80A.Penalty for adversely affecting the interests of candidate.

--Whoever, as a proposer, or in
a fictitious
name as a proposer, wilfully does any act which he is prohibited by law from doing, or omits
to do any act
which he is required by law to do, or makes any entry in a nomination form which is not
correct, or
subscribes to a nomination form a signature which is not genuine, and thereby adversely
affects the
interests of any person as a candidate, shall be punishable with imprisonment for a term
which may
extend to six months, or with fine wh82. Penalty for corrupt practice.--Any person guilty of
corrupt practice shall be punishable with
imprisonment for a term which may extend to three years, or with fine which may extend to
five thousand
rupees, or with both.
36[82A.Capturing of polling station and polling both, etc:-Whoever-
(a) seizes of polling station or a place fixed for the poll or makes polling authorities
surrender the ballot
papers or ballot box or both and doing of any other act which affects the orderly conduct of
elections;
(b) takes possession of a polling station or a place for the poll and allows his supporters to
exercise their
right to vote and prevent others from free exercise of their right to vote;
(c) coeres, intimidates or threatens directly or indirectly any elector and prevents him from
going to the
polling station or a place fixed for the cast of his vote; or
(d) being in the service of Government or corporations or institutions controlled by the
Government of all
or any of the aforesaid activities or aids or connives at, any such activity in the furtherance
of the
prospects of the election of a candidate,
shall be guilty of any offence punishable with imprisonment for a term which shall not be
less than three
years and may extend to five years and with fine which shall not be less than fifty thousand
rupees and
may extend to one hundred thousand rupees or with both.]
83. Illegal practice.--(1) A person is guilty of illegal practice if he
37[(a) fails to comply with the provisions of section 50;]
(b) obtains or procures or attempts to obtain or procure, the assistance of any person in the
service of
Pakistan to further or hinder the election of a candidate;
(c) votes or applies for a ballot paper for voting at an election knowing that he is not
qualified for, or is
disqualified from, voting;
(d) votes or applies for a ballot paper for voting more than once in the same polling station;
(e) votes or applies for a ballot paper for voting in more than one polling station for the
same election;
(f) removes a ballot paper from a polling station during the poll; or
(g) knowingly induces or procures any person to do any of the aforesaid acts.
(2) Any person guilty of illegal practice shall be punishable with 38[imprisonment for a term
which may
extend to six months and fine which may extend to five] thousand rupees..
39[83 A. Prohibition of affixing hoardings, etc.--(I) No person or apolitical party shall affix
posters,
hoardings or banners larger than the sizes prescribed by the Election Commission-
Provided that such posters, hoardings or banners shall not be affixed 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.
(2) Wall-chalking as part of an election campaign is prohibited in all forms.
(3) Loudspeakers shall not be used for election campaign except at the election meetings.
(4) The ZilaNazim and the Returning Officer shall be responsible for the effective
implementation of the
provisions of this section.
(5) The contravention of the provisions of sub-sections (1),(2)and (3)shall be punishable with
imprisonment of a term not exceeding one year, or with tine, or with both.]
84. Prohibition of public meetings, etc., during certain period.--(1)No person shall convene,
hold or attend
any public meeting, and no person shall promote or join in any procession, within the area of
any
constituency during a period of forty-eight hours ending at midnight following the conclusion
of the poll for
any election in that constituency.
(2) Any person who contravenes the provisions of sub-section (1)shall be punishable with
rigorous
imprisonment for a term which may extend to six months, or with fine which may extend to
one thousand
rupees, or with both.
85. Prohibition of canvassing in or near polling station.--A person is guilty of an offence
punishable with
fine which may extend to one thousand rupees if he, within a radius of four hundred yards of
the polling
station, on the polling day-
(1) canvasses for votes;
(2) solicits the vote of any elector;
(3) persuades any elector not to vote at the election or for a particular candidate; or
(4) exhibits, except with the permission of the Returning Officer and at a place reserved for
the candidate
or his election agent beyond the radius of one hundred 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.
