11 May 2013

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Code Of Conduct for Pakistan Election 2013

ELECTION COMMISSION OF PAKISTAN
****
NOTIFICATION

 

 

Islamabad, the 28th January, 2013

No.F.2(1)/2013-Cord.— WHEREAS, for the purpose of effective and meaningful consultation with the political parties as required under Article 18 of the Political Parties Order 2002, the draft Code of Conduct for political parties and candidates for General Elections 2013 was shared with the major political parties inviting their suggestions.

AND WHEREAS the suggestions received from the political parties were incorporated and the amended draft Code was further shared with the Senate’s Special Committee on Electoral Issues on the 7th January, 2013 and the draft code was then placed before the Election Commission in its meeting held on the 10th January, 2013 along with the suggestions given by the Senate’s Special Committee.

AND WHEREAS after due consideration of all the suggestions received from political parties and the Special Committee of the Senate, the Election Commission has approved the Code of Conduct for political parties and candidates for General Elections 2013.

NOW THEREFORE, in pursuance of Article 218(3) of the Constitution of the Islamic Republic of Pakistan read with Article 6 of the Election Commission Order 2002 (Chief Executive’s Order  No.1 of 2002), Article 18 of the Political Parties Order, 2002 (Chief Executive’s Order  No.18 of 2002), the directions of the Supreme Court of Pakistan in Workers’ Party Pakistan’s case (C.P.No.87/ 2011) and all other powers enabling it in that behalf, the Election Commission is pleased to issue the following Code of Conduct for political parties and candidates for the forthcoming General Elections 2013 and all subsequent bye-elections:

1.         General Conduct:

(1)          The political parties and candidates shall not propagate any opinion, or act in any manner prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan, as provided under Article 63 of the Constitution.

(2)          The parties and candidates shall abide by all the laws, rules, regulations and directions issued by the Commission, from time to time, relating to smooth conduct of elections and the maintenance of public order

(3)          The political parties and candidates shall at all times uphold the rights and freedom of the people of Pakistan as guaranteed by the Constitution and law.

(4)          All contesting candidates and their supporters shall avoid scrupulously all activities which are offences under the election laws, such as bribing of voters, intimidation and personation, canvassing within 400 yards of a polling station including setting up of camps, and holding public meetings during the period of 48 hours ending at midnight following the conclusion of the poll for an election in the constituency, etc.

(5)          Canvassing for votes, soliciting of votes, persuading any elector not to vote at the election or for a particular candidate is prohibited within a radius of 400 yards of the polling station.

(6)          Exhibiting, except with the permission of the Returning Officer and at a place reserved for the candidate or his election agent beyond the radius of 100 yards of the polling station, any notice, sign, banner or flag designed to encourage the electors to vote or discourage the electors from voting for any contesting candidate, is prohibited.

(7)          Incitement to violence or resort to violence during meetings, processions, or during polling hours shall be strictly avoided by contesting candidates and their supporters. They shall publicly condemn violence and intimidation and not use language that might lead to violence or resort to violence during meetings, processions, or during polling hours. No person shall in any manner cause injury to any person or damage to any property.

(8)          Contesting candidates and their supporters shall not procure the support or assistance of any person in the service of Pakistan to promote or hinder the election of a contesting candidate.

(9)          Contesting candidates shall dissuade their workers or sympathizers from destroying any ballot paper or any official mark on the ballot paper.

(10)        No person or political party or a contesting candidate and their supporters shall hoist or fix party flags on any public property or at any public place, except with the permission in writing from local government or authorities and on payment of such fee or charges as may be chargeable. .

(11)        Wall chalking as part of an election campaign shall be prohibited in all forms. Similarly use of loudspeaker shall not be allowed for election campaign except at the election meetings.

(12)        No person or a political party shall affix posters, hoardings or banners larger than the sizes prescribed by the Election Commission as under:

(a)       Posters                   2-feet x 3-feet

(b)       Hoardings               3-feet x 5-feet

(c)       Banners                  3-feet x 9-feet

(d)       Leaflets/Handbills    9-inches x 6 inches

 

The Head of district administration / Political Agent and the District Returning Officer shall be responsible for the effective implementation of this provision.

