LOCAL GOVERNMENT ORDINANCES, 2001

[Gazette of Pakistan, extraordinary, Part-III, 29^th January, 2004]

No. F. 1(14)/2002-Law, dated 28-1-2004.—In exercise of the powers conferred under Section 161 of the Local Government Ordinances, 2001 of the Punjab, sindh, NWFP and Balochistan respectively (hereinafter called the ordinances) and all other powers enabling it in that behalf the Election commission of Pakistan of Pakistan is pleased to lay down the following procedure for the trial and disposal of applications filed under Sub-section (2) of Section 150 of the ordinances for disqualification of Nazims, Naib Nazims and members of Union Councils, Tehsil/Town councils and Zila Councils:

I. PROCEDURE FOR FILING APPLICATION UNDER SECTION 152 OF THE ORDINANCES:

(1) Every application shall be filed (in triplicate) in the Election Commission Secretariat or in the office of the Provincial Election Commissioner concerned.

(2) Every application shall be supported by an affidavit duly sworn by the applicant that he has not moved any other application or petition before the Commission, Tribunal or any Court of law on the subject matter. If otherwise, the particulars of that case and orders, if any, passed thereon shall be given by the applicant and copies thereof shall be appended.

(3) Every application shall be accompanied by the list of witnesses and all such documents and affidavits of the witnesses duly sworn as are desired to be produced by the applicant.

(4) Every application shall be typed in double space and shall be filed in person or through counsel duly authorized.

(5) Every application and every schedule or annex to that application shall be signed by the applicant and verified.

(6) Every application shall be page unnumbered properly containing the Index with full description of annexure, which shall be legible.

(7) Illegible copies shall be typed and all annexure shall be marked as mentioned in the application.

(8) Complete addresses of the applicant and the respondents shall be given in the title of the application along with address of the counsel for the applicant, if any.

II. CONTENTS OF THE APPLICATION:

(1) Every application shall contain a precise statement of the material facts, on which the applicant relies;

(2) The allegations should not be vague but stated with particularly.

(3) Every application shall specifically refer to the provisions of Section 152 of the Ordinance under which the applicant claims disqualification of the member, Nazim of Naid Nazim, as the case may be;