RULE

BALUCHISTAN LOCAL GOVERNMENT (ELECTIONS) RULES, 1979 BALUCHISTAN LOCAL GOVERNMENT (ELECTIONS) RULES, 1979 [Gazette of Baluchistan, Extraordinary, 3rd September, 1979] No. 1-40/77 (PLGB)/A01.---In exercise of the powers conferred by section 225 of the Baluchistan Local Government Ordinance, 1979 (Ordinance No. IX of 1979) the Government of Baluchistan is pleased to make and notify the following rules regarding election of Local Councils. CHAPTER I--PRELMINARY 1. Short title and commencement.--(1) These rules may be called the Baluchistan Local Government (Elections) Rules, 1979. (2) They shall come into force at once. 2. Definitions.-In these rules, unless there is anything repugnant in the subject or context,---- (a) "appointed date" means the date specified in the election programme; (b) "Authority" means the Baluchistan "Local Councils Election Authority constituted under section 22 of the Ordinance, 1979; (c) "ballot paper account" means the ballot paper account prepared under rule 43 (10); (d) "candidate" means a person who has been nominated for election to a Local Council; (e) "contesting candidate" means a candidate who, in relation to an electoral unit, has been validly nominated for election from the unit and has not, on or before the withdrawal day withdrawn his candidature; (f ) "election" means an election to a Local Council; (g) "election agent" means an election agent appointed by a candidate under rule 29 and where no such appointment is made, the candidate who acts as his own election agent; (h) "election petition" means an election petition made under rule 49 calling an election into question; (i) "form" means a form appended to these rules and include a translation thereof into any language; (j) "nomination day" means a day appointed under rule 11 for the nomination of candidates; (k) "Ordinance" means the Baluchistan Local Government Ordinance, 1979; (l) "polling agent means a polling agent appointed under rule 30; (m) "polling day" means the day on which poll is taken for an election; (n) "Polling Officer" means a Polling Officer appointed under rule 9 for a? polling station; (o) "polling station" means the premises where arrangements are made for poll; (p) "Presiding Officer" means a Presiding Officer appointed under rule 9 for a polling station and includes an Assistant Presiding Officer exercising the powers and performing the functions of Presiding Officer; (q) "publish" with its grammatical variations includes exhibition at a place accessible to the public; (r) "returned candidate" means a candidate who has been declared elected as a member to a Local Council under rule 27 or 46; (s) "Returning Officer" means a Returning Officer appointed under rule 7 (1) to conduct elections to a Local Council; (t) "scrutiny day" means the day appointed under rule 11 for the scrutiny of nomination paper; (u) "section" means section of the Ordinance; (v) "spoilt ballot paper" means a ballot paper which has been spoilt and is returned to the Presiding Officer under rule 41; (w) "treasury" means a Government Treasury or sub-treasury or a Bank authorised by the Government to transact financial business on behalf of a Treasury or Sub-Treasury; (x) "Tribunal" means an Election Tribunal appointed under rule 54 for the trial of election petition; (y) "voter" means a person whose name is borne on the electoral roll to be used at the election; (z) "withdrawal day" means the day appointed under rule 11 on or before which candidature may be withdrawn. CHAPTER II---BALUCHISTAN LOCAL COUNCIL, ELECTION AUTHORITY 3. Conduct of business by the Authority.-(1) If, upon any matter requiring a decision of the 'Authority there is a difference of opinion the decision of the Chairman shall prevail. (2) The Authority may' exercise its powers and perform its functions notwithstanding that there is a vacancy in the office of its member or that its member is, for any reason unable to attend its proceedings and the decisions of the Chairman shall have the effect of the decision of the Authority. . 4. Delegation of power etc.-The Authority may authorise its Chairman or the member or any of the officers of the Authority to exercise and perform all or any of its powers and functions under the Ordinance. 5. Assistance to the Authority.-(1) The Authority may require any person or authority to perform such functions or render such assistance for the purpose of the Ordinance as it may direct. (2) All executive authorities for the Central Government, Provincial Government, and the Autonomous Bodies shall assist the Authority in the performance of its functions and for the purpose of the Local Government Department of the Government of Baluchistan, after consultation with the Authority, issue such directions as it may deem necessary. CHAPTER III-DELIMITATION 6. Appointment of Delimitation Officers.-(1) The Government may appoint any officer of the Provincial Government for delimitation of electoral units/ward in Rural and urban areas. . (2) Constituency in Rural areas.-The wards in rural areas will be constituted on the basis of population of 1000 to 1500 and a Union Council will form a ward for District Council. (3) Constituency in urban areas.-The wards in urban areas i.e. Municipal Corporation, Municipal Committee and Town Committee will be constituted as under:- (a) Municipal Corporation having a population of five lacs or above. ??????????????????????????????????????????????? 40 to 60 wards (b) Municipal Committee having a population exceeding ??????????????????????????????????????????????? 10,000 15 to 50 wards (c) Town Committee having a population of 5,000 to 10,000. ??????????????????????????????????????????????? 7 to 13 wards CHAPTER IV-----ELECTION 7. Appointment of Returning Officer etc.-(1) The Authority shall appoint, from amongst the officers of the Central Government, Corporation or Provincial Government, or Local Authorities a Returning Officer for each electoral unit for corporations for the purpose of election of a member for that electoral unit, and a person may be appointed as Returning Officer for two or more electoral units. (2) The Authority may appoint, from amongst the Officers of the Central Government, Provincial Government, Corporations or Local authorities, as many Assistant Returning Officers as may be necessary. (3) An Assistant Returning Officer shall as sist the Returning Officer in the performance of his functions under the Ordinance and may, subject to any condition imposed by the Authority, 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 and the Rules. 