(13)        The political parties, contesting candidates and their supporters shall not indulge in offering gifts or gratifications or inducements to any person to stand or not to stand as a candidate, or to withdraw or not to withdraw his candidature.

(14)        Political parties, contesting candidates and their supporters may announce their overall development programme, but after the announcement of the election schedule till the day of polling, no candidate or any person on his behalf shall, openly or in secret, give any subscription or donation, or make promise for giving such subscription or donation, to any institution of their respective constituency or to any other institution.

(15)        Contesting candidates and their supporters shall refrain from speeches calculated to arouse parochial and sectarian feelings and controversy of conflicts between genders, sects, communities and linguistic groups.

(16)        The political parties, contesting candidates and their supporters shall refrain from deliberate dissemination of false and malicious information and shall not indulge in forgeries and disinformation to defame other political parties / leaders. The use of abusive language against the leaders and candidates shall be avoided at all costs.

(17)        Criticism of other political parties and opponent candidates shall be confined to their policies and programmes, past record and work. Parties and candidates shall refrain from criticism of any aspect of private life, not connected with the public activities of the leaders or workers of other parties. Criticism based on unverified allegations and distortion of facts shall be avoided.

(18)        Political parties, contesting candidates and their supporters shall not use any vehicle to transport to or from the polling station any elector except himself and members of his immediate family.

(19)        Political parties contesting candidates and their supporters shall not propagate against the participation of any person in the elections on the basis of gender, ethnicity, religion or caste.

(20)        The political parties, contesting candidates and their supporters or other persons shall not encourage or enter into formal or informal agreement / arrangement / understanding debarring WOMEN from becoming candidate for an election or exercising their right of vote in an election. The Political Parties shall encourage the women to participate in election process.

(21)        No transaction towards the election expenses shall be made through an account other than the account opened for the purpose.

(22)        All transactions relating to the election expenses shall be entered into with GST registered firms / persons, wherever it is possible.

(23)        The political parties, contesting candidates and their supporters shall extend all necessary help to law enforcement agencies for purposes of ensuring the safety and security of election materials, election officials and polling agents on polling day.

(24)        The Political Parties shall endeavor to provide equal opportunity to its qualified members both men and women to participate in electoral process.

(25)        Issuing of advertisements at the cost of public exchequer in the newspapers and other media and misuse of official mass media during the election period for partisan coverage of political news and publicity by the Federal, Provincial and Local governments shall be prohibited.

(26)        The right of every individual for peaceful and undisturbed domestic life shall be respected, irrespective of any resentment that a political party or a candidate may have against such individual for his political opinion or activities. Organizing demonstrations or picketing before the house of such individual with a view to protest against his political opinion or activities shall be prohibited under all circumstances.

(27)        No political party or candidate shall permit its / his followers to make use of any individual’s land, building, compound wall etc. without his permission for erecting flag-staffs, suspending banners, pasting notices, writing slogans etc.

(28)        The Political Parties and candidates shall firmly restrain their workers from exerting undue pressure against the print and electronic media, including newspaper offices and printing presses, or resorting to violence of any kind against the media.

(29)        There will be a complete ban on carriage and display of all kinds of weapons and fire arms in public meetings and processions as well as on the polling day and till twenty four hours after the consolidation of official results by the Returning Officer and official regulations in respect thereof shall be strictly observed. Aerial firing, use of crackers and other explosives at public meetings and at or near the polling stations by any person shall not be allowed.

(30)        The President, Prime Minister, Chairman / Deputy Chairman Senate, Speaker / Deputy Speaker of an Assembly, , Federal Ministers, Ministers of State, Governors, Chief Ministers, Provincial Ministers and Advisors to the Prime Minister and the Chief Ministers, and other public office holders shall not participate in election campaign in any manner whatsoever. This provision will also be applicable to the Caretaker setup.

