The North-west Frontier Province Local Government (second Amendment) Ordinance, 1979


THE NORTH-WEST FRONTIER PROVINCE LOCAL GOVERNMENT (SECOND AMENDMENT) ORDINANCE, 1979.
N.-W. F. P. ORDINANCE NO. VII OF 1979.
Peshawar, the 18th September, 1979.
AN
ORDINANCE
further to amend the North-West Frontier Province Local Government Ordinance, 1979.


WHEREAS it is expedient further to amend the North-West Frontier Province Local Government Ordinance, 1979(N.-W. F. P. Ord. IV of 1979), in the manner here in after appearing;

Preamble

AND WHEREAS the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read with the Law (Continuance in Force) Order, 1977 (G M. L. A. Order No. I of 1977), and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance;


1.         (1) This Ordinance may be called the North-West Frontier Province Local Government (Second Amendment) Ordinance, 1979.

Short title and commencement

(2) It shall come into force at once.


2.         In the North-West Frontier Province Local Government Ordinance,1979 (N.-W. F. P. Ord. IV of 1979), hereinafter referred to as the said Ordinance in section 28,—

Amendment of section of 28 of N W F P Ord IV of 1979

  1. in clause (e), the word "and" shall be deleted;
  2. in clause (f), the ful-stop shall be replaced a semi-colon and thereafter the word " and" shall be added; and
  3. after clause (f), as so amended, the following new clause shall be added, namely;

“(g) if he is for the time being disqualified from being elected or chosen as a member of Parliament or of a Provincial Assembly under any law for the time being in force.".


3.         In the said Ordinance, after section 3 the following new section, shall be added, namely:

Addition of Certain Sections to N.W.F.P Old iv of 1979.

 

"39A. Election Petition.—No election under this Ordinance shall be called in question, except by an election petition made by a candidate for that election.
39B. Election Tribunal.—(1) For the trial of an election petition Government shall, by notification, appoint an officer to be an Election Tribunal for such area as may be specified in the notification.
(2) Where the person constituting an Election Tribunal i s succeeded by another, the trial of a petition shall continue before the person succeeding and any evidence already recorded shall remain upon the record and it Shall not be necessary to re-examine the witnesses who have already been examined and discharged.
39C. Procedure for trial of election petition.— Subject to the provisions of this Ordinance, every election petition shall be made and tried in such manner as may be prescribed.
39D. Powers of Election Tribunal.—The Election Tribunal shall have all the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908 (V of 1908), and shall be deemed to be a Civil Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (V of 1898).
39E.  Decision of the Election Tribunal.—(1) The Election Tribunal may upon the conclusion of the trial of an election petition, make an order

  1. dismissing the petition;
  2. declaring the election of the returned candidate to be void;
  3. declaring the election of the returned candidate to be void and the petitioner or any other contesting candidate to have been duly elected: or.

(d)    declaring the election as a whole to be void.

  1. The decision of the Election Tribunal on an election petition shall be final and shall not be called in question in any Court or before any other authority.
  2. The decision of the Election Tribunal shall take effect from the date on which it is made and shall be communicated to the Election Authority.

39F.  Ground for declaring election of returned candidate void.—(1) The Election Tribunal shall declare the election of the returned candidate to be void if it is satisfied that—
(a)     the nomination of the returned candidate was invalid; or
(b)     the returned candidate was not, on the nomination day, qualified for, or was disqualified from being elected as a member ;or

 

  1. the election of the returned candidate has been procured or induced by any corrupt or illega1 practice; or
  2. a corrupt or illegal practice has been committed by the returned candidate or his election agent or by any other person with the connivance of the candidate or his election agent.

(2) The election of a returned candidate shall not be declared void on the ground—
(a)     that any corrupt or illegal practice has been committed, if the Election Tribunal is satisfied that it was not committed by, or with the consent or connivance of that candidate or his election agent and that the candidate and the election agent took a reasonable precaution to prevent it commission; or
(b)     that any of the other contesting candidate was, on the nomination day, not qualified for or was disqualified from being elected as a member.
39G.    Ground for declaring a Person other than a returned candidate elected. The Election Tribunal shall declare the election of the returned candidate to be void and the petitioner or any other contesting candidate to have been duly elected, if it is so claimed by the petitioner or any of the respondents and the Election Tribunal is satisfied that the petitioner or such contesting candidate was entitled to be declared elected.
39H.    Ground for declaring election as a whole void.—The Election Tribunal shall declare the election as a whole to be void if it is satisfied that the result of the election has been materially affected by reason of—
(a)     the failure of any person to comply with the provisions of this Ordinance or the rules, or
(b)     the prevalence of extensive corrupt or illegal practice at the election.
39.       (1) Decision in case of equality of votes.—(1) Where after the conclusion of the trial, it appears that there is an 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 Election Tribunal shall 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) Before proceeding to draw a lot under sub-section (1), the Election Tribunal shall give notice to the contesting candidates between whom there is an equality of votes and shall proceed to draw a lot on the day and at the time and place state-in the notice:

 

Provided that, if the contesting candidates are present when it apears that there is an equality of votes, between them, the Election Tribunal may proceed forthwith to draw a lot without giving notice as aforesaid.
39J.   Dlegal Practice.—(1) A person is guilty of illegal practic if he

  1. obtains or procures or attempts to obtain or procure, the assistance of any person in the service of Pakistan to further or hinder the election of a candidate;
  2. votes or applies for a ballot paper for voting at an election knowing that he is not qualified for, or is disqualified from voting;
  3. votes or applies for a ballot paper for voting more than once in the same polling station;
  4. votes or applies for a ballot paper for voting more than once polling station for the same election;
  5. removes a ballot paper from a polling station during the pool; or
  6. knowingly induces or procures any person to do any of the aforesaid acts.