8. Polling Station.-(1) The Returning Officer shall before such time as the Authority may fix, submit to the Authority a list of polling stations he proposes to provide in an electoral unit for the purpose of election of a member or members for that unit. (2) The Authority may make such alterations in the list of polling stations submitted under sub-rule (1) as it may consider necessary and shall, at least seven days before the polling day publish the final list of polling stations specifying the area the voters whereof will be entitled to vote at each polling Station. (3) The Returning Officer shall provide each electoral unit with polling stations according to the final list published under sub-rule (2). (4) No polling station shall be located in any such premises as are in the occupation or possession of any candidate. 9. Presiding Officers and Polling Officers.-(1) The Returning Officer shall appoint for each polling station a Presiding Officer and such number of Assistant Presiding Officers and Polling Officers to assist the Presiding Officer as the Returning Officer may consider necessary. Provided that a person who is, or has at any time been employed by or on behalf of a candidate shall not be appointed as a Presiding Officer, Assistant Presiding Officer or Polling Officer. (2) A Presiding Officer shall conduct the poll in accordance with the provisions of the Ordinance and the rules, be responsible for maintaining order at the polling station and 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 the Assistant Presiding Officer to perform the functions so entrusted. (3) The Returning Officer shall authorise one of the Assistant Polling 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 the absence of the Presiding Officer, and the reasons thereof shall, as soon as possible, after, the close of the poll be reported to the Returning Officer. (4) 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 Authority shall provide the Returning Officer for each electoral unit with copies of electoral rolls for all the electoral areas within the electoral unit. (2) The Returning Officer shall provide the Presiding Officer of each l polling station with copies, of electoral rolls containing the names of the Voters entitled to vote at the polling station. 11. Notification for election.-(1) For the purpose of holding elections for the Local Councils, the Authority shall, by notification in the official Gazette, call upon the voters to elect a member from each electoral unit and shall, in relation to each electoral unit specify in the notification----- (a) a day for the nomination of candidates; (b) a day for the scrutiny of the nomination papers; (c) a day on or before which candidature may be withdrawn ; and (d) a day, at least ten days after the withdrawal day, for the taking of the polls. (2) A Returning Officer shall, as soon as may be after the publication of notification under sub-rule (1) give public notice of the dates specified by the Authority in respect of the electoral unit or electoral units of which he is the Returning Officer, and the public notice shall be published at some prominent place or places within the electoral unit to which it relates. (3) A public notice issued under sub-rule (2) shall also invite nominations and specify the time before which and the place at which nomination papers shall be received by the Returning Officer. 12. The Returning Officer shall provide polling station or polling stations for each electoral unit; Provided that no polling station shall be located in any such premises as are in the occupation or possession of any candidate. 13. Public notice for nomination papers.-The Returning Officer shall as soon as may be, after the publication of a notification under rule 12 give public notice in respect of his electoral units inviting nominations specifying the time before which and the place or places at which notification papers shall be delivered to him. 14. Procedure to nominate and to be nominated.-Any person whose name appears in the electoral roll of any electoral unit and who is otherwise qualified to stand as a candidate, may be nominated as a candidate for election to the Local Council from any electoral unit. 15. Nomination papers.-(1) A candidate shall be nominated by a nomination paper in Form-I. Blank forms of nomination papers may be made available at the office of the Returning Officer. (2) A nomination shall be subscribed by two persons hereinafter referred to as the proposer and the seconder. No person shall be proposer or seconder unless his name appears in the electoral roll of the electoral unit in which the seat is to be filled. (3) A nomination paper shall be signed by the candidate as a token of his consent to the nomination. A candidate shall also give a certificate that he is not disqualified for being elected as a member of the Local Council. (4) A candidate may be nominated in more than one electoral unit by more than one nomination papers. (5) No person shall subscribe to more than one nomination paper either as proposer or a seconder, and if any person subscribes to more than one nomination paper, all such nomination papers, other than the nomination paper first received by the Returning Officer, shall be void. 16. Deposits.- (1) Or, or before the date fixed for the nomination of candidates, each candidate shall deposit with the Returning Officer or in a Government Treasury or a Sub-Treasury or in a branch of the National Bank of Pakistan, a sum of Rs. 100. If the amount is not deposited in cash with the Returning Officer the Treasury receipt or Challans, as the case may be, shall be attached in original to the nomination paper. (2) If a person proposed to stand as a candidate from one electoral unit only, a single deposit of Rs. 100 shall be. made .for every such electoral unit. (3) The head of account for purpose of deposit in a Government Treasury or Sub-Treasury or in any branch of National Bank of Pakistan by the candidate or the Returning Officer shall be "P-Deposit and Advances-Part-II Deposits not bearing interest Civil Deposits,-Deposits in connection with elections-Provincial". (4) The return of deposit which is required to be refunded under sub-rule (6) shall