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152

Qualifications for candidates and elected members

Act: Balochistan Local Government Ordinance 2001

Section Provisions

ORDINANCE XVIII OF 2001 ORDINANCE XVIII OF 2001 BALOCHISTAN LOCAL GOVERNMENT ORDINANCE, 2001 An Ordinance to establish, reconstruct and regulate the Local Governments in the Province of Balochistan [Gazette of Balochistan, Extraordinary, 9th August, 2001] No. Legis:I‑122/Law/2000‑111, dated 9‑8‑2001.‑‑‑The following Ordinance made by the Governor of Balochistan on 8th August, 2001 is hereby published for general information: Whereas it is expedient to devolve political power and decentralize administrative and financial authority to accountable Local Governments for good governance, effective delivery of services and transparent decision making through institutionalized participation of the people at grass‑root level; And whereas the Provincial Assembly of Balochistan is dissolved, the Governor is satisfied that circumstances exist which render it necessary to take immediate action; Now, therefore, in pursuance of Article 4 of the Provisional Constitution (Amendment) Order, 1999 (Chief Executive's Order No.9 of 1999 and in exercise of all powers enabling in that behalf, the Governor of Balochistan is pleased to make and promulgate the following Ordinance:‑‑ CHAPTER XVII LOCAL GOVERNMENT ELECTIONS 152. Qualifications for candidates and elected members.‑‑‑(1) A person shall qualify to be elected or to hold an elective office or membership of a Local Government, if he‑ (a) is a citizen of Pakistan (b) is at least twenty five years of age (c) is enrolled as a voter in the electoral rolls of the relevant ward; (d) is of good character and is not commonly known as one who violates Islamic injunctions; has adequate knowledge of Islamic teaching and practices, obligatory duties prescribed by Islam as well as abstains from major sins; provided that these qualifications shall not apply to a person who is a non‑Muslim, but such a person shall have a good reputation; (e) has academic qualifications of not less than matriculation or secondly school certificate or equivalent from a recognized institution, for contesting the election of a Nazim or a Naib Nazim; (f) ass not been declared by a competent Court to be of unsound mind (g) is not in the service of the Federal, a Provincial or a Local Government or, any statutory body or body which is controlled by any such Government or, in which any of such Government has a controlling share or interest, except the holders of elected public office and part‑time officials remunerated either by salary or fee; provided that in case of a person who has resigned or retired from such service, a period of not less than six months has elapsed since his retirement; (h) has not been dismissed, removed or compulsorily retired from public service on the grounds of moral turpitude; (i) does not possess assets which are inconsistent with his declaration of assets or justifiable means, whether held in his own name or of the dependents or any other person corporate body in whose name assets are held in trust or under any other formal or informal arrangement whereby the de facto control of such assets including their sale, transfer or pecuniary interest, is retained by him; (j) has not been adjudged a willful defaulter of any tax or other financial dues owed to the Federal, a Provincial, or a Local Government or any financial institution; including utility bills outstanding for six months or more; (k) has not been convicted by a Court of competent jurisdiction on charge of corrupt practice involving moral turpitude or misuse of power or authority under any law for the time being in force; (l) has not been sentenced to imprisonment for more than three months for an offence under any law, a period of not less than five years has elapsed since his release; and in case of a member or a holder of a public office, has not been sentenced to imprisonment; (m) has not failed to file the required return of election expenses or is not convicted for exceeding the limits of election expenses prescribed under the electoral laws; (n) not has been declared an un-discharged insolvent by any Court; (o) does not engage in any transaction involving pecuniary interest with the Local Government of which he is a member; (p) does not absent himself without reasonable cause from three consecutive meetings of the council of which he is a member; provided that a member shall not be disqualified if the absence was necessitated by a national emergency or force majeure; (q) does not fail to attend a training course as required under section 189 of this Ordinance; (r) has not been and is not involved, in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society; and (s) has not used, directly or indirectly, for his election the platform, flag, symbol, affiliation and financial or material resources or support of a political religious, ethnic or sectarian party, formation or organization. (2) Whoever‑ (a) is found by the Chief Election Commissioner to have contravened the provisions of subsection (1) shall stand disqualified from being a candidate for election to any office of the Local Governments for a period of four years; or (b) having been elected as a member of a Local Government or is a holder of an elective office of the Local Government is found by the Chief Election Commissioner to have contravened the provisions of subsection (1) shall cease forthwith to be an elected member or to hold the office of such member and stand disqualified from being a candidate for election to a Local Government for a period of four years.