RULE

BALOCHISTAN LOCAL COUNCIL'S DELIMITATION (APPEAL) RULES, 1996 BALOCHISTAN LOCAL COUNCIL'S DELIMITATION (APPEAL) RULES, 1996 [Gazette of Balochistan, Extraordinary, 30th June, 1996] No. 8‑372/92(BLCEA), dated 2‑1‑1996.‑‑In exercise of the powers conferred by section 150 read with section 9 of the Balochistan Local Government (Election) Rules, 1983, the Government of Balochistan is pleased to make the following Rules, namely:‑‑ CHAPTER I 1. Short title and commencement.‑‑(1) These Rules may be called the Balochistan Local Council's Delimitation (Appeal) Rules, 1996. (2) They shall come into force at once. 2. Definitions.‑‑In these rules unless there is anything repugnant in the subject or context:‑‑ (a) "Appeal" means an appeal against the orders made or passed by the Delimitation Officer under the Balochistan Local Government (Election) Rules, 1983; (b) "Appellate Authority" means the Authority competent to hear appeals under sub‑rule (1) of rule 9 of the Balochistan Local Government (Election) Rules, 1983; (c) "Authority" means the Election Authority appointed under section 18 of the Ordinance; (d) "Delimitation Officer" means a person appointed under rule 6 of the Balochistan Local Government (Election) Rules, 1983; . (e) "electoral Unit" means a portion of a Local area known as ward from which one or more than one member shall be elected; (f) "Elector" means a person who is entitled to vote at an election to electoral unit of the Local Council; (g) "Election Rules" means the Balochistan Local Government (Election) Rules, 1983; (h) "Form" means a Form appended to the Balochistan Local Government (Election) Rules, 1983 and includes a translation with modification thereof in Urdu; (i) "Local Council" means as defined in the Ordinance; and (j) "Ordinance" means the Balochistan Local Government Ordinance, 1980 (II of 1980). 3. Period of Appeal.‑‑(1) An elector may prefer an appeal to the Appellate Authority against the final delimitation published by the Delimitation Officer within a period of 15 (fifteen) days therefrom: Provided that the Appellate Authority may on the application of Appellant, condone the delay in filing appeal, if it is satisfied that the same was on account of reasons beyond his control. 4. Manner in which appeal is to be filed.‑‑(1) An appeal shall be presented to the Appellate Authority and shall be deemed to have been presented‑‑ (a) if it is delivered to the Appellate Authority or his authorised agent; (b) if sent by post to the Appellate Authority; (2) An appeal cent by registered post shall be deemed to have been received in time in the office of Appellate Authority if it was posted within the time prescribed hereinabove. (3) Every memorandum of appeal shall be in writing and shall set forth concisely the grounds, numbered consecutively, and relief claimed. (4) Every memorandum of appeal shall be signed and every Schedule of Annexure to it shall also be signed and verified by the appellant in the manner laid down in the Civil Procedure Code, 1908 (Act V of 1908), and shall, unless the Appellate Authority dispenses with such requirement, be accompanied by a certified copy of the recommendation or order impugned therein. (5) An appeal shall be accompanied by a Bank Draft or a Postal Order worth Rs.500 in favour of Election Authority as the cost of the appeal. Such cost can also be deposited, against a proper receipt, in the office of the Appellate Authority. The fee so deposited shall not be refunded. (6) At any time during the trial of the appeal, the Appellate Authority may call upon the appellant to deposit an additional amount as non‑refundable security and an additional amount so required shall be deposited in the same manner as provided for in sub‑rule (5) above. (7) Every appeal received by the Appellate Authority shall be entered in a Register of Appeals in the form appended to these rules. 5. Disposal of appeals.‑‑(1) The Appellate Authority shall, on receipt of the appeal, call for record of the case and after giving an opportunity of being heard in person or through an authorised agent to appellant as well as Delimitation Officer against whose order the appeal has been filed. And after perusal of the record and after making such enquiry, as it may deem fit, shall make an‑appropriate order, which shall be final. (2) The appeal shall be decided within 45 days from the date of its filing. (3) The decision of the appeal shall be communicated to the appellant and the respondent and shall be given effect to by the concerned officer. (4) Subject to the provision of the Ordinance, the Election Rules and the Qanun‑e‑Shahadat, 1984, shall apply to the trial of an appeal. 6. Place of trial.‑‑The trial of an appeal shall be held at such place or places as the Appellate Authority may think fit. 7. Appearance before Appellate Authority.‑‑Any appear, application or act before Appellate Authority may be made or application or act before Appellate Authority may be made or done by a party in person or by a duly authorised agent: Provided that Appellate Authority when it considers necessary, direct any party to appear in person. 8. Withdrawal of appeal.‑‑(1) An appeal may be withdrawn by the appellant by leave of Appellate Authority at any time during the course of trial. (2) Where leave is granted by the Appellate Authority, the appellant shall be ordered to pay the cost incurred by the respondent in the appeal or such portion thereof as the Appellate Authority may direct. 9. Dismissal of appeal during trial.‑‑The Appellate Authority may summarily dismiss an appeal, if‑‑ (a) the provisions of rules 3 and 4 have not been complied with; (b) the appellant dies; and (c) before the conclusion of the trial of the appeal, appellant gives notice in writing that he does not intend to pursue the same. 10. Failure of appellants to appear.‑‑Where, at any stage of the trial of an appeal, appellant or his authorised agent does not appear, the Appellate Authority may dismiss the appeal in default and make such orders as to the costs, as it may think fit. 11. Power of Appellate Authority.‑‑The Appellate Authority shall have all the powers of Civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), and shall be deemed to be Civil Court within the meaning of section 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898). 12. Decision of the Appellate Authority.‑‑The Appellate Authority may upon the conclusion of the trial of an appeal make an order:‑‑ (a) dismiss the appeal (b) declare the delimitation of Electoral Unit wholly or partly void; (c) issuing the declaration as envisaged in Election Rules; or (d) as may deem necessary and expedient in the given circumstances.