be authorised under the seal and signature of the Returning Officer. (5) If the number of votes polled by a candidate in any electoral unit is less than 1/8th of votes polled, the deposit shall be forfeited. (6) The deposit made under this rule shall be refunded within thirty days of the declaration of the final result to the candidate concerned. (a) if his nomination paper is rejected ; or , (b) if he withdraws from his candidature ; or (c) if he is elected ; or (d) if he is not elected but the votes secured are not less than 1/8th of the votes polled. (7) if a candidate dies before obtaining the refund, the deposit shall be refunded to his legal representative unless it stands forfeited under the provision of sub-rule (4). (8) The Returning Officer shall maintain a register in Form-II in which he shall enter the particulars of every cash deposit made to him. (9) Receipt of a cash deposit by the Returning Officer shall be acknowledged in Form III. 17. Registration of nomination papers and publication of statement of nomination.-(1) All nomination papers delivered at the office of the Returning Officer shall, immediately on receipt, be registered. (2) A statement in Form IV showing full particulars of all nomination papers registered, shall be posted at a conspicuous place at the office of the Returning Officer and made available for public inspection. 18. Inspection of nomination papers.--On the date appointed for the scrutiny of the nomination papers, the candidates, their proposers and seconders may attend at the time and place specified by the Returning Officer who shall give such persons all reasonable opportunities for inspecting the various nomination papers. 19. Scrutiny of nomination papers.-On the appointed date the Returning Officer shall scrutinise the nomination papers of various candidates electoral unit-wise and may either on such objection as may be raised or on his own motion and after such summary inquiry as he thinks necessary, accept or reject any nomination paper. The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting it, and where he rejects a nomination paper, he shall record an order setting forth the reasons for such rejection. The Returning Officers shall after the scrutiny of nomination papers prepare and publish in Form V a list of candidates who have validly been nominated. 20. Rejection of nomination papers: (1) A nomination paper may be rejected on any of the following grounds, namely :----- (a) that the candidate is not qualified to be elected under these rules; (b) that the proposer or secondar is not qualified to subscribe to the nomination paper ; or (c) that the signature of the proposer or the seconder is not genuine ; or (d) that the requisite deposit has not been made ; or (e) that there has been any non-compliance with the provision of these rules. (2) No nomination paper shall be rejected on basis of any clerical or, printing error or on the ground of any defect which is not of substantial character. The Returning Officer may allow any such error or defect to be corrected or remedied forthwith. 21. Appeal against the rejection.-(1) If all the nomination papers of a person proposing him to stand as a candidate have been rejected he may prefer an appeal to the officer specified by the Authority in this behalf against such rejection within a period of two days from the date following the date of rejection of such nomination by the Returning Officer. (2) Every appeal shall be accompanied by a deposit amounting to Rs. 50 in cash or by a challan from the National Bank of Pakistan of a Government Treasury or a Sub-Treasury under the head of account mentioned in sub-rule (3) of rule 16. (3) An appeal against rejection of nomination shall be disposed of either summarily or after such summary enquiry as may be considered necessary. (4) If the appeal is allowed, the name of the appellant shall be ordered to be entered by the Returning Officer in the list of validly nominated candidates. 22. Consequence of acceptance or rejection of nomination paper.-(1) If the nomination paper of a candidate has been accepted he shall be eligible to stand for Election. (2) If a number of nomination papers have been presented by or for a candidate and out of them some have been rejected, he shall be eligible to stand for election on the basis of the nomination papers which have been accepted. (3) If all the nomination papers presented by or for a candidate have been rejected and such order of rejection has not been reversed on an appeal under rule 21, he shall not be eligible to stand as a candidate for election. 23. Withdrawal of candidature.-(1) Any candidate validly nominated may, by the appointed date, by an application in writing addressed to the Returning Officer, withdraw his candidature. (2) An application for withdrawal shall be signed by the candidate and by two persons whose names appear in the electoral roll of the electoral unit as witnesses. (3) The withdrawal of candidate shall be final and shall not be subject to cancellation at any subsequent stage. (4) The Returning Officer shall on receiving a notice of withdrawal, cause a copy thereof to be affixed at some conspicuous place in his office if he is satisfied that the signature on the notice is that of the candidate. 24. List of contesting candidates.-The Returning Officer shall on the day next following the withdrawal day prepare and publish in Form VI a list of contesting candidates indicating the symbol against the name of each candidate. 25. Death of Candidate before poll.-If, after the closing of nominations and before the poll is taken, any contesting candidate dies, the poll be restricted to the remaining candidates: 26. Postponement etc. under certain circumstances.-Where the proceedings relating to nomination, scrutiny or withdrawal cannot take place on the day appointed therefor for reasons beyond the control of the Returning Officer, he may postpone or adjourn such proceedings and shall, with the approval of the authority, by public notice fix another day, for the proceedings so postponed or adjourned and, if necessary, also fix the day or days for any subsequent proceedings. 27. Uncontested election.