(31)        All Governments’ functionaries / representatives, including local governments’ functionaries / representatives shall not announce any development scheme or do anything which tends to influence the results of an election in favor of or against a particular candidate or political party.

(32)        The political parties shall endeavour to take necessary steps to instill discipline within the party, its candidates, employees and supporters and guide them to follow this Code, comply with laws and regulations, commit no election irregularities and adhere to election regulations.

(33)        Posters, hoardings and banners affixed by one party shall neither be removed nor distribution of handbills and leaflets be prevented by workers of another party.

2.         Meetings / Processions / Rallies:

(34)        The Political Parties and candidates shall hold public rallies and processions only at the place or places through the routes specified for the purpose. Such places and routes shall be pre-determined in every city and town by district / local administration in consultation with respective candidates or their authorized representatives and be notified for public information.

(35)        The political parties and candidates shall convey their schedule of public rallies / processions / public jalsas at least three days in advance. District / Local Administration shall be responsible for making appropriate security arrangements and regulating such public rallies / processions / public jalsas in such a manner that equal opportunities are provided to those interested in holding public rallies / processions / public jalsas.

(36)        The District Administration shall ensure that no public rallies / processions shall be taken out by one party along places at which meetings are being held by another party.

(37)        The political parties and candidates may hold corner meetings.

(38)        Car rallies are not allowed to travel long distances except if the political parties, candidates or their supporters have pre-arranged corner meetings at specific designated places.

(39)        The organizers in consultation with the District administration shall take steps in advance to arrange for passage of the procession so that there is no blockage of or hindrance to traffic. If the procession is very long, it shall be organized in segments of suitable lengths, so that at convenient intervals, especially at points where the procession has to pass road junctions, the passage of held up traffic could be allowed by stages thus avoiding heavy traffic congestion and inconvenience of the general public.

3.         Polling Day:

(40)        The Political Parties and candidates shall:

(a)        Co-operate with the officers on election duty to ensure peaceful and orderly polling and complete freedom to the voters to exercise their franchise without being subjected to any annoyance or obstructions; and

(b)       Supply to their authorized polling agents badges or identity cards; and

(c)       Such authorized agents shall also carry their original NICs.

(41)        No candidate or any of his supporters or a polling agent shall interfere or create hindrance in any manner in official functioning of a presiding officer, assistant presiding officer, polling officer or security personnel appointed to perform duty at a polling station

(42)        No candidate or any of his supporters or a polling agent shall resort to violence in any form or manner against a presiding officer, assistant presiding officer, polling officer or security officials or any other person officially deputed to work at a polling station.

(43)        The Political Parties should carry out a comprehensive plan for voters’ education regarding marking the ballot paper, casting of vote and while doing so voters shall be informed that the secrecy of ballot shall be maintained.

(44)        In no case the political parties, candidates or their supporters shall establish camps near the polling station on the polling day. However, the Election Commission will provide the SMS facility to the voters through which each voter can get the information regarding his serial number at the voters’ list and name and location of the polling station.

(45)        Except the voters, candidates or duly authorized election agents, no one without a valid pass from the Election Commission or Provincial Election Commissioner, District Returning Officer or Returning officer concerned shall enter the polling station or a booth. Foreign / domestic observers and representatives of accredited bodies will also be provided access to witness the election process on production of the identification cards / passes issued to them by the aforesaid Election Commission authorities.

(46)        The District Returning Officer and Returning Officer shall be responsible to ensure implementation of the Code of Conduct, in their capacity as Magistrate First Class, through District / Local administration, district police or other law enforcing agencies, in the area of their jurisdictions, and violation thereof by any candidate or political party shall tantamount to malpractices as per law and rules and shall entail legal action as per law and rules including disqualification of the candidate.

 

By Order of the Election Commission of Pakistan.

