1 Short title, extent and commencement
3 Local Areas
5 Zila Nazim and Naib Zila Nazim
6 Zila Council
7 Tehsil Council and Town Council
8 Union Councils
9 Special Minority Seats
12 Authority for local government elections
13 Delimitation of wards
14 Qualifications for Candidates and Elected Members
15 Local Government Elections shall be held on non-party basis
16 Joint candidacy and elections
17 Allocation of Reserved seats
18 Electoral rolls
18-A Election to vacant Seats
19 Bar against double membership
20 Term of office
21 Notifications to be issued
22 Corrupt Practice
25 Undue influence
26 Illegal practice
27 Prohibition of Canvassing
28 Disorderly Conduct near Polling Station
29 Tampering with papers
30 Interference with the secrecy of voting
31 Failure to Maintain Secrecy
32 Conduct of Officials
33 Breach of official duty
34 Assistance by government servants
35 Summary trial
35-A Power of the Chief Election Commissioner to punish for contempt
37 Over-riding effect
38 Removal of difficulties
Balochistan Local Government Election
ORDINANCE, NO.VI OF 2000
5th October, 2000
An Ordinance to provide for
holding elections for the establishments
of local governments in the Province of Balochistan.
WHEREAS, it is expedient to provide for holding elections for the establishment of local governments in the Province of Balochistan;
AND WHEREAS, in pursuance of the Proclamation of Emergency dated 14th October, 1999, and under Article 3 (2) of the Provisional Constitution Order No. 1 of 1999, dated 14th October, 1999, the Governor of a Province is to act on the instructions of the Chief Executive;
AND WHEREAS, under Article 4 of the Provisional Constitution (Amendment) Order No. 9, of 1999, the Governor of a Province may, on the instructions of the Chief Executive of Pakistan, issue and promulgate an Ordinance;
AND WHEREAS, under the Local Government Elections Order (No. 8 of 2000), the Chief Executive of Pakistan has been pleased to empower the Chief Election Commissioner of Pakistan to conduct Local Government Elections in the Province;
AND WHEREAS, the Governor is satisfied that circumstances exist which render it necessary to take immediate action;
NOW THEREFORE, in exercise of the aforesaid powers and all powers enabling him in that behalf, the Governor of the Province of Balochistan, on the instructions of the Chief Executive of Pakistan, is pleased to make and promulgate the following Ordinance:
1. Short title, extent and commencement:- (1) This Ordinance may be called the Balochistan Local Government Election Ordinance, 2000.
(2) It extends to whole of the Balochistan.
(3) It shall come into force at once.
2. Definitions: – In this Ordinance, unless the context otherwise requires,-
(1) ‘district’ means a district or an area declared to be a ‘city district’, under this Ordinance;
(2) ‘district government’ means local government of a district or a city district;
(3) ‘elector’ means a person whose name for the time being appears on the electoral roll for a ward prepared or adapted under this Ordinance;
(4) ‘Government’ means the Government of the Balochistan;
(5) ‘local area’ means the area under the jurisdiction of a local government;
(6) ‘local government’ means a district government, a city district government, a Tehsil government, a town government and a union government;
(7) ‘mauza’ means a revenue estate as defined or declared under the Balochistan Land Revenue Act, 1967 (W.P. Act XVII of 1967);
(8) ‘member’ means an elected member of a local elected body, and includes a Nazim and a Naib Nazim;
(9) ‘Nazim’ means a Zila Nazim, a Tehsil Nazim, a town Nazim or a Union Nazim;
(10) ‘peasant’ means a person who is a land-less farm worker or, one who during the period of five years preceding the year in which the election is held, has been the owner of not more than five acres of land and depends directly on it for his subsistence;
(11) ‘worker’ means a person, including a worker as defined in the Industrial Relations Ordinance, 1969 (XXIII of 1969), directly engaged or dependent on personal labour for subsistence living;
(12) ‘Zila council’ means the council of a district or a city district declared under this Ordinance; and
(13) ‘Zila Nazim’ means Nazim of a district or a city district.
3. Local Areas. (1) For the purposes of this Ordinance –
(a) the local areas shall be district, towns, Tehsils and unions;
(b) the government may, by notification , declare-
(i) any area comprising one or more Muaziaat or, in case of areas where settlement of land under the Land Revenue Law has not taken place, one or more population census villages and in the case of an area with urban characteristics comprising one or more population census blocks delimited for the last proceeding census to be a union; and
(ii) any area to be a town , a tehsil or a district.