-(1) If, after scrutiny under, rule 19 the Returning Officer finds that only one person has been validly nominated for election, or if, after withdrawal under rule 23, or the death of a candidate, only one person is left as a contesting candidate, the Returning Officer shall, by public notice, declare such candidate to be elected. (2) The Returning Officer shall publish in the official Gazette the name of the returned candidate. 28. Contested election.-(1) If there are more contesting candidates than one in respect of any electoral unit, the Returning Officer shall- (a) allocate, subject to any direction of Authority, one of the symbols as given below to each contesting candidate and in so doing shall, so far as possible, have regard for any preference indicated by the candidate :- ??????????????????????? List of symbols ??????????? 1. Apple?????????????????????? 2. Bicycle ??????????????????????? 3. Boat???????????? 4. Bullock Cart ??????????????????????? 5. Fez cap.?????????????????? 6. Chair ??????????????????????? 7. Clock?????????????????????? 8. Deer ??????????????????????? 9. Elephant?????? 10. Hookah ?????????????? ???????? 11. Horse.??????????????????? 12. Key ??????????????????????? 13. Kite??????????? 14. Knife ????????????????????? ? 15. Lantern?????????????????? 16. Lock ??????????????????????? 17. Ladder?????? 18. Pitcher ??????????????????????? 19. Railway Engine?????? 20. Rose ??????????????????????? 21. Scales??????? 22. Scissors ??????????????????????? 23. Sword??????? 24. Tiger ??????????????????????? 25. Tree?????????? 26. Umbrella ??????????????????????? 27. Tonga???????? 28. Letah ??????????????????????? 29. Violin???????? 30. Walking stick ??????????????????????? 31. Wheel (b) give public notice of the poll. (2) The Returning Officer shall cause to be exhibited prominently at each polling station, the name and symbol of contesting .candidate. 29. Election agents.-(1) A candidate may appoint a person qualified to be elected as a member to be his election agent. (2) The appointment of 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 rule, a candidate shall be deemed to be his own election agent and shall, so far the circumstances permit be subject to the provisions of this rule both as a candidate and as an election agent. 30. Polling agent.-(1) The contesting candidate or his election agent, may, before the commencement of the poll, appoint for each polling station not more than two polling agents, if there be only one booth and not more than four polling agents if there be more than one booth, at such polling station and shall give notice thereof in writing to the Presiding Officer. (2) The appointment of a polling agent under sub-rule (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 polling agent; and a notice of such appointment shall be given to the Presiding Officer. 31. Absence of candidates act ; not to invalidate.-Where any act or thing is required or authorised by these rules to be done in the presence of the candidate or his 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. 32. Hours of poll.-The Returning Officer shall, subject to any direction of the Authority, fix hours during which the poll shall be taken and give public notice of the hours so fixed. 33. Stopping of 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 rule 32, or (b) any ballot box used at the polling station is unlawfully taken out or the custody of the Presiding Officer, or is accidentally or intentionally destroyed or 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-rule (1), the Returning Officer shall immediately report the circumstances to Authority and the Authority shall direct a fresh poll at the 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 results of the polling stations in the same electoral unit. (3) Where the Authority orders a fresh poll under sub-rule (2) the Returning Officer shall, with the approval of the Authority; (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) give public notice of the day so appointed and the place and hours so fixed. (4) At a fresh poll taken under sub-rule (3) at a polling station, all voters entitled to vote thereat shall be allowed to vote and no vote cast at the poll stopped under sub-rule (1) shall be counted; and the provisions of the Ordinance and the rules and orders made thereunder shall apply to such fresh poll. 34. Ballot Box.-{1) Every contesting candidate shall bring his own ballot box which shall be of such material and design as specified in sub-rule (2). (2) The boxes shall be made of wood of any kind approximately of one half inch in thickness. Its external dimensions shall be one foot sq. at the base and not clear and one foot in height. The lid should be fixed with the inside hinges and a clamp provided for locking the box. There shall be an opening in the lid measuring about 2 inches in length and not more than quarter inch in width so that ballot papers can be introduced therein but cannot be withdrawn therefrom without the box being opened. The candidate will provide a lock for locking the box. (3) At least three days before the poll, every candidate shall produce his ballot box for inspection by the Returning Officer who shall, if he is satisfied that the ballot box is of the required specification, paste thereon a slip containing his initials and the date of inspection and return it to that candidate for delivery to the Presiding Officer at least one hour before the commencement of the poll. (4) A candidate who fails to produce his ballot box to the Returning Officer for inspection shall be deemed to have withdrawn. (5) Steel ballot boxes, whenever available, shall be provided by the Authority to the contesting candidate on payment of Rs. 5 per ballot box as hire charges. 35. Use of boxes in polling station.-At least half an hour before the time fixed for the commencement of the poll, the Presiding Officer shall- (a) ensure that every ballot box delivered to him under sub-rules (3) or (5) is empty; (b) show the empty ballot box to the contesting candidates and their polling agents whoever may be present ; (c) insert into the ballot box the symbol assigned to the candidate and signed by such candidate or his polling agent and close and seal it; and (d) affix the name and symbol of the candidate outside the ballot box and so place the ballot boxes in the alphabetical order of the names of the candidates as to be ready to receive that ballot papers. 36. Admission to the polling station.