The Election Laws (Amendment) Bill, 2012 proposes several amendments in the Representation of People Act of 1976 and Senate Election Act of 1975. The Bill is likely to be placed before the cabinet on Wednesday (today) and presented in the next session of the National Assembly, which is scheduled on December 3 this year.
According to documents obtained by Business Recorder, the proposed amendment in Section 3 of 'The Senate Election Act 1975' says that Procedure of the Commissions. (1) Subject to the provisions of this section, the Commission shall regulate its own procedure. (2) If, upon any matter requiring a decision of the Commission, there is difference of opinion among its members, the opinion of the majority shall prevail and the decision of the Commission shall be expressed in terms of the opinion of the majority.
(3) The Commission may exercise its powers and perform its functions notwithstanding that there is a vacancy in the office of any one of its members or that any one of its members is, for any reason, unable to attend its proceedings and the decision of the majority of the members shall have the effect of the decision of the Commission:
According to amendment in Section 4 of the Act, Delegation of powers, etc" (1) The Commission may authorise two or more of its members, acting together, to exercise and perform all or any of its powers and functions under this Act. (2) where two or more members are authorised under sub-section (1) (a) their decision shall be expressed in terms of the opinion of the majority; or (b)if they are equally divided, the matter shall be placed before the Commission.
Provisions in Section 13(5) says that "where the nomination of a candidate has been rejected by a Returning Officer, an appeal shall lie with in two days of the scrutiny day, to the Commission or to a Bench consisting of not less than two members of the Commission and any order passed on such appeal, shall be final.
Provided that where a nomination paper is rejected by the Returning Officer on the ground that the candidate is a defaulter of loan or taxes or government dues or utility charges or has had the loan written off and the candidate pays such loan or, as the case may be, taxes, government dues or utility charges or the written off loan on or before the last date fixed for disposal of appeals and satisfies the Commission, or a Bench consisting of not less than two members of the Commission that such payment has been made, his nomination shall be treated as having been accepted on that ground."
According to provisions in Section 78, (g) he has been convicted by a court of competent jurisdiction for propagating any opinion, or acting 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, unless a period of five years has elapsed since his release; or
(h) he has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or (i) he has been dismissed from the service of Pakistan or service of a corporation or office set up or, controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct, unless a period of five years has elapsed since his dismissal; or
(j) he has been removed or compulsorily retired from the service of Pakistan or service of corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct, unless a period of three years has elapsed since his removal or compulsory retirement; or Amendments in Section 84,in sections 5, 6, 9, 10, 16, 17, 18, 20, 22, 23, 24, 25A, 33, 34, 38, 39, 43, sub-section (1A) of section 48, 52, 53, 54, 57, 75A, 77, 79, 82A, 85, 86, 87, and 88 for the word "Commissioner" wherever occurring the word "Commission" shall be substituted.
According to amendments in Section 3(3) of The Representation of the People Act, 1976 "the Commission may exercise its powers and perform its functions notwithstanding that there is a vacancy in the office of any one of its members or that any one of its members is, for any reason, unable to attend its proceedings and the decision of the majority of the members shall have the effect of the decision of the Commission. According to amendments in Section 33(2) of the Act the Presiding Officer shall obtain thumb impression of the elector with magnetised ink on the space provided on the electoral roll for the purpose against the photograph of the elector.
According to Amendments in Section 99, (g) he has been convicted by a court of competent jurisdiction for propagating any opinion, or acting 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, unless a period of five years has elapsed since his release; or
(h) he has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or (I) he has been dismissed from the service of Pakistan or service of a corporation or office set up or, controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct, unless a period of five years has elapsed since his dismissal; or
(j) he has been removed or compulsorily retired from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct, unless a period of three years has elapsed since his removal or compulsory retirement.