Balochistan Local Government Election Ordinance, 2000
Short title, extent and commencement
Zila Nazim and Naib Zila Nazim
Tehsil Council and Town Council
Special Minority Seats
Authority for local government elections
Delimitation of wards
Qualifications for Candidates and Elected Members
Local Government Elections shall be held on non-party basis
Joint candidacy and elections
Allocation of Reserved seats
Election to vacant Seats
Bar against double membership
Term of office
Notifications to be issued
Prohibition of Canvassing
Disorderly Conduct near Polling Station
Tampering with papers
Interference with the secrecy of voting
Failure to Maintain Secrecy
Conduct of Officials
Breach of official duty
Assistance by government servants
Power of the Chief Election Commissioner to punish for contempt
Removal of difficulties
Balochistan Local Government Election Ordinance, 2000
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.
(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.
(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.
(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.