-The Presiding Officer shall subject to such instructions as the Authority may give in this behalf, regulate the number of voters to be admitted to the polling station at a time and exclude from the polling station all other persons except; (a) any person on duty in connection with the election; (b) any contesting candidates, their election agents and polling agents ; and (c) such other persons as may be specifically permitted by the Authority and the Returning Officer. 37. 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 order of the Presiding Officer. (2) Any person removed under sub-rule (1) from a polling station shall not, without the permission of the Presiding Officer, again enter the polling station during the day and shall, if he is accused of an offence in a polling station, be liable to be proceeded against by a Police Officer or a member of the Levies force. (3) The powers under this rule shall not be so exercised as to deprive a voter of an opportunity to cast his vote at the polling station at which he is entitled to vote. 38. Voting procedures.-(1) Where a voter presents himself at the polling station to vote, the Presiding Officer shall, after satisfying himself about the identity of the voter, issue to him a ballot paper in the form as may be specified by the Authority: (2) Before a ballot paper is issued to a voter:- (a) the number and name of the voter as entered in the electoral roll shall be called out; (b) a mark shall be placed on the electoral roll against the number and name of the voter to indicate that a ballot paper has been issued to him; (c) the ballot paper shall on its back be stamped with the official mark and initialed by the Presiding Officer; and (d) the number of the voter on the electoral roll shall be marked in writing on the counterfoil by the Presiding Officer who shall also stamp the counterfoil with the official mark and initial it. (3) If a contesting candidate or his election agent or polling agent alleges that a voter to whom a ballot paper is about to be issued already has one or more ballot paper in his possession, the Presiding Officer may require the voter 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 voter does not insert more that one ballot paper in the ballot box. (4) The voter on receiving the ballot paper shall forthwith enter the room or compartment in which ballot boxes are placed and shall secretly place his ballot paper in the ballot box bearing the number and symbol of the candidate for which he wishes to vote. (5) The voter shall vote without undue delay and shall leave the polling station immediately after he has inserted his ballot paper in the ballot box. (6) Where a voter is blind or is otherwise incapacitated that he cannot vote without the assistance of a companion; the Presiding Officer shall allow him such assistance and thereupon such voter may do with such assistance anything which a voter is required or permitted to do under these rules. (7) No voter shall vote at an election- (a) more than once at the same polling station; or (b) at more than one polling station. 39. Tendered ballot papers.-(1) If a person representing himself to be a voter applies for a ballot paper when another person has already represented himself to be that voter and voted under the name of the person so applying, he shall be entitled, subject to the provisions of these rules, the receive ballot paper (hereinafter referred to as "tendered ballot paper") in the same manner as any other voter. (2) A tendered ballot paper shall, instead of being put into the ballot box, be given to the Presiding Officer who shall endorse thereon the name and number in the electoral roll of the person applying for it and place it in a separate packet endorsed with the name of the candidate for whom such person wishes to vote. (3) The name of the person applying for a ballot paper under sub-rule (1) and his number on the electoral roll shall be a list (hereinafter referred to as" the tendered votes list") to be prepared by the Presiding Officer in Form-VII. 40. Challenge of Voter.-(1) If, at the time a person applies for a 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 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 to undertake to prove the charge in a Court of law and deposit with the Presiding Officer in cash a sum of Rs. 5 the Presiding Officer may, after warning the person of the consequences and obtaining his thumb-impression and if he is literate, also his signature., on the counterfoil, 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-rule (1) to such person, he shall enter the name and address of that person in a list (in Form VIII) to be prepared by him (hereinafter referred to as "challenged vote list") and obtain thereon the thumb-impression and, if he is literate, also the signature, of that person, provided that no action shall be taken by the Presiding Officer unless a sum of Rs. 5 has been deposited in cash with the Presiding Officer by the candidate or his agent for each challenge made under this rule. (3) The Presiding Officer shall deposit the amount received by him under sub-rule (1) with the Returning Officer who in turn shall deposit it into a Government Treasury under the head mentioned in sub-rule (3) of rule 16. 41. Spoilt ballot paper.-(l) A voter 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 cannot 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-rule (1) and shall make a note to that effect on the counterfoil order his own signature and sign the cancelled ballot paper, and place it in a separate packet labelled Spoilt Ballot Paper. 42. 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. 43. Procedure on the close of the poll.