7th October 1979
No. E. A. P. 1179.In exercise of the powers conferred by section 25 of the Punjab Local, Government Ordinance, 1979, the Election Authority hereby makes the following rules, namely:.
1. Short title and commencement. –
1) These rules may be called the Punjab Local Councils (Election Petitions) Rules, 1979.
2) They shall come into force at once.
I) In these rules, unless there is anything repugnant in the subject or context.
a) ‘election’ means an election held under the Ordinance and the Election Rules to fill a seat in a local council or of a Chairman or Vice. Chairman;
b) ‘election petition’ means an election petition made under the Ordinance and these rules;
c) ‘Election Rules’ means the Punjab Local Councils (Election) Rules, 1979;
d) ‘Tribunal’ means an Election Tribunal appointed under section 25;
e) ‘Ordinance’ means the Punjab Local Government Ordinance, 1979;
f) ‘rules’ means the Punjab Local Councils (Election Petitions) Rules, 1979; and
g) ‘section’ means a section of the Ordinance.
2) The words and expressions used but not defined in these rules shall have the same meaning as are respectively assigned to them in the Ordinance and the Election Rules.
3. Manner of filling an election petition. –
1) An election petition shall be presented within thirty days next after the publication of the result in the official Gazette.
2) An election petition shall be presented to the Tribunal by a candidate (hereinafter called a petitioner) and shall be deemed to have been presented.
a) when it is delivered to the Tribunal by the petitioner or his authorized age at; or
b) when sent by registered post to the Tribunal.
3) An election petition sent by registered post shall be deemed to have been received in time in the office of the Tribunal it was posted within the time mentioned in sub- rule (1).
4) A petition under sub-rule (1) shall be accompanied by a receipt showing that the petitioned has deposited a sum of rupees five hundred in any branch of the National Bank of Pakistan in favour of the Election Authority as security for the costs of the petition.
5) At any time during the trial of the election petition, the Tribunal may call upon the petitioner to deposit an additional amount as security and the additional amount so required shall be deposited by the petitioner in the same manner as the original deposit. The Tribunal shall refund the balance of the deposit after deducting the costs awarded, if any.
4. Parties to the petition. . The petitioner shall implead as respondents in the election petition.
a) all contesting candidates in the electoral unit concerned; and
b) any other candidate against whom any allegation of any corrupt or illegal practice is made; and shall deliver a copy of the petition to the respondents either personally or by registered post.
5. Contents of petition. –
1) Every election petition shall contain.
a) a precise statement of the material facts on which the petitioner relies; x,.,
b) full particulars of any corrupt or illegal practice or other illegal act alleged to have been committed including as full a statement as possible of the names of the parties alleged to have committed such corrupt or illegal practice or illegal act and the date and place of the commission of such practice or act; and
c) the relief claimed by the petitioner.
2) A petitioner may claim as relief any of the following declarations, namely: .
a) that the election of the returned candidate is void;
b) that the election of the returned candidate is void and that the petitioner or some other person has been duly elected; or
c) that the election as a whole is void.
3) Every election petition and every schedule or annexure to the petition shall be signed by the petitioner and verified in the manner as lain down in the Code of Civil Procedure, 1908 (Act V of 1908), for the verification of pleadings.
6. Place of trial. . The trial of an election petition shall be held at such place or places as the Tribunal may think fit.
7. Appearance before Tribunal. . Any appearance, application or act before a Tribunal may be made or done by a party in person or by a duly authorized agent;
Provided that the Tribunal may, where it considers necessary direct any party to appear in person.
