer under sub-section (4) shall be shown separately in the consolidated statement.

(6)The Returning Officer may recount the ballot papers-

(a) upon the request of, or challenge in writing made by, a contesting candidate or his election agent, if the Returning Officer is satisfied that the request or the challenge is reasonable; or

(b) if so directed by the Commission, in which case the recount shall be held in such manner and at such place as may be directed by the Commission.

40. Resealing of packets and supply of copies.--The Returning Officer shall-

(a) immediately after preparing the consolidated statement and the return of election, reseal in the prescribed manner the packets and statements opened by him for the purpose of consolidation, permitting such of the candidates and their election agents as may be present to sign the packets and affix their seals to such packets; and

(b) supply duly attested copies of the consolidated statement and the return of election to such of the candidates and their election agents as may be present.

41.Equality of votes.--(1) Where, after consolidation of the results of the count under section 39,it appears that there is equality of votes between two or more contesting candidates and the addition of one vote for one such candidate would entitle him to be declared elected, the Returning Officer or the Commission, as the case may be, shall forthwith draw a lot in respect of such candidates and the candidate on whom the lot falls shall be deemed to have received the highest number of votes entitling him to be declared elected.

(2)The lot shall be drawn in the presence of such of the contesting candidates and their election agents as may be present.

(3) The Returning Officer or the Commission, as the case may be, shall keep, record of the proceedings and obtain thereon the signature of such of the candidates and election agents as have been witness to the proceedings, and if any such person refuses to sign, such fact shall be recorded.

42. Declaration of results.--(1)The Returning Officer shall, after obtaining the result of the count under section 39 or of the drawal of the lots under section 41,intimate the results of the count to the Commission which shall declare by public notice the contesting candidate who has or is deemed to have received the highest number of votes to be elected.

(2) The public notice shall contain the name of, and the total number of votes received by, each contesting candidate as a result of consolidation under section 39 or as a result of drawal of lots under section 41.

(3) The Returning Officer shall, immediately after the count, submit to the Commission a copy of the consolidated statement in the prescribed form.

26[(3A) Every returned candidate shall, within ten days from the poll of an election, submit a return of election expenses in accordance with the provisions of section 50.]

(4)The Commission shall publish in the official Gazette the name of the returned
candidate.

27[Provided that the result of a returned candidate shall not be published who fails to submit the return of expenses specified in subsection (3A)].

28[42A.Yearly submission of statements of assets and liabilities.(1)Every member shall, on a form prescribed under clause (f)of sub-section (2)of section 12,submit a statement of assets and liabilities of his own, his spouse and dependents annually to the Commission by the thirtieth day of September each year.

(2) The statements of assets and liabilities submitted under sub-section (1)shall be published in the official Gazette and copies thereof may be obtained on payment of prescribed fee.

(3) The Commissioner shall, by the fifteenth day of October each year; notify the names of the members who fail to file statements of assets and liabilities within the period specified in sub-section (1)and by an order, direct that such member shall cease to function till such statement is submitted.

(4) Where a member submits the statement of assets and liabilities under sub-section (1) which is found to be false in material particulars, he may be proceeded against under section 82 for committing the offence of corrupt practice.]

43. Return or forfeiture of deposit.--(1)After the termination of the proceedings relating to an election under section 18 where the proceedings have been so terminated and the contesting candidate does not want to utilise his security deposit for a subsequent
election, or after the declaration of the result of an election under section 20 or section 42 the deposit made under section 13,in respect of any candidate shall be returned to the person making it or to his legal representative, except the deposit in respect of a candidate who has received less than one-eight of the total number of votes cast at the election.

Provided that a deposit shall not be required to be returned after six months of the termination of the proceedings or, as the case may be, the declaration of the result of the election, as aforesaid.

(2) A deposit which is not required to be returned under sub-section (1) shall be forfeited to the Federal Government.

44. Documents to be sent to, and retained by, the Commission.--The Returning Officer shall forward to the Commission

(a) the packets containing the ballot papers each of which shall be sealed with the seal of the Presiding Officer, or, if opened by the Returning Officer, with the seal of the Returning Officer;

(b) the packets containing the counterfoils of issued ballot papers;

(d) the packets containing the ballot paper account;

(e) the packets containing the tendered ballot papers, the challenged ballot papers, the tendered votes list and the challenged votes list; and

(f) such other papers as the Commission may direct.

(2) The Returning Officer shall endorse in each packet forwarded under sub-section (1)the description of its contents, the date of the election to which the contents relate and the name and number of the constituency for which the election was held.

(3) The Commission shall retain the documents contained in the packets received under subsection (1)for a period of one year from the date of their receipt and thereafter shall, unless otherwise directed by a Tribunal, cause them to be destroyed.

45. Public inspection of documents.--The documents retained by the Commission under section 44,except the ballot papers, shall be open to public inspection at such time and subject to such conditions as may be prescribed, and the Commission shall, upon an application made in this behalf and on payment of such fee and subject to such conditions as may be prescribed, furnish copies of, or extracts from, those documents.

46. Order for production of documents.--(1) A Tribunal may order the opening of packets of counterfoils and certificates or the inspection of any counted ballot papers.

(2) An order under sub-section (1)may be made subject to such conditions as to persons, time, place and mode of inspection, production of documents and opening of packets as the Tribunal making the order may think expedient Provided that in making and carrying into effect an order for the inspection of counted ballot papers, care shall be taken that no vote shall be disclosed until it has been held by the Tribunal to be invalid.

(3) Where an order is made under sub-section (1),the production by the Commission of any document in such manner as may be directed by the order shall be conclusive evidence that the document relates to the election specified in the order and any endorsement on any ballot papers or packet of ballot papers or documents so produced shall be prima facie evidence that the ballot papers or documents are what the endorsement states them to be.