-(1) Immediately after the close of the poll, that is, as, soon as the list of such persons, if any, as are presented and waiting to vote as mentioned in rule 42 has voted, the Presiding Officer shall, in the presence of such of the contesting candidates, election agents and polling agents as may be presented, proceed with the count of votes. (2) The Presiding Officer shall give such of the contesting candidate, 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 consistently with 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 ballot box of each candidate one by one and count the entire lot of ballot papers taken out therefrom; (b) count the votes cast in favour of each contesting candidate excluding from the count the ballot papers which bear- (i) no official mark; (ii) any writing or any mark by which the voter can be identified or to which a piece of paper or any other object of any kind has been attached. (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, shall be sealed and shall contain a certificate as to the number of 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 of ballot papers contained therein. (8) The Presiding Officer shall, immediately after the count, prepare a statement of the count in Form IX showing therein the number of valid votes polled by each contesting candidate and the ballot papers excluded from the count. (9) The Presiding Officer shall also prepare in Form X a ballot paper account showing separately :- (a) the number of ballot papers entrusted to him; (b) the number of ballot papers taken out of the ballot boxes and counted; (c) the number of tendered ballot papers; (d) the number of un-issued ballot papers; and (e) the number of spoilt ballot papers. (10) The Presiding Officer shall, if so requested by any candidate or election agent or polling agent give him a certified copy of the statement of the count and the ballot paper account. (11) .The Presiding Officer shall seal in separate packets- (a) the valid ballot papers in favour of each contesting candidate; (b) the invalid ballot ballot papers in favour of each contesting candidate; (c) a statement showing the result of the count; (d) un-issued ballot papers; (e) spoilt ballot papers; (f) tendered ballot papers; (g) the marked copies of the Electoral Roll; (h) counterfoils of used ballot papers; (i) the tendered votes list; (j) the challenged votes list; and (k) such other papers as the Returning Officer may direct. (12) The Presiding Officer shall obtain on each statement and packet prepared under this rule the signature of such of the contesting candidates or their election agents or polling agents as may desire to sign it. (13) A person entitled to sign a packet or statement under sub-rule (12) may, if he desires, also affix his seal to it. (14) After the close of the proceedings under the foregoing sub-rules, the Presiding Officer shall, in compliance with such instruction as may be given by the Authority in this behalf, cause the packet, 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 Authority may direct. 44. Consolidation of results.-(1) The Returning Officer shall give the contesting candidates and their election agents a notice in writing of the daytime and place 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 Form XI the results of the count furnished by the Presiding Officer. (2) 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. (3) The Returning Officer shall also count and include the votes cast in favour of each contesting candidate in the consolidated statement except those which may be rejected on any of the grounds mentioned in sub-rule (4) of rule 43. (4) The ballot paper rejected by the Returning Officer shall be shown separately in the consolidated statement. (5) The Returning Officer shall not recount the valid ballot papers in respect of any polling station unless--- (a) the count by the Presiding Officer is challenged in writing by a contesting candidate or his election agent and the Returning Officer is satisfied about the reasonableness of the challenge; or (b) he is directed by the Authority to do so. 45. Equality of votes.-(1) Where, after consolidation of the results of the count it is found 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 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. The lot shall be drawn in the presence of such of the contesting candidates and their election agents as may be present. The Returning Officer shall record the proceedings in writing, and obtain thereon the signature of such candidates and election agents as have been witnesses to the proceeding. 46. Declaration of results.-(1) The Returning Officer shall after obtaining the result of the count or of the drawal of the lot, 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. (3) The Returning Officer shall immediately after publication of the notice under sub-rule (1), submit to the Authority a return of the election in Form X11 together with a copy of the consolidated statement. (4) The Authority shall publish in the official Gazette the name of the returned candidate. 47. Resealing of packets and supply of copies.-The Returning Officer shall--- (a) immediately after preparing the consolidated statement and the return of election, reseal 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 if they so desire; and (b) supply duly attested copies of the consolidated statement and the return of election to such of the candidate and their election agents as may desire to have them. 48. Retention and inspection of documents.-(1) The Returning Officer shall retain the documents relating to an election sent to him by the Presiding Officers for a period of one year from the date of their receipt. (2) The documents retained by the Returning Officer under sub-rule (1) shall be open to public inspection and subject to the conditions laid down in sub-rule (3) the Returning Officer shall upon an application made in this behalf and on payment of fee and subject to the conditions laid down in sub-rule (4) furnish copies of extracts from these documents. (3) The documents retained by the Returning Officer under sub-rule (1) shall be open to public inspection during office hours on payment of a fee at the rate of one rupee for each document. (4) Copies of the following documents shall be furnished upon an application by the person specified against each on payment of a fee at the rate of one rupee for the first two hundred words or less and fifty paisa for every additional words or fraction thereof, namely : (i) an order of the Returning Officer rejecting ??????????? a nomination paper under sub-rule (1) of ??????????? rule 18.???????????? any candidate (ii) documents retained by the Returning officer under sub-rule (1).???????????????????? any person (iii) an order passed on an appeal under rule 20 ??????????? against rejection of a nomination paper.???????????? any candidate (iv) an order passed by the Tribunal under ??????????? rule 52 on an election petition.?????????????? any party to the ??????????? petition. (5) An application for inspection of documents or supply of copies shall be accompanied by court-fee stamps of the requisite value. CHAPTER V-ELECTION DISPUTES 49. Presentation of election petition.