8. Procedure before Tribunal. –
1) Subject to the provisions of the Ordi¬nance, the Election Rules and these rules every election petition shall be tried, as nearly as may be, in accordance with the procedure for the trial of suits under the Code of Civil Procedure, 1908 (Act V of 1908)
Provided that the Tribunal may..
a) where the election petition claims as relief a declaration that the election of the returned candidate is void on the ground that the returned candidate was not. on the nomination day, qualified for, or was disqualified from, being elected as a member, decide the question of such qualification or disqualification as a preliminary issue;
b) make a memorandum of the substance of the evidence of each witness as his examination proceeds unless it considers that there is a special reason for taking down the evidence of any witness in full;
c) refuse to examine a witness if it considers that his evidence is not material or that he has been called on a frivolous or vexatious ground, for the purpose of delaying the proceedings or defeating the ends of justice; and
d) refuse to issue any summons for the appearance of any witness unless, within 3 days following the date on which the parties are called upon to produce their evidence; any party intimates the Tribunal that it desires a witness to be summoned through the Tribunal and the Tribunal is satisfied that it is not possible or practicable for such party to produce the evidence.
2) The Tribunal may permit the evidence of any witness to be given by means of an affidavit; .
Provided that if the Tribunal deems fit, it may call such witness for the purpose of examination before it.
3) Subject to the provisions of the Ordinance, the Election Rules and these rules the Evidence Act; 1872 (1 of 1872), shall apply to the trial of an election petition.
4) The Tribunal may, at any time, upon such terms and on payment of such costs as it may direct, allow a petition to be amended in such manner as may, in its opinion, be necessary for ensuring a fair and effective trial and for determining the real questions in controversy, so however that no new ground of challenge to the election is permitted to be raised.
9. Dismissal of petition during trial. . The Tribunal may dismiss an election petition if.
a) the provisions of rules 3, 4 and 5 have not been complied with; or
b) the allegations contained therein are vague or do not disclose the commission of any corrupt practice, material irregularity or other illegal act ; or
c) the petitioner fails to make the further deposit required under sub, rule (5) of rule 3.
10. Powers of Tribunal. . The Tribunal shall have all the powers of a civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1903), and shall be deemed to be civil Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898).
11. Recrimination where seat is claimed. –
I) Where in an election petition a declaration is claimed that a candidate other than the returned candidate has been duly elected, the returned candidate or any other party may produce evidence to prove that the election of such other candidate would have been declared void had he been the returned candidate and had a petition been presented calling his election in question.
Provided that the returned candidate or such other party as aforesaid shall not be entitled to give such evidence unless be or it has within fourteen days next following the commencement of the trial, given notice to the Tribunal of his intention so to do and has also deposited the security referred to in rule 3.
2) Every notice referred to in sub-Rule (1) shall be accompanied by a statement of the case, and all the provisions relating to the contents verification , trial procedure of an election petition or to the security deposit in respect of an election petition shall apply to such a statement as if it were an election petition,
12. Decision of the Tribunal. . The Tribunal may; upon the conclusion of the trial of an election petition, make an order.
a) dismissing the petition;
b) declaring the election of the returned candidate to be void;
c) declaring the election of the returned candidate to be void and the petitioner or any other contesting candidate to have been duly elected; or
d) declaring the election as a whole to be void.
13. Ground for declaring election of returned candidate void. –
1) The Tribunal shall declare the election of the returned candidate to be void if it is satisfied that.
a) the nomination of the returned candidate was invalid; or
b) the returned candidate was not, on the nomination day qualified for, or was disqualified from, being elected as a member or Chairman or Vice. Chairman, as the case may be; or
c) the election of the returned candidate has been procured or induced by any corrupt or illegal practice; or
d) a corrupt or illegal practice has been committed by the returned candidate or his election agent or by any other person with the connivance of the candidate or his authorized agent, or
2) The election of a returned candidate shall not be declared void on the ground.
a) that any corrupt or illegal practice has been committed, if the Tribunal is satisfied that it was not committed by or with the consent or connivance of that candidate or his election agent and that the candidate and the election agent took all reasonable precaution to prevent its commission; or
b) that any of the other contesting candidates was, on the nomination day, not qualified for or was disqualified from, being elected as a member.