(2) Any person guilty of illegal practice shall be punishable with fine which may extend to five thousand rupees.
39K. Prohibition of convassing in or near polling station.—A person is guilty of an offence punishable with fine which may extend to two thousand rupees if he, within a radius of four hundred yards of the polling station, on the polling day.—

  1. canvasses for votes:
  2. solicits the vote of any elector;
  3. persuades any elector not to vote at the election or for a particular candidate: or

(d)    exhibits, except with the permission of the Returning Officer and at a place reserved for the candidate or his election agent beyond the radius of one hundred yards of the polling station, any notice, sign, banner or flag designed to encourage the electors to vote or discourage the electors from voting, for any contesting candidate.

 

39L.     Disorderly conduct near polling station—A person is guilty of an offence punishable with imprisonment for a term which may extend to three months, or with fine, or with both, if he, on the polling day—

  1. uses, in such manner as to be audible within the polling station any gramophone, megaphone, loudspeaker or other apparatus for reproducing or amplifying sounds;
  2. persistently shouts in such manner as to be audible within the polling station;
  3. docs any act which—

         (i)      disturbs or causes annoyance to any elector visiting polling station for the purpose of voting; or
(ii)     interferes with the performance of the duty of a Presiding Officer, Assistant Presiding Officer, Polling Officer or any other person performing any duty at a polling station; or
(d)    abets the doing of any of the aforesaid acts.
39 M.   Tempering with papers—(1) Except as provided in sub-section(2) a person is guilty of an offence punishable with imprisonment for a term which may extend to six months, or with fine, or with both, if he—
(a)     intentionally defaces or destroys any nomination paper, ballot paper or official mark on a ballot paper.
(b)     intentionally takes out of the polling station any ballot paper or puts into any ballot box any ballot paper other than the ballot paper he is authorised by law to put in;
(c)     without due authority,
(i)      supplies any ballot paper to any person;
(ii)     destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot pepers in use for the purpose of election;
(iii)    breaks any seal affixed in accordance with the provision of this Ordinance or the rule made thereunder;
(iv)    forges any ballot paper or official mark; or
(v)     causes any delay or interruption in the beginning, conduct or completion of the procedure required to be immediately carried out on the close of the poll.
(2) A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer or any other officer or clerk on duty in

 

connection with the election who is guilty of an offence under sub-section (1), shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both.
39N. Interference with the secrecy of voting.—A person is guilty of an offence punishable with imprisonment for a term which may extend to $ix months, or with fine, or with both, if he—

  1. interferes or attempts to interfere with an elector when he records his vote;
  2. in any manner obtains or attempts to obtain in a polling station information as to the candidate for whom an elector is about to vote or has voted; or

(c)     communicates at any time any information obtained in a polling station as to the candidate for whom an elector is about to vote or has voted.
39-O. Failure to maintain secrecy—A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, or Polling Officer or any candidate, election agent or polling agent attending a polling station, or any person attending at the counting of votes is guilty of an offence punishable with imprisonment for a term which may extend to six months, or with fine, or with both, if he—

  1. fails to maintain or aid in maintaining the secrecy of voting;
  2. communicate, except for any purposes authorised by any law, to any person before the poll is closed any information as the official mark; or

(c)     communicates any information obtained at the conducting of votes as to the candidate for whom any vote is given by any particular ballot paper.
39-P. Official not to influence voters.—A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, Polling Officer or any other officer or clerk performing a duty in connection with an election, or any member or a police force, is guilty of an offence punishable with imprisonment for a term which may extend to six months, or with fine, or with both, if he, in the conduct or management of an election or maintenance of order at a polling station—

  1. persuades any person to give his vote;
  2. dissuades any person from giving his vote;
  3. influences in any manner the voting of any person; or

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

 

39.Q.   Breaches of official duty in connection with election.—A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer or any other person employed by any such officer in connection with his official duties imposed by 01 under this Ordinance is guilty of an offence punishable with imprisonment for a term which may extend to two years, or with fine, or with both if he, wilfully and without reasonable cause, commits breach of any such official duty, by act or omission.
39R.    Certain offences to be cognizable.—An offence punishable under section 39J or section 39K or section 39L or section 39M or section 39N or section 39-0 or section 39P or section 39Q shall be a cognizable offence.
39-S.    Prosecution of offences under this Chapter—Notwithstanding anything contained in Chapter XX of this Ordinance, no Court shall take cognizance of an offence under section 39J, section 39K, section 39L, section 39M. section 39 N. section 390, section 39P or section 39Q, except upon a complaint in writing made by order of, or under authority from, the Election Authority".

 

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