(4) The production from proper custody of a ballot paper purporting to have been used at an election and of a numbered counterfoil bearing the signature or thumb impression of the elector shall be prima facie evidence that the elector whose vote was given by that ballot paper was the elector who had on the electoral rolls the same number as was written on the counterfoil.

(5) Save as is provided in this section no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the Commission.

29[CHAPTER V-A
ELECTION TO RESERVED SEATS

47A. Party lists for reserved seats, etc.--(1) For the purpose of election to seats reserved for women and non-Muslims in the National Assembly and Provincial Assemblies, the political parties contesting election for such seats shall, within the period fixed by the Election Commission for submission of nomination papers, file separate lists of their candidates in order of priority for seats reserved for women and non-Muslims with the Chief Election Commissioner or, as he may direct, with the Provincial Election Commissioner, who shall forthwith cause such lists to be published for information of the public at large.

(2) The parties' lists referred to in clause (1)may contain as many names of additional candidates as a political party may deem necessary for contesting seats reserved for women and non-Muslims to provide for any disqualification of candidates during scrutiny of nomination papers or for filling of any vacant seat during the terms of National Assembly and Provincial Assemblies, as the case may be.

(3) Where a seat reserved for women or non-Muslims in the National Assembly or a Provincial Assembly falls vacant for death, resignation or disqualification of a member, it shall be filled in by the next person in order of precedent from the party's list of the candidates submitted to the Election Commission under clause (1).

(4) Every candidate contesting election on a seat reserved for women or non-Muslims shall, alongwith the nomination papers and other relevant documents, submit to the Returning Officer appointed by the Election Commission in this behalf

(a) a copy of the party list of the candidate 's political party for such seats;

(b) declarations and statements as required by law or rules in support of the nomination; and

CHAPTER VI
ELECTION EXPENSES

30[48.Definitions.-For the purpose of this Act, "election expenses " means any expenditure incurred before, during and after an election or payment made, whether by way of gift, loan, advance, deposit or otherwise, for the arrangement, conduct or benefit of, or in connection with or incidental to the election of a candidate, including the expenditure on account of issuing circulars or publications, but does not include the deposit made under section 13.

49. Restriction on election expenses.--(1)No person other than the candidate shall incur any election expenses of such candidate:

Provided that where any person incurs any election expenses on behalf of such candidate, whether for stationery, postage, telegrams, advertisement, transport or for any other item whatsoever, such expenses shall be deemed to be the election expenses incurred by the candidate himself.

(2) The election expenses of a contesting candidate shall not exceed, in the case of an election to a seat in the National Assembly, one million and five hundred thousand rupees and, in the case of an election to a seat in a Provincial Assembly, one million rupees.

(3) A candidate shall, through bills, receipts and other documents, vouch for every payment made in respect of election expenses, except where the amount is less than five hundred rupees.

50. Return of election expenses.-(1)Every contesting candidate, other than the returned candidate, shall submit the return of his election expenses within thirty days of the publication of the name of the returned candidate.,

(2) The return of election expenses of the returned candidate referred to in sub-section (3A)of section 42 and of every contesting candidate referred to in sub-section (1)shall be submitted to the Returning Officer in the prescribed form containing

(a) a statement of all payments made by him together with all bills and receipts;

(b) a statement of all disputed claims;

(d) a statement of all moneys, securities or equivalent of money received from, or spent, by any person for the benefit of the candidate, specifying the name of every such person.

(3) The returns submitted under sub-section (2)shall be accompanied by an affidavit of the candidate in the prescribed form.

51. Inspection of returns, etc.--(1)The returns and documents submitted under section 50 shall be kept by the Returning Officer in his office or at such other convenient place as he may think fit and shall, during one year from the date of their receipt by him, be open to inspection by any person on payment of the prescribed free.

(2) The Returning Officer shall, on an application made in this behalf and payment of the prescribed fee, give any person copies of any return or document kept under sub-section (1)].

CHAPTER VII
ELECTION DISPUTES

52. Election petition.--No election shall be called in question except by an election petition made by a candidate for that election (hereafter in this Chapter referred to as the petitioner.

(2) An election petition shall be presented to the Commissioner within forty-five days of the publication in the official gazette of the name of the returned candidate and shall be accompanied by a receipt showing that the petitioner has deposited at any branch of the National Bank of Pakistan or at a Government Treasury or sub-Treasury in favour of the Commissioner, under the prescribed head of account, as security for the costs of the petition, a sum of one thousand rupees:

53. Presentation of petition.--(1)An election petition shall be presented by a petitioner and shall be deemed to have been presented

(a) when it is delivered in person to the Secretary to the Commission or to such other officer as may be appointed by the Commission in that behalf,

(i) by the petitioner; or

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

(b) when delivered by registered post to the Secretary to the Commission or to such other officer as aforesaid.

(2) An election petition, if sent by registered post, shall be deemed to have been presented in time if it is posted within the period specified in sub-section (2)of section 52.

54. Parties to the petition.--The petitioner shall join as respondents to his election petition

(a) all contesting candidates; and

(b) any other candidate against whom any allegation of any corrupt or illegal practice is made and shall serve personally or by registered post on each such respondent a copy of the petition.

Explanation.-In this section and in the following provisions of this chapter, "corrupt or illegal practice" means a "corrupt practice" or an "illegal practice" within the meaning of Chapter VIII.

55. Contents of petition.--(1) Every election petition shall contain

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

(b) full particulars of any corrupt or illegal practice or other illegal act alleged to have been committed, including as full a statement as possible of the names of the parties alleged to have committed such corrupt or illegal practice or illegal act and the date and place of the commission of such practice or act; and

(2) A petitioner may claim as relief any of the following declarations, namely: