Notifications Under Local government Ordinances, 2001

No. F. 1(14)/2002-law, dated 28-1-2004 (Disqualification of Nazims etc.)

No. F. 1(17/2002-Law (1), Dated 24.2.2004 (Disposal of cases involving disqualification)

No. F. 1(14)/2002-Law, dated 28-1-2004 (Procedure For Filing Application Under Section 152 Of The Ordinances)

Local government Ordinances, 2001

 

[Gazette of Pakistan, Extraordinary, Part-II, 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 g 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 152 of the Ordinances for disqualification of Nazims, Naib Nazims and Members of Union councils, Tehsil/Town councils and Zila Councils: 

 

1.         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 numbered properly containing the Index with full description of annexures, which shall be legible.

(7)               Illegible copies shall be typed and all annexures 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 allegation should not be vague but stated with particularly.

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

 

III.       Inquiry procedure under section 161 of the ordinance:

 

            Where proceedings of disqualification under section 152 of the Ordinances have been initiated against a member, Nazim or Naib Nazim, as the case may be, on an application made by any person or by the Chief Election Commissioner on his own motion, the Election commission or any authority authorized by it, as the case may be:

 

(1)               may issue show-cause notice to the member, Nazim or Naib Nazim asking him to show-cause within 15 days of the receipt of the notice as to why proceedings against him may not be taken for his removal for breach of any of the provisions of Section 152 of the Ordinances;

(2)               on being dissatisfied with the reply to the notice to show cause under sub-section (1) of section 161 of the Ordinances or any reply to the said notice is not filed within the period fixed by him, he may order for an enquiry in the matter and for that purposes appoint an Inquiry officer.

(3)               The Inquiry officer so appointed under section 161(2) of the Ordinance shall, in the first place, inform the member, Nazim or Naib Nazim as the case may be, of allegations leveled against him in the application filed under section 152 of the ordinances for his disqualification.

(4)               The inquiry officer may require such member, Nazim or Naib Nazim as the case may be, to put in a written defense, within a reasonable time of not less than seven days or more than fourteen days, and to state at the same time whether he desires to be heard in person. 

(5)               The Inquiry Officer shall enquire into the allegation of disqualification and may examine such oral or documentary evidence in support thereof or in defense of the member, Nazim or Naib nazim, as the case may be.

(6)               The Inquiry officer shall hear the case from day to day and no adjournment shall be given except in aid of justice for reasons to be recorded in writing. In no case such adjournment shall exceed the period of a week.

(7)               Where the Inquiry officer is satisfied that such member, Nazim or Naib nazim, as the case may be, is hampering or attempting to hamper the proceedings of the enquiry he shall administer warning and if there after he is satisfied that such member, Nazim or Naib Nazim, as the case may be, is acting in disregard of the warning he shall record a finding to that effect and proceed to complete the inquiry in such manner as he may thing, best suited to do substantial justice.

(8)               The Inquiry officer shall, within ten days or within such period as specified by the authority on conclusion of the enquiry, submit his findings to the Election Commission or the Member Election Commission authorized by it, as the case may be.    

(9)               On receipt of the enquiry report the Election Commission or the member Election Commission authorized by it may proceed in the matter in accordance with the provisions of section 161(3) of the ordinances.

By order of the Election Commission of Pakistan.

Local government Ordinance, 2001

 

[Gazette of Pakistan, Extraordinary, part-III, 25^th February, 2004]

 

No. F. 1(17/2002-Law (1), Dated 24.2.2004.—Whereas, Section 161 of the local government Ordinances, 2001 of the Punjab, Sindh, NWFP and Balochistan respectively (hereinafter called the Ordinance) provide that where proceedings of disqualification under section 152 have been initiated on an application made by any person or by the chief Election Commissioner on his own motion against a member, Nazim or naib Nazim, the Election commission or any authority authorized by it may issue a notice to show-cause to a member, Nazim or, as the case may be, naib Nazim, within a specified period as to why proceedings against him may not be taken for his removal for breach of any of the provisions of section 152.

Whereas, if is expedient to authorise the Members Election commission for quick disposal of case involving disqualification under section 152 of the ordinances in terms of section 161 thereof filed against the members, Nazims or Naib Nazims, as the case may be;

And Whereas, it is also expedient for smooth administrative functioning of the Election Commission to authorise the Chief Election Commissioner to assign any case to any Member Election Commission to hear and decide the same under Section 161 of the ordinances; withdraw such case from that Member with a view to hear and decide the same by himself or to entrust the same to another Member or to re-transfer it to the Member from whom it was withdrawn or to place it before the Election Commission.

Now, therefore, in exercise of the powers conferred upon it under section 161 of the Ordinance and all other powers enabling in this behalf the Election commission is pleased to direct that the following Members Election commission shall hear and decide the cases of disqualifications under section 152 of the ordinances in terms of section 161 thereof filed against the members, Nazims of Naib Nazims, as the case may be, emanating from the area of jurisdiction mentioned against their names:

	Name of the Member	Jurisdiction
1	Mr. Justice Nasim Sikandar, Judge Lahore High court, Lahore	The area covered by the Lahore High court
2.	Mr. Justice Ahmed Khan Lashari, judge, Balochistan High court, Quetta.	The area Covered by the Balochistan High court.
3.	Mr. Justice Qazi Ehsanullah qureshi, judge, Peshawar High Court, Peshawar.	The Area covered by the Peshawar high Court.
4.	Mr. Justice Muhammad Sadiq Leghari, judge, High court of Sindh, Karachi.	The area covered by the High court of Sindh.

 

            The Election Commission is further pleased to authorize the Chief Election Commissioner to assign or transfer any case to any Member election Commission for its final disposal in respect of any area under Section 161 of the Ordinance; withdraw such case from a Member with a view to dispose of the same by himself or to entrust the same to another member or to re-transfer the same for trial and disposal to the Member from whom it was withdrawn or to place it before the election Commission.

 

            No. F. 1(7)/2002-Law(2).—Whereas, in partial modification of this commission’s Notification of even number, dated the 6^th March, 2002 and in exercise of the powers conferred upon him under Article 3 of the Local government Elections Order, 2000 (Chief Executive’s Order No. 8 of 2000) read with the local Government Elections Laws (Amendment) Order, 2002 (Chief Executive’s Order No.9 of 2002), the Chief Election Commissioner is pleased to direct that the following Members, Election Commission, shall exercise and perform all powers and functions of the Chief Election Commissioner under the aforementioned order in respect of area of jurisdiction mentioned against their names with immediate effect and until further orders:

 

	Name of the Member	Jurisdiction
1	Mr. Justice Nasim Sikandar, Judge Lahore High court, Lahore	The area covered by the Lahore High court
2.	Mr. Justice Ahmed Khan Lashari, judge, Balochistan High court, Quetta.	The area Covered by the Balochistan High court.
3.	Mr. Justice Qazi Ehsanullah qureshi, judge, Peshawar High Court, Peshawar.	The Area covered by the Peshawar high Court.
4.	Mr. Justice Muhammad Sadiq Leghari, judge, High court of Sindh, Karachi.	The area covered by the High court of Sindh.

 

            Provided that the Chief Election Commissioner may assign or transfer any case to any Member, election Commission for its final disposal in respect of any area under the Local Government Ordinances, 2001 of the Punjab, Sindh, NWFP and Balochistan respectively from a Member with a view to dispose of the same by himself or to entrust the same to another Member or to retransfer it for disposal to the member from whom it was withdrawn.

            By order of the Chief Election Commissioner of Pakistan.    

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;