 

 

(Ishtiak Ahmad Khan)

Secretary

Election Commission of Pakistan

Draft Bill for amendments in ROPA 1976

Draft Bill of ROPA 24-01-2013

Draft Bill for amendments in ROPA, 1976

To further amend the Representation of the People Act, 1976 (LXXXV of 1976) for the purposes hereinafter appearing:

 

Whereas it is expedient further to amend the Representation of the People Act, 1976 (LXXXV of 1976) for the purposes hereinafter appearing:

It is hereby enacted as follows:

1. Short title and commencement:

— (1) This Act may be called the Representation of the People (Amendment) Act, 2013.

(2) It shall come into force at once.

2. Amendment of Section 7, Act LXXXV of 1976.

— In the Representation of the People Act, 1976, hereinafter referred to as ‘the Act’, in Section 7, for sub-sections (6) and (7), the following new section shall be inserted, namely:

 

 

 

 

 

 

 

 

 

 

7A. Disciplinary Proceedings.

 

— (1) The Commission may, at any time, for reasons to be recorded in writing, suspend or withdraw any officer performing any duty in connection with an election, or any other public functionary, or any member of the police force or any other law enforcing agency who obstructs or prevent or attempts to obstruct or prevent the conduct of fair and impartial poll or interferes or attempts to interfere with an elector when he records his vote, or influence in any manner the polling staff or an elector or does any other act calculated to influence the result of election, or disobeys any order or avoid to carry out any instruction duly issued by the Commission or any officer authorized to issue any order or instruction.

 

(2) Notwithstanding anything contained contrary in any other law for the time being in force the Commission shall be competent to initiate and finalize disciplinary action and impose any penalty against any official for any act of misconduct provided in the efficiency and discipline rules as applicable to such official or under any provision of misconduct under this Act.

 

(3) Where the Commission suspends or withdraws any official, the Commission may refer the matter to the authorized officer appointed under sub-section (5).

 

(4) Where the Commission suspends or withdraws any official it may, if such official is working in any polling station, at once appoint any other officer to resume the duty of the official so removed.

 

(5) The Commission may appoint any officer to act as an authorized officer to initiate and finalize proceedings under efficiency and discipline rules or under this Act.

 

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(6) The authorized officer shall complete inquiry proceedings under efficiency and discipline rules as applicable to official concerned or under this Act within thirty days of such reference and submit report of the inquiry to the Commission within seven days of the completion of such inquiry.

 

(7) The Commission may impose any penalty as provided in efficiency and discipline rules applicable to such official or any penalty provided under this Act.

 

(8) Any official aggrieved by any final order passed by the Commission, may prefer an appeal within thirty days of receipt of such order to the High Court concerned and the order passed in appeal shall be final. ”

 

 

 

3. Substitution of Section 8, Act LXXXV of 1976.—

 

 

 

In the said Act, for section 8, the following shall be substituted, namely:

 

 

 

 

 

 

 

 

 

 

8. Polling Stations.

 

— (1) The Commission shall provide to the Returning Officer a draft list of polling stations for each constituency in the prescribed format;

 

(2) The Returning Officer, after physical verification of each polling station mentioned in the draft list submitted under sub-section (1), may make such alterations in that list as he may deem necessary and shall publish the same within a period of fifteen days inviting objections from the electors of that constituency to be filed with the District Returning Officer within a period of ten days of the publication of draft list.

 

(3) The District Returning Officer, after due notice to the objector and after making such inquiry as he may deem fit, shall decide the objections within a period of seven days.

 

(4) A final list of polling stations specifying the electoral area, the electors whereof will be entitled to vote shall be published in the official gazette by the District Returning Officer at least fifteen days before the polling day after making necessary changes therein in the light of decisions made by him on the objections.

 

(5) No change shall be made in the final list of polling stations published in the official gazette under sub-section (4) except with the prior approval of the Commission.

 

(6) The Returning Officer shall establish in each constituency polling stations according to the final list published under sub-section (4).