14. Ground for declaring a person other than a returned candidate elected.¬ . The Tribunal shall declare the election of the returned candidate to be void and the petitioner or any other contesting candidates to have been duly elected, if it is so claimed by the petitioner or any of the respondents and the ;,; Tribunal is satisfied that the petitioner or such other contesting candidate was entitled to be declared elected.
15. Ground for declaring election as a whole void. . The Tribunal’ shall declare 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.
a) the failure of any person to comply with the provisions of the Ordi¬nance or the Election Rules; or
b) the prevalence of extensive corrupt or illegal practices at the election.
16. Decision in case of equality of votes. –
1) Where, after the conclusion of the trial, it appears that there is an 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 Tribunal shall 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.
2) Before proceeding to draw a lot under sub-Rule (1), the Tribunal shall give notice to the contesting candidates between whom there is an equality of votes and shall proceed to draw a lot on the day and at the time and place stated in the notice; .
Provided that, if the contesting candidates are present when it appears that there is an equality of votes between them, the Tribunal may proceed forth¬with to draw a lot without giving notice as aforesaid.
17. Other provisions relating to Tribunal. .
1) An order of the Tribunal under rule 12 shall take effect on the date on which it is made and shall be communicated to the Election Authority and the Government.
2) The Tribunal shall after an election petition has been disposed of forward the record thereof to the Deputy Commissioner who shall retain it for a period of four years from the date of its receipt and shall thereafter cause it to be destroyed.
18. Withdrawal of petition. –
1) An election petition may be withdrawn by the petitioner by leave of Tribunal at any time during the course of trial.
2) Where leave is granted by the Tribunal, the petitioner shall be ordered to pay the costs incurred by respondents to the election petition or such portion thereof as the Tribunal may direct.
19. Abatement on death of petitioner . An election petition shall abate on the death of a sole petitioner or of the sole survivor of several petitioners.
20. Death or withdrawal of respondent. . If, before the conclusion of the trial of an election petition, a respondent dies or gives notice in writing that he does not intend to contest the petition and no respondent remains to contest the petition, the Tribunal shall without any further hearing or after giving such person as it may think fit .an. opportunity of, being heard, decide the case ex parte.
21. Failure of petitioner to appear- . Where, at any stage of the trial of an election petition, no petitioner makes an appearance the Tribunal may dismiss the petition for default and make such order as to costs as it may think fit.
22. Order as to costs. –
1) The Tribunal shall, when making an order under rule 12, also make an order determining in its discretion the costs and specifying the persons by and to whom such costs are to be paid.
2) if, in any order as to costs under sub-Rule (1) there is a direction for the payment of costs by any party to any person, such costs shall, if they have not already been paid, be payable in full and shall, upon application in writing in that behalf made to the Tribunal within sixty days of the order by the person to whom costs have been awarded, be paid as far as possible, out of the security for costs deposited by such party.
3) Where no costs have been awarded against a party who has deposited security for costs, or where no application for payment of costs has been made within the aforesaid sixty days, or where a residue remains after costs have been paid out of the security or the residue thereof, as the case may be, such security or the residue thereof, shall, upon application in writing therefore by the person who made the deposit or by his legal representative, be returned by the Tribunal to the person making the application.
4) Any order for costs may be enforced upon an application in writing made to the principal civil Court of original jurisdiction of the District in which the electoral unit to which the disputed election relates is situated as if such order were a decree passed by that Court;
Provided that no proceeding shall be brought under this sub-Rule except in respect of costs, which have not been recovered by an application under sub-Rule (2).
23. Supply of copies of decisions of petitions. –
1) Copies of any interim or final orders passed by a Tribunal on any election petition may be furnished to the parties to the petition be furnished the Tribunal, on an application in writing.
2) The fee for the supply of copies mentioned in sub-Rule (1) shall be one rupee for the first two hundred words or a fraction thereof and fifty paisa for every additional hundred words or a fraction thereof.
3) Every application for the supply of copies under sub-Rule (1) shall be accompanied by court-fee stamps of the requisite value.