PUNJAB VILLAGE COUNCILS AND NEIGHBORHOOD COUNCILS ELECTION RULES, 2004.

THE PUNJAB VILLAGE COUNCILS AND NEIGHBORHOOD COUNCILS ELECTION RULES, 2004.

[ SOV  (LG)5-49/2003]

[10^th June, 2004]

THE PUNJAB VILLAGE COUNCILS AND NEIGHBORHOOD COUNCILS ELECTION RULES, 2004.

1.   Short title and commencement.- (1) These rules may be called the Punjab Village Councils and Neighborhood Councils Election Rules, 2004.

(2)        They shall come into force at once.

2.   Definitions.- (1) In these Rules, unless there is anything repugnant in the subject or context-

(a)             “Council” means a Village Council or a Neighborhood Council, as the case may be, constituted under the Ordinance;

(b)             “electoral roll” means the latest electoral rolls prepared by the Election Commission of Pakistan on the basis of joint electorate;

(c)              “Ordinance” means the Punjab Local Government Ordinance, 2001 (XIII of 2001) ; and

(d)             “voter” means a person whose name appears on the electoral roll of             the Council concerned.

(2) All words and expressions used in these rules but not herein defined shall have the same meanings as are assigned to them in the Ordinance.

3.   Franchise.- The elections shall be held by adult franchise, through secret ballot and on the basis of joint electorate.

4.   Multi member Councils.- The Tehsil Municipal Administration or, as the case may be, Town Municipal Administration shall, by notification in the official Gazette, constitute multi-member Council, mentioning the number of members of each Council.

5.   Electoral wards.- The Villages and Neighborhoods declared by the Council shall constitute multi-member wards for the notified membership of the Council.

6.   Electoral rolls.- (1) The latest electoral rolls prepared by Election Commission of Pakistan shall be used for election to the Council.

(2) The electoral rolls shall be arranged according to the respective Villages and Neighborhoods, by the Tehsil Municipal Administration or, as the case may by, Town Municipal Administration.

7.   Qualification of candidates.- (1)  A registered voter of a Council may contest the election.

(2) The qualifications for candidates laid down in Section 152 of the Ordinance shall, mutatis mutandis, apply to the election of member of the Council.

8.   Election Programme. The Tehsil Nazim or, as the case may be, Town Nazim shall notify the election programme at least fourteen days before the election specifying.

(i)               the date, time and place for receipt, registration and scrutiny of the papers of the candidates;

(ii)             Polling day; and

(iii)           any other matter which may be necessary for the information and assistance of voters and candidates.

9.   Registration of candidates.- (1) A candidate shall, upon payment of registration fee of rupees two thousand, apply to the concerned Returning Officer for registration of his name.

(2)        No proposer or seconder of a candidate for such registration shall be required.

10.            Scrutiny.- (1) The Returning Officer shall carry out scrutiny of the registration papers of the candidates, and shall dispose of all objections which may be raised orally or in writing by a candidate or a voter of the area.

(2) Subject to rule 11, the Returning Officer shall, on completion of the scrutiny, publish the names of candidates whose applications for registration are accepted.

11.            Appeals.- The candidate whose papers have been rejected during scrutiny may appeal to the District Coordination Officer of the district concerned within twenty-four hours of rejection of papers and orders passed on such appeal shall be final.

12.            Conduct of elections.- (1) The Tehsil Municipal Administration or, as the case may be, Town Municipal Administration shall be responsible for the conduct of elections of the Council and shall bear the expenses of such elections.

(2)             The Tehsil Municipal Officer or, as the case may be, Town Municipal Officer or such other officer as may be appointed by the Tehsil Nazim or Town Nazim shall act as the Returning Officer.

(3)             The Returning Officer may appoint such number of Assistant Returning Officers as are necessary for the conduct of elections.

(4)             The Returning Officer shall be responsible for-

(a)             making arrangements for the conduct of elections of the Council;

(b)             drawing up the list of polling stations: Provided that no polling station shall be located at a place which belongs to, or is under the control of any candidate;

(c)              arranging stationery and such other material which may be necessary for the conduct of elections;

(d)             preparing contingency plan in collaboration with the head of the      police of the area for maintaining law and order on the polling day      electioneering; and

(e)             appoint for each polling station, in consultation with the District Government, a Presiding Officer and such number of Assistant Presiding Officers and Polling Officers, as may be necessary, to assist the Presiding Officer.

(5)             The names of the Presiding Officers, Assistant Presiding Officers and Polling Officers, the date and time of elections and the names of the polling stations shall be made public through announcement in the mosques of the area.

(6)             The ballot papers shall be arranged by the Presiding Officer with the assistance of polling staff on plain paper of the size 4″ × 4″ using his official stamp and affixing his signatures thereon.

13.            Ballot box.- (1) Every candidate shall be responsible to deposit ballot boxes with the Presiding Officer at least twenty-four hours before the polling of votes conforming to the following specifications:-

(i)               Size: length 31 centimeters (1 foot) Width 31 centimeters (1 foot) Height  31 centimeters (1 foot) 8 × 2 centimeters slit at the top

(ii)             Type: wooden

(iii)           Provision for lock and key.

(2)             The name and photograph of the candidate shall be affixed on the top of the ballot box.

(3)             The ballot box shall be sealed by the Presiding Officer in presence of the candidates or their polling agents.

(4)             Each candidate, if he considers that his ballot box has been filled in, shall be allowed to place the second or third ballot box if, need be.

14.            Polling procedure.- (1) The Returning Officer shall announce the polling time of six hours: Provided that all voters present in the premises of the polling station at the closing time of polling shall be allowed to cast their votes.

(2)             Every voter shall be required to affix his thumb impression on the ballot paper before the Presiding Officer.

(3)             The voter shall, after voting for the candidate of his choice, drop the ballot paper by inserting it through the slit in the ballot box, which shall be kept at a place ensuring secrecy of the ballot.

15.            Counting of votes.- (1) The Presiding Officer shall count the votes immediately after the close of polling hours in presence of the candidates or their polling agents and subject to sub-rule (2) announce the result of elections.

(2) If the Presiding Officer finds that there is equality of votes between two or more candidates and the addition of one vote for one such candidate shall entitle him to be declared elected, the Presiding Officer shall forthwith, in presence of the candidates or their polling agents, draw a lot in respect of such candidates, and the candidate who secure highest votes in the lot shall be deemed to have been elected.

16.            Announcement of result.- (1) The result of elections shall be announced by the Presiding Officer immediately on completion of the counting of votes.

(2) A copy of the result sheet shall be provided by the Presiding Officer to the candidates or their polling agents.

17.            Declaration of Chairperson of the Council.- The candidate securing highest number of votes in the election shall be declared by the Presiding Officer as Chairperson of the Council.

18.            Polling and election record.- As soon as the polling process is over, the result sheets and other record of the election shall be sent by the Presiding Officer to the Returning Officer who shall forthwith forward the same to the Tehsil Municipal Administration or, as the case may be, Town Municipal Administration.

19.            Notifications. The names of the newly elected Chairperson and members of the Council shall be notified by the Tehsil Municipal Administration or, as the case may be, Town Municipal Administration within twenty-four hours after the election.

20.            General. (1) The provisions contained in Sections 166 to 179 of the Ordinance shall apply to the elections of Councils.

(2)        For matters not specifically provided in these rules, the provisions of the Punjab

Local Government Elections Rules, 2003 shall, as for as possible, apply to-

(a)               unopposed and uncontested elections;

(b)               retirement and death of the candidates;

(c)                disposal of disputes regarding casting and counting of votes; and (d)           powers of the Returning officers and the Presiding Officers.