 

(7) A polling station shall be situated in a Government building for the constituency and, where no Government building is available for the purpose, an improvised polling station shall be set up on a public property:

 

Provided that no polling station shall be located in any premises which belong to, or are under the direct or indirect control of any candidate.”

 

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4. Amendment of Section 11, Act LXXXV of 1976.—

 

 

 

In the said Act, in section 11,

 

 

 

(a) In sub-section (1);

 

(i)

 

in clause (b), for the word “seven”, the word “thirty”, shall be substituted;

 

(ii)

 

in clause (e), for the word “seventh”, the word “tenth” shall be substituted; and

 

(iii)

 

after clause (e), as amended aforesaid, the following proviso shall be added:

 

“Provided that the Tribunal may commence the hearing of appeals with the filing of such appeals without waiting for the last date of filing thereof;” and

 

(b) existing sub-section (3) and sub-section (4) shall be renumbered as sub-section (2) and sub-section (3);

 

 

 

5. Amendment of Section 13, Act LXXXV of 1976

 

 

 

.— In the said Act, in Section 13, in sub-section (1), in clause (a),-

 

(a) in clause (i), for the words “four thousand”, the word “fifty thousand” shall be substituted; and

 

(b) in clause (ii), for the words “two thousand”, the word “twenty five thousand” shall be substituted.

 

(c) after clause (ii), as amended aforesaid, the following two provisos shall be added, namely:

 

“Provided that the sum deposited shall not be refunded to a candidate who has received less than one fourth of the total number of votes cast at the election:”

 

” Provided further that a deposit which is required to be refunded shall not be returned after three months of the termination of the proceedings or, as the case may be, the declaration of the result of the election; and”

 

(d) after sub-section (2), the following new sub-section shall be added, namely:

 

(3) A deposit which is not required to be returned under sub-section (2) shall be forfeited to the Federal Government”

 

 

 

6. Amendment of Section 14, Act LXXXV of 1976

 

 

 

.— In the said Act, in Section 14,

 

 

 

(i) in sub-section (3), in clause (d), clause (1a), in the proviso, clause (1a) shall be renumbered as clause (ii) and shall be substituted as under:

 

 

 

“(ii). the Returning Officer may, for the purpose of scrutiny, require any person, agency or authority to produce any document, record or information and any such person, agency or authority shall provide the requisite document, record or information within the time specified by the Returning Officer.

 

 

 

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(ii) the existing clauses (ii) and (iii) shall be renumbered as clauses (iii) and (iv);

 

(iii) the existing sub-section (3A), (4), (5), (5A), (6) and (7) shall be renumbered as sub-section (4), (5), (6), (7), (8) and (9), respectively; and

 

(iv) for existing sub-section (5), renumbered as sub-section (6) as aforesaid, the following shall be substituted, namely:

 

“(6) A candidate may prefer an appeal against the decision of the Returning Officer rejecting or, as the case may be, accepting the nomination paper of the candidate to the Tribunal constituted for the constituency to which the nomination relates and consisting of not less than two nor more than three Judges of the High Court nominated by the Commission, in consultation with the Chief Justice of the High Court concerned and such appeal shall be summarily decided within such time as may be notified by the Commission and any order passed thereon shall be final”

 

 

 

7. Amendment of Section 23, Act LXXXV of 1976

 

 

 

.— In the said Act, in Section 23, the following proviso shall be added, namely:

 

“Provided that a person appointed as a polling agent for a polling station shall be an elector of that electoral area, the electors of which are entitled to vote at the polling station.”

 

 

 

8. Amendment of Section 35, Act LXXXV of 1976

 

 

 

.— In the said Act, in Section 35, in sub-section (1), for the word “two”, the word “ten” shall be substituted.

 

 

 

9. Omission of Section 43, Act LXXXV of 1976.

 

 

 

— In the said Act, Section 43 shall be omitted.

 

 

 

10. Amendment of Section 52, Act LXXXV of 1976

 

 

 

.— In the said Act, in Section 52, in sub-section (2) for the word “Commissioner”, the words “Tribunal concerned” shall be substituted.