-An election petition may be presented by any candidate in person or by a representative authorised by him in writing in this behalf or by registered post but not otherwise. 50. Time for presentation of petition.-(1) An election petition shall be presented to the Authority within 30 days next after the publication in the Official Gazette 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, at Government Treasury or sub-Treasury in favour of the Authority as a security for the costs of the petition a sum of Rs. 500. (2) An election petition, not filed within the period specified in sub-rule (1) shall be returned to the petitioner :- (3) An election petition, if sent by registered post, shall be deemed to have been filed in time if it is posted within the period specified in sub- rule (1). 51. Parties to the petition.-The petitioner shall join as respondent to his election petition :- (a) all contesting candidates ; and (b) any other candidate against whom an allegation, if any, corrupt or illegal practice is made and shall serve personally or by registered post on each such respondent a copy of his petition. 52. Contents of petition.-(1) Every election petition shall set forth clearly the grounds for which the petition is filed and the relief sought. (2) The petitioner may claim any of the following declarations :- (a) that the election of the returned candidate is void ; or (b) that the election of the returned candidate is void and that the petitioner or any other contesting candidate has been duly elected ; or (c) that the election as a whole is void ; (3) Every election petition shall be signed and verified by the petitioner in the manner provided for the verification of plaints in the Code of Civil Procedure, 1908. 53. Trial of petition.-(1) On receipt of an election petition, the Authority shall return it to the petitioner if the Authority finds that the petition has not been presented within the prescribed time or is not accompanied by a receipt of the requisite security deposit. (2) If an election petition is not returned under sub-rule (1) the Authority shall refer it for trial to a Tribunal. (3) On receipt of an election petition, the Tribunal shall give at least a week's notice to all the respondents named in the petition and after holding a summary enquiry record its findings;------ Provided that an election petition may be withdrawn by a petitioner at any time during the course of the trial.. Provided further that an election petition shall abate on the death of the petitioner. (4) The Tribunal shall declare the election of the retuned candidate or 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 failure of any person to comply with, or the contravention of any provision of the Ordinance or these rules. (5) The order of the Tribunal shall specify the costs, if any, awarded, which shall be paid out of the security deposit made by the petitioner. (6) If the costs are not claimed within 60 days of the Tribunal's decision, the entire amount of security deposit shall, on application be refunded to the petitioner or to his legal representative. (7) At any stage of the trial if there is no respondent left the proceedings shall be decided ex parte. 54. Appointment of Tribunals.-(I) For the trial of election petition the Government shall, in consultation with the Authority, appoint as many election tribunals as may be, necessary. (2) A Tribunal shall be a person who is or has been a District Judge, Additional District Judge or a Civil Judge I Class for. a period not less than one year. (3) The Tribunal shall sit at such place or places as the Government may, by Notification published in the official Gazette, determine. 55. Order for the production of documents.--(1) A Tribunal may order the opening of packets of counterfoils and certificates or the inspection of any counted ballot papers. (21 An order under sub-rule (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-rule (1), production by the Authority 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 or any packet of ballot papers so produced shall be prima facie evidence that the ballot papers 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 counterfoil having a number, shall be prima facie evidence that the voter whose vote was given by that ballot paper was the voter who had on the electoral roll the same number as was written on the counterfoil. (5) Save as provided in this rule, no person shall be allowed to inspect any rejected or counted ballot paper in the possession of the Authority. CHAPTER II? OFFENCES, PENALTY AND PROCEDURE 56. Corrupt Practice.-A person is guilty of corrupt practice, if he- (a) is guilty of bribery, personation or undue influence ; (b) makes or publishes a false statement- (i) concerning the personal character of a candidate or his relation calculated to adversely affect the election of such candidate or for the purpose of pre-casting or procuring the election of another candidate; unless he proves that he had reasonable grounds for believing, and did believe, the statement to be true ; (ii) relating to the symbol of a candidate whether or not such symbol has been allocated to such candidate ; or (iii) regarding the withdrawal of a candidate ; (c) Call upon or persuades any candidate on the ground that he belongs to a particular religion, community, race, sect or tribe ; - (d) Knowingly, in order to support or oppose a candidate .lets, lends, employs, hires, borrows or uses any vehicle or vessel for the purpose of conveying voters to or from the polling station except when ; (i) a person conveys himself or any member of the household to which he belongs to or from the polling station ; or (ii) a voter conveys himself or several voters convey themselves to or from the polling station ; .or. (c) causes or attempts to cause any person present and waiting to vote at the polling station to depart without voting. 57. Illegal practice =A person is guilty of illegal practice if he,-- (i) 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 ; (ii) votes, or applies for a ballot paper for voting, at an election knowing that he is not qualified for, or is disqualified from voting'; (iii) votes or applies for a ballot paper for voting more than once in? the same polling station ; . (iv) votes or applies a for ballot paper for voting in more than one polling station for the same election of in more than one electoral unit in the course of the same election ; (v) removes a ballot paper from a polling station during the poll ; or (vi) knowingly induces or procures any person to do any of the afore-., said acts. 58. Bribery.