(2) As for as may be,
(a) the area of union shall be a territorial unity;
(b) the area of a union shall not cross the limits of a town or a Tehsil;
(c) the area of a union in a Tehsil shall comprise a whole number of Patwar circles, or a Patwar circle may contain a number of whole unions;
Provided that in specific cases the Government may, for reasons to be recorded, waive the aforesaid conditions.
(d) the area of a union in a city district or in a union with urban characteristics shall comprise a whole number of census blocks as delimited for the purpose of the last preceding population census;
(e) A Tehsil or a town shall comprise a number of unions as appropriate;
(f) the population of unions within a district shall be similar;
(3) Government or an officer authorized by it shall invite objections on proposals relating to delimitation of unions and after giving an opportunity of being heard dispose them of in such manner as may be deemed fit.
Provided that the appellate authority shall be appointed if Government authorises an officer to invite objections of the proposals.
4. Constitution. (1) Subject to the provisions of this Ordinance, there shall be constituted:-
(a) a district government for a district;
(b) a city district government in a city district;
(c) a tehsil government for a tehsil;
(d) a town government for a town; and
(e) a union government for a union.
(2) Subject to the provisions of this Ordinance, every local government shall be a body corporate, known as the case may be, by the name of the district, Tehsil, town or union or by such name or number as the district government may assign, and shall have perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and transfer any property held by it, and to contract and to do all other things necessary for the purposes of its constitution, and may sue and be sued in its corporate name.
5. Zila Nazim and Naib Zila Nazim. There shall a Nazim and a Naib Zila Nazim of a district.
6. Zila Council. (1) The Nazims of all union councils in the district shall be members of the Zila council.
(2) In addition to the members specified in sub section (1), the following percentages of the total number of seats in the zila council shall be reserved seats:
(a) thirty three percent for women.
(b) five percent for peasants and workers subject to a minimum of one seat.
(c) five percent, subject to a minimum of one seat, for minority communities.
(3) The Naib Zila Nazim of the district shall be the speaker of the Zila council.
7. Tehsil Council and Town Council. (1) All Naib Nazims of union councils in a town or a Tehsil shall be members of the town council or, as the case may be, of tehsil council.
(2) In addition to the members specified in sub-section (1), the following percentages of the total number of seats in the tehsil council and the town council shall be reserved seats:-
(a) thirty three percent for women,
(b) five percent for peasants and workers, subject to a minimum of one seat
(c) five percent, subject to a minimum of one seat, for minority communities.
(3) In a sparsely populated Tehsil or, a Tehsil in a district with a single Tehsil, Government may dispense with the need for constituting a Tehsil Council.
(4) There shall be a Nazim and a Naib Nazim of a town council and a Tehsil council.
(5) The Naib Tehsil Nazim and the Naib Town Nazim shall be the speaker of the tehsil council or the town council, as the case may be.
8. Union Councils. There shall be 21 members of a union council as follows:
(a) twelve seats for muslims, including four seats reserved for women,
(b) six seats reserved for peasants and workers, including two seats for women to represent peasants and workers,
(c) save as otherwise provided, one seat reserved for minority communities,
(d) union Nazim,
(e) naib union Nazim.
9. Special Minority Seats. In a union where the population of minorities is in excess of ten percent of the total population of the union, reserved seats for minority communities mentioned in the preceding section shall be allocated in the manner prescribed by the Government.
10. Franchise. (1) Members of a union council shall be elected through elections based on adult franchise, and on the basis of separate electorate.
(2) Electoral college for the election of Zila Nazim and Naib Zila Nazim, town Nazim and Naib town Nazim, or Tehsil Nazim and Naib Tehsil Nazim shall be all the members of union councils in the District, town in a city district or a Tehsil, as the case may be.
(3) Electoral college for the election of reserved seats for women, peasants and workers, and minority population for Zila council, town council, or Tehsil council shall be all the members of union councils in the district, town in a city district or a Tehsil, as the case may be.
Explanation .- For the purpose of this section, all members of union councils notified as returned candidates in the elections held under this Ordinance shall be deemed to be members of the electoral college.
Provided that for the election of reserved seats of women for Zila council shall be divided proportionately among Tehsils or Towns of all the members of Union Councils in the concerned Tehsil or, as the case may be, Town.
11. Manifestoes. (1) The candidate for the seat of a Zila Nazim and a Tehsil and town Nazim shall before the election to such office, make public a manifesto containing the policies and programmes he proposes to pursue and implement if elected.