 

 

 

11. Amendment of Section 53, Act LXXXV of 1976.

 

 

 

— In the said Act, in Section 53, in sub-section (1), for clauses (a) and (b), the following shall be substituted, namely:

 

(a) when it is delivered in person to the Registrar of the Tribunal concerned; or

 

(b) when delivered by registered post to the Registrar of the Tribunal concerned.

 

 

 

12.

 

 

 

 

 

 

 

Amendment of Section 54, Act LXXXV of 1976

 

.— In the said Act, in Section 54, for clause (a), the following shall be substituted, namely:

 

“(a) Returned candidate”

 

 

 

13. Amendment of Section 55, Act LXXXV of 1976

 

 

 

.— In the said Act, in Section 55, for sub-section (3) the following shall be substituted, namely:

 

“(3) An election petition and the schedule or annex to that

 

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petition shall be signed by the petitioner and the petition shall be verified only in the manner laid down in the Code of Civil Procedure, 1908 (Act V of 1908), for the verification of pleadings.”

 

 

 

14. Omission of Section 56, Act LXXXV of 1976.

 

 

 

— In the said Act, Section 56 shall be omitted.

 

 

 

15. Amendment of Section 62, LXXXV of 1976

 

 

 

.— In the said Act, in Section 62, in sub-section (2) for the words and figures “Evidence Act, 1872 (I of 1872)”, the words and figures “Qanun-e-Shahadat Order, 1984 (PO NO. 10 of 1984)” shall be substituted.

 

 

 

16. Amendment of Section 63, LXXXV of 1976

 

 

 

.— In the said Act, in Section 63, for clause (a), the following shall be substituted, namely:

 

“(a) the provisions of Section 52, Section 53, Section 54 or Section 55 have not been complied with; or”

 

 

 

17. Amendment of Section 80A, section 83(2), section 83A(5), section 84(2), section 85, section 86, section 87(1) and (2), section 88, section 89 and section 90, Act LXXXV of 1976

 

 

 

.— In the said Act, in Section 80A, section 83(2), section 83A(5), section 84(2), section 85, section 86, section 87(1) and (2), section 88, section 89 and section 90, for the amount of fine provided therein, the amount “one hundred thousand rupees” shall be substituted.

 

 

 

18. Amendment of Section 82, section 82A, section 91 and section 92, Act LXXXV of 1976

 

 

 

.— In the said Act, in Section 82, section 82A, section 91 and section 92, for the amount of fine provided therein the amount “fifty thousand rupees” shall be substituted.

 

 

 

19. Amendment of Section 83A, Act LXXXV of 1976.—

 

 

 

In the said Act, in section 83A-

 

 

 

(i) for sub-section (1), the following shall be substituted, namely:

 

 

 

“(1) No person or a political party shall affix or paste posters, handbills or leaflets larger than the sizes prescribed by the Election Commission:

 

Provided that such posters, handbills or leaflets shall not be affixed or pasted nor parties flags shall be hoisted on any public property or at any public place, except with the permission in writing from, and on payment of such fee or charges as may be chargeable by, the concerned local government or authorities.”

 

 

 

(ii) for sub-section (4), the following shall be substituted, namely:

 

 

 

“(4) The District Returning Officer and the Returning Officer shall be responsible for the effective implementation of the provisions of this section with the assistance of district administration including district police officer and other law enforcing agencies.”