-A person is- guilty of bribery if he, directly or indirectly, by himself or by any other person on his behalf,- (a) receives, agrees or contracts for any gratification for voting or refraining from voting or for being or refraining from being a candidate, or withdrawing from , an election ; . (b) gives, offers or promises any gratification to any person for the purpose of inducing,-- (i) a person to be or to refrain from being a candidate at an election -; -or (ii) a voter to vote or refrain from voting at an election ; or (iii) a candidate to withdraw from an election ; or (c) gives, offers or promises any gratification to any person for the purpose of rewarding,- (i) a person for having been or for having refrained from being a candidate at an election ; (ii) a voter for having voted or refrained from voting at an election ; or (iii) a candidate for having withdrawn from an election, Explanation.-In this rule, "gratification" includes a gratification in money or estimable in money and all forms of entertainment or employment for reward. 59. Personation.-A person is guilty of personation, if he votes or applies for a ballot paper for voting, as some other person whether that other person is living or dead or fictitious. 60. Undue influence.-A person is guilty of. undue influence, if he- (a) in Order to induce or compel any person to vote, refrain from voting, offer himself as a candidate, or withdraw his candidature, at an election, directly or indirectly, by himself or by any other person on his behalf ; (i) makes or threatens to make use of any force, violence or restraint; (ii) inflicts` or theatens to inflict any injury, damage, harm or loss ; (iii) calls down or threatens to call down divine displeasure of pir ; (iv) gives or threatens to give any religious sentence; (v) uses any official influence or governmental patronage; or (b) on account of any person having voted or refrained from voting or having offered himself as a candidate, or having withdrawn his candidature, does any of the acts specified in sub-rule (1); or (c) by abduction, duress or any fraudulent device or contrivance; (i) impedes or prevents the free exercise of the franchise by a voter ; or (ii) compels, induces or prevails. upon any voter to vote or refrain from voting. Explanation.-In this section, "harm" includes social estracism, ., or, excommunication or expulsion from any caste community. 61. Prohibiton of canvassing in or near polling station.---A person is guilty of an offence if he, on the polling day, convenes, calls or organises within an electoral unit a meeting in connection with the election, or within a radius of four hundred yards of the polling station; (1) canvasses for votes; (2) solicits vote of any voter; (3) persuades any voter not to vote at the election or for a particular candidate ; or (4) exhibits except with the permission of the Returning Officer and at a place reserved for the candidate or his polling agent beyond the radius of one hundred yards of the polling station, any notice, sign, banner or flag designed to encourage the voters to vote, or discourage the voters, from voting, for any contesting candidate. 62. Disorderly conduct near polling station.-A person is guilty of an offence, if he on the polling day- (1) uses, in such manner as to be a audible within the polling station, any gramophone, megraphone, loud speakers or other apparatus. for reproducing or amplifying sound ; (2) persistently shouts in such manner as to be audible within the polling station. (3) does any act which- (a) disturbs or causes annoyance to any voters visiting a polling station for the purpose of voting ; or (b) 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 (4) abets the doing of the aforesaid acts. 63. Tampering with papers.-A person is guilty of an offence if he,- (a) fraudulently defaces or destroys any nomination paper, ballot paper or official mark on a ballot paper; (b) fraudulently 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 under this rule 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 papers in use for the purposes of election ; or (iii) breaks any seal affixed in accordance with the provision of these rules ; (d) forges any ballot paper or official mark ; (e) 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 ; or (f.) fraudulently or without due authority attempts to do any of the aforesaid acts. 64. Interference with the secrecy of voting.-A_ person is guilty, of an offence if he,-- (1) interferes or attempts to interfere with a voter 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 a voter in that station is about to vote or has voted ; . (3) communicates at' any time any information obtained in polling station as to the candidate for whom a voter in that station is about to vote or has voted. 65. Failure to maintain secrecy.-A Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officer or any candidate, of polling agent attending a polling station, or any person attending a polling station, or any person attending at the counting of votes, is guilty of an offence, if he,- (1) fails to maintain or aid in maintaining the secrecy of voting ; (2) communicates, except for any purpose authorised by any law to any person before the poll is closed, any information as to- (a) the name or number on the electoral roll of any vote who has or has not applied for a ballot paper, or has or has not voted at a polling. station ; or (b) the official mark. (3) communicates any information obtained at the counting of votes as to the candidate for whom any vote is given-by any particular ballot paper, 66. Official not to act for or against candidate.-A Returning Officer, Presiding Officer; Polling Officer -or any other Officer or clerk performinga duty in connection with an election or any member of a police or lev es force, is guilty of an offence, if he, in the conduct or management of an election or maintenance of order at 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 (4)? does any other act calculated to further. or hinder the election of candidate. [Note.--For Forms I to XII please see Gazette of Baluchistan, Extraordinary, dated 3rd September, 1979, pp. 37--48].