(2) The manifesto prepared under sub-section (1) shall be attached to the nomination paper.
12. Authority for local government elections. (1) The local government elections under this Ordinance shall be conducted by the Chief Election Commissioner.
(2) The Chief Election Commissioner may require any person or Authority to perform such functions or, render such assistance for the purpose of elections, including preparation of electoral rolls under this Ordinance as he may deem fit.
(3) The Chief Election Commissioner may authorize any of his officers to exercise any of his powers and to perform any of his functions under this ordinance.
13. Delimitation of wards. (1) The ward for election of a Zila Nazim and a Naib Nazim shall be a district; for a town Nazim and a Naib Town Nazim a town in a City District, for a Tehsil Nazim and a Naib Tehsil Nazim a Tehsil, and for a Union Nazim and Naib Union Nazim a union.
(2) The union shall be the multi-member ward for election of members of a Union Council other than Union Nazim and Naib Union Nazim .
14. 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 roll 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 teachings 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 nonmuslim, but such a person shall have a good reputation:
(e) has academic qualifications of not less than matriculation or secondary school certificate or equivalent from a recognized institution, for contesting the election of a Nazim or Naib Nazim;
(f) has 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 a 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 person who has resigned or retired from such service, a period of not less six months has elapsed since his retirement;
(h) has not been dismissed, removed or compulsorily retired from public service on 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 or 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 wilful defaulter of any tax or other financial dues owed to the federal, a provincial, 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 a competent jurisdiction on a 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 and 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) has not been declared an un-discharged insolvent by any court;
(o) does not engaged 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 local government 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 when required to do so by law.
(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.
(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.
(a) is found by the Chief Election Commissioner to have contravened the provision of sub-section (1), shall stand is qualified from being a candidate for election to a local government for a period of four years: or
(b) having been elected as a member of local government or being a holder of an elective office of 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.
15. Local Government Elections shall be held on non-party basis.
16. Joint candidacy and elections. (1) A Zila Nazim and a Naib Zila Nazim or a Town Nazim and a Naib town Nazim or a Tehsil Nazim and a Naib Tehsil Nazim or a union Nazim and a Naib union Nazim shall contest election in their respective wards as joint candidates.
(2) The Nazim and the Naib Nazim of a district government or a town government or a Tehsil government securing as joint candidates more than 50% of votes shall be declared elected.
(3) In case a Zila Nazim and a Naib Zila Nazim or a Town Nazim and Naib Town Nazim or a Tehsil Nazim and a Naib Tehsil Nazim do not secure more than 50% of the total votes of the members of the union councils in the district, there shall be held a fresh election, within one week of the first election, in which the joint candidates for such offices securing the highest and the second highest number of votes shall be contestants, and the joint candidates securing the highest number of votes in the fresh election shall be declared elected.
17. Allocation of Reserved seats.-
(1). Reserved seats for women in the Zila council shall be divided among the Towns in a City District or Tehsils in proportion to the number of Unions in such Towns or Tehsils.
(2) . A Town in a City District or a Tehsil shall be a multi-member ward for the reserved seats for women in the Zila Council, Town Council in a City District or Tehsil Council.
(3) . The District shall be a multi-member ward for the reserved seats for peasants and Workers and Minority population in the Zila Council.
18. Electoral rolls. (1) The electoral rolls for local government elections shall be prepared by the Chief Election Commissioner in the manner he deems fit. These electoral rolls shall not be invalid by reason of any erroneous description therein of any person listed or of an omission of the name of any person entitled to be enrolled or of inclusion of the name of any person not so entitled.
(2) A person shall be entitled to be enrolled as a voter if he-
(a) is a citizen of Pakistan;
(b) is not less than eighteen years of age on the first day of January of the year in which an election is to be held;
Provided that for the purpose of the first election under this Ordinance, the said date shall be the first day of January of the year 2000;
(c) fulfils such other conditions as the Chief Election Commissioner may specify.
18 A. Election to vacant Seats:- (1) If a seat of a member remains unfilled or becomes vacant during the term of office of a Council, a new member shall be elected through by-election and the member elected in by-election shall hold office for the remaining portion of the term of the Council.
(2) If any seat reserved for women remains vacant, the same shall be filled through by-elections and the elected women member shall hold office for the remaining portion of the term of the Council.
(3) All by-elections shall be held once a year on a date or dates fixed by the Chief Election Commissioner.
(4) A vacancy of Union Nazim or Naib Union Nazim shall be filled through by-election within sixty days of the occurrence of vacancy.