 

 

 

20. Amendment of Section 86A, Act LXXXV of 1976

 

 

 

.— In the said Act, in section 86A, for clause(a), the following shall be substituted, namely:

 

“(a) exercise the powers of a Magistrate of the First Class under the said Code in respect of offences punishable under section 78, section 79, section 80, section 81,

 

Draft Bill of ROPA 24-01-2013 Final.docx Page 6 of 7

 

section 82A, section 83, section 83A, section 84, section 85, section 86 and section 87; and”

 

 

 

21. Insertion of new sections 86B and 86C, Act LXXXV of 1976.

 

 

 

— In the said Act, after section 86A, the following new sections shall be inserted, namely:

 

 

86B. Violation of the Code of Conduct.— (1) Notwithstanding anything contained in any other law for the time being in force, the District Returning Officer, if so authorized by the Commission, shall take cognizance of violation of any of the provisions of the Code of Conduct, issued by the Commission under Article 18 of the Political Parties Order, 2002 (Chief Executive’s Order No. 18 of 2002), other than the provisions which relate to corrupt or illegal practices under this Act;

 

(2) A person who violates any provision of the code of conduct, referred to in sub-section (1) shall be punishable with fine which may extend to one hundred thousand rupees.”

 

 

 

 

 

 

 

 

 

 

86C. Power to transfer any person in the service of Pakistan:

 

The commission, after issuance of election schedule under Section 11 of the Act, may direct the appropriate authority to transfer any person in the service of Pakistan, if such transfer, in its opinion, is necessary for the conduct of free, fair and honest election.”

 

 

 

22. Substitution of Section 94, Act LXXXV of 1976

 

 

 

.— In the said Act, for section 94, the following shall be substituted, namely,-

 

 

94. Certain offences cognizable.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under Section 78, section 79, section 80A, section 81, section 82A, section 85 and sub-section (1) of section 87 shall be cognizable offence.

 

(2) Notwithstanding anything contained in this Act or any other law for the time being in force, the offences referred to in sub-section (1) shall be tried by the Sessions Judge and an appeal against his order shall lie before a Division Bench of the High Court.

 

(3) The Commission, either on its own motion or, on receipt of any information or complaint from any quarter, or as the case may be, any person, may file a complaint with the Sessions Judge concerned against the person or persons, who has or have been alleged to have committed any of the offences referred to in sub-section (1).

 

Provided that before filing a complaint in the Court of Sessions Judge, the Commission shall provide an opportunity of hearing to the parties.”

 

 

 

23. Substitution of Section 96, Act LXXXV of 1976.

 

 

 

— In the said Act, for section 96, the following shall be substituted, namely.-

 

 

96. Proceedings relating to election expenses. — (1) The Returning Officer, shall launch appropriate proceedings in the court of Magistrate First Class against a person who contravened the provisions of Section 49 or failed to comply with the provisions of Section 50; Draft Bill of ROPA 24-01-2013 Final.docx Page 7 of 7

 

(2) The Returning Officer shall provide an opportunity of hearing to a person who fails to comply with the provisions of section 50 and if, despite service of notice, such person does not file requisite returns of election expenses, the Returning Officer shall proceed against such person under sub-section (1);

 

(3) If the Returning Officer, upon examination of the return of election expenses filed by a contesting candidate and of any other information coming to his knowledge relating to election campaign of such candidate, is, prima facie, of the view that the offence under section 49 has been committed, he shall file a complaint in the Court of Sessions Judge concerned under section 94 of the Act;

 

(4) The Returning Officer shall inform the Commission about the complaints filed by him under sub-section (2) or sub-section (3).”

 

 

 

24. Amendment of Section 103AA, Act LXXXV of 1976

 

 

 

.— In the said Act, in Section 103AA, in sub-section (1) , after the word “declared”, the words “wholly or partially” shall be inserted

 

 

 

25. Insertion of section 104B, Act LXXXV of 1976.—

 

 

 

In the said Act, after section 104A, inserted as aforesaid, the following new section shall be inserted, namely,

 

 

 

“104B. Monitoring of election campaign, etc. (1) The Commission shall appoint teams of monitors consisting of such number of members as may be determined by the Commission, for a constituency or a group of constituencies which shall monitor election campaign of the candidates and shall report in the format approved by the Commission violations of the code of conduct on daily basis, if any, by the candidates, to the District Returning Officer.

 

(2) The District Returning Officer, on receipt of reports mentioned in sub-rule (1), shall proceed in accordance with the provisions of Section 86B(1) of the Act.”

 

*****