(5) A vacancy of Zila Nazim, Naib Zila Nazim, Tehsil Nazim or Town Nazim, Tehsil Naib Nazim or Town Naib Nazim shall be filled through by-election within thirty days of the occurrence of vacancy.
(6) When the office of a Zila Nazim or Naib Zila Nazim, Tehsil Nazim or Town Nazim, Naib Tehsil Nazim, or Naib Town Nazim, Union Nazim, or Naib Union Nazim remains unfilled or falls vacant, the members of the concerned Council shall be a majority vote elect an officiating Nazim or Naib Nazim as the case may be from amongst its members and the person so elected shall continued to retain his office as a member also:
Provided that the officiating Nazim or Naib Nazim shall not be a candidate in the by-election held for election of the Nazim or Naib Nazim respectively.
19. Bar against double membership. The holder of an elective office may contest election for any other political office; provided that he resigns before filing his nomination papers for election to the new office.
Explanation.- For the purpose of this section, a holder of an “elective office” means a person who has taken oath in accordance with the rules made under this Ordinance.
20. Term of office. (1) The term of office of a local government shall be three years commencing on the day on which it assumes office:
Provided that a local government notwithstanding the expiry of its term of office, shall continue to hold office until its successor assumes office.
(2) A Zila Nazim, a Naib Zila Nazim, a Town Nazim a Naib Town Nazim, a Tehsil Nazim a Naib Tehsil Nazim, a Union Nazim or a Naib Union Nazim shall not hold the same office for more than two terms.
21. Notifications to be issued. The results of every election or by-election shall be notified by the Chief Election Commissioner.
22. Corrupt Practice. A person is guilty of corrupt practice punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both, if he is guilty of bribery, personation or undue influence.
23. Bribery. A person is guilty of bribery, if he, directly or indirectly, by himself or by any other person on his behalf(
(1) receives, agrees or contracts for any gratification for voting or refraining from voting, or by being or refraining from being a candidate at, or withdrawing or retiring from an election;
(2) gives, offers or promises any gratification to any person;
(a) 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 any election; or
(iii) a candidate to withdraw or retire from an election; or
(b) for the purpose of rewarding-
(i) a person for having been or for having refrained from being a candidate at an election; or
(ii) a voter for having voted or refrained from voting at an election; or
(iii) a candidate for having withdrawn or retired from an election.
Explanation. In this section, ‘gratification’ includes a gratification in money or estimable in money and all forms of entertainment or employment for reward.
24. 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.
25. Undue influence. A person is guilty of undue influence, if he
(1) in order to compel any person to vote, refrain from voting, or to induce or compel any person to withdraw his candidature at an election, directly or indirectly, by himself or by any other person on his behalf
(a) makes or threatens to make use of any force, violence or restraint;
(b) inflicts or threatens to inflict any injury, damage, harm or loss;
(c) uses any official influence or governmental patronage; or
(2) on account of any person having voted or refrained from voting, or having withdrawn his candidature, does any of the acts specified in clause (1); or
(3) by abduction, duress or any fraudulent device or contrivance
(a) impedes or prevents the free exercise of the franchise by a voter; or
(b) compels, induces or prevails upon any voter to refrain from voting or compels any voter to vote.
Explanation. In this section, ‘harm’ includes social ostracism or excommunication or expulsion from any caste or community.
26. Illegal practice. A person is guilty of illegal practice punishable with fine which may extend to one thousand rupees, if he-
(1) obtains or procures, or attempts to obtain or procure, the assistance of any officer or official of the Federal Government, a Provincial Government or a local government or authority to further or hinder the election of a candidate;
(2) votes, or applies for a ballot paper for voting at an election knowing that he is not qualified for voting or is disqualified from voting;
(3) votes, or applies for a ballot paper for voting more than once at any polling station;
(4) removes a ballot paper or a ballot box from a polling station or destroys, damages or tampers with a ballot-box used at a polling station;
(5) knowingly induces or procures any person to do any of the aforesaid acts; or,
(6) fails to provide statement of election expenses as required under this Ordinance.
(7) makes or publishes a false statement
(a) concerning the personal character of a candidate or his relation calculated to adversely affect the election of such candidate or, for the purpose of promoting or procuring the election of another candidate, unless he proves that he had reasonable ground for believing, and did believe, the statement to be true;
(b) relating to the symbol of a candidate whether or not such symbol has been allocated to such candidate; or
(c) regarding the withdrawal of a candidate;
(8) 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 a person conveys himself or any member of the household to which he belongs, to or from the polling station; or
(9) causes or attempts to cause any person present and waiting to vote at the polling station to depart without voting.
27. Prohibition of Canvassing. A person is guilty of an offence punishable with fine which may extend to one thousand rupees, if he on the polling day in connection with the election
(i) convenes, calls or organizes within a ward any meeting; or
(ii) within a radius of two hundred meters of the polling station-
(a) canvasses for votes;
(b) solicits vote of any voter;
(c) persuades any voter not to vote at the election or for a particular candidate; or
(d) exhibits, except with the permission of the returning officer and at the place reserved for the candidate or his polling agent beyond the radius of one hundred meters 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.
28. Disorderly Conduct near Polling Station. A person is guilty of an offence punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both, if he
(1) uses, in such manner as to be audible within the polling station any gramophone, megaphone, loudspeaker or other apparatus for reproducing or amplifying sounds;
(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 voter visiting a polling station for the purpose of voting, or
(b) interferes with the performance of the duty of a presiding officer, polling officer or any other person performing any duty at a polling station; or
(4) abets the doings of any of the aforesaid acts.
29. Tampering with papers. A person is guilty of an offence punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, if he;
(a) fraudulently defaces or destroys any nomination paper or 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 authorized under the rules 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 or ballot papers in use for the purpose of election; or
(iii) breaks any seal affixed in accordance with the provisions of the rules;
(d) causes any delay or interruption in the beginning, conduct or completion of the procedure required to be immediately carried on the close of the poll; or
(e) fraudulently or without due authority attempts to do any of the aforesaid acts.
30. Interference with the secrecy of voting. A person is guilty of an offence punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees, or with both, 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, or
(3) communicates at any time any information obtained in a polling station as to the candidate for whom a voter in that station is about to vote or has voted.
31. Failure to Maintain Secrecy. Any candidate, or polling agent attending a polling station, or any person attending the counting of votes, is guilty of an offence punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both, if he:
(1) fails to maintain or aid in maintaining the secrecy of voting;
(2) communicates any information obtained at the counting of votes as to the candidate for whom any vote is given by any particular ballot paper.
32. Conduct of Officials. A presiding officer, polling officer or any other officer or clerk performing a duty in connection with an election, or any member of the police force, is guilty of an offence punishable with imprisonment of a term which may extend to six months, or with a fine which may extend to one thousand rupees or with both, if he, in the conduct or management of an election or maintenance of order at the 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;
(4) does any other act calculated to further or hinder the election of a candidate;
(5) fails to maintain or aid in maintaining the secrecy of voting.
(6) Communicates, except for any purpose authorized by any law, to any person before the poll is closed any information as to the name or number on the electoral rolls of any voter who has or has not applied for a ballot paper, or has or has not voted at a polling station; and
(7) communicates any information obtained at the counting of votes as to the candidate for whom any vote is given by any particular ballot paper.
33. Breach of official duty. A presiding officer or any other person employed by any such officer in connection with his official duties imposed by or under this Ordinance, is guilty of an offence punishable with fine which may extend to one thousand rupees, if he, without reasonable cause, does or omits to do an act in breach of any such official duty.
34. Assistance by government servants. A person in the service of the Federal Government, a Provincial Government, a local government or a body owned or controlled by the Federal or a Provincial government is guilty of an offence punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both if he, in any manner, gives any assistance calculated to further or hinder the election of a candidate.
35. Summary trial. All offences under this Ordinance except the offences under section 22 shall be triable summarily under the Code of Criminal Procedure, 1898.
35A. Power of the Chief Election Commissioner to punish for contempt.- The Chief Election Commissioner shall have the same power as the High Court has to punish any person for contempt of court under the Contempt of Court Act, 1976 (XLVI of 976), as if reference therein to a “Judge” was reference to the “Chief Election Commissioner”.
36. Cognizance. No court shall take cognizance of the offences under sections 32, 33 and 34 except on the complaint in writing of the returning officer concerned.
37. Over-riding effect. The provisions of this Ordinance shall have effect notwithstanding anything contained in the Balochistan Local Government Ordinance, 1980 (II of 1980) or any other law for the time being in force.
38. Removal of difficulties. The Government or the Chief Election Commissioner may by order provide for the removal of any difficulty which may arise in giving effect to the provisions of this Ordinance.
39. Rules The Government may make rules to give effect to the provisions of this Ordinance.