86. Disorderly conduct near polling station.--A person is guilty of an offence punishable with
imprisonment
for a term which may extend to three months, or with fine which may extend to one
thousand rupees, or
with both, if he, on the polling day-
(1) uses, in such manner as to be audible within the polling station, any gramophone,
magaphone,
loudspeaker or other apparatus for reproducing or amplifying sounds;
(2) persistently shouts in such manner as to be audible within the polling station;
(3) does any act which
(a) disturbs or causes annoyance to any elector visiting a polling station for the purpose of
voting; or
(b) interferes with the performance of the duty of a Presiding Officer, Assistant Presiding
Officer, Polling
Officer or any person performing any duty at a polling station; or.
(4) abets the doing of any of the aforesaid acts.
86A. Certain offences triable by officers authorised by the Commission.--Notwithstanding
anything
contained in the Code of Criminal Procedure,1898 (Act V of 1898),an officer for the time
being exercising
the powers of a civil or criminal court, or an officer of the Armed Forces, or an officer
performing a duty in
connection with an election, who is authorised by the Commission in this behalf may
(a) exercise the powers of a Magistrate of the first class under the said Code in respect of
the offences
punishable under section 80 40[Section 82A] 41[Section 83,] section 84,,section 85,section
86 and
section 87;and
(b) take cognizance of any such offence under any of the clauses of subsection (1) of section
190 of the
said Code;
and shall try any such offence in a summary way in accordance with the provisions of the
said Code
relating to summary trials.
87. Tampering with papers.--(1)Except as provided in subsection (2).a person is guilty of an
offence
punishable with imprisonment for a term which may extend to six months, or with fine which
may extend
to one thousand rupees, or with both, if he
(a) intentionally defaces or destroys any nomination paper, ballot paper or official mark on a
ballot paper;
(b) intentionally takes out of the polling station any ballot paper or puts into any ballot box
any ballot paper
other than the ballot paper he is authorised by law to put in;
(c) without due authority,-
(i) supplies any ballot paper to any person;
(ii) destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot
papers in use for
the purpose of election; or
(iii) breaks any seal affixed in accordance with the provisions of this Act;
(d) forges any ballot paper or official mark; or
(e) causes any delay or interruption in the beginning, conduct or completion of the
procedure required to
be immediately carried out on the close of the poll.
(2) A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding
Officer or any
other officer or clerk on duty in connection with the election who is guilty of an offence
under sub-section
(1);shall be punishable with imprisonment for a term which may extend to two years, or with
fine which
may extend to one thousand rupees, or with both.
88. Interference with the secrecy of voting.--A person is guilty of an offence punishable with
imprisonment
for a term which may extend to six months or with fine which may extend to five hundred
rupees, or with
both if he
(a) interferes or attempts to interfere with an elector when he records his vote;
(b) in any manner obtains or attempts to obtain in a polling station information as to the
candidate for
whom an elector is about to vote or has voted; or
(c) communicates at any time any information obtained in a polling station as to the
candidate for whom
an elector is about to vote or has voted.
89. Failure to maintain secrecy.--A Returning Officer, Assistant Returning Officer, Presiding
Officer,
Assistant Presiding Officer, or polling officer,
or any candidate, election agent or polling agent attending a polling station or any person
attending at the
counting of votes is guilty of an offence punishable with imprisonment for a term which may
extend to six
months, or with fine which may extend to one thousand rupees, or with both, if he--
(a) fails to maintain or aid in maintaining the secrecy of voting;
(b) communicates, except for any purpose authorised by any law to any person before the
poll is closed
any information as to the official marks; or
(c) communicates any information obtained at the counting of votes as to the candidate for
whom any
vote is given by any particular ballot paper.
90. Officials not to influence voters.--A Returning Officer, Assistant Returning Officer,
Presiding Officer,
Assistant Presiding Officer, Polling Officer or any other officer or clerk performing a duty in
connection
with an election, or any member of a police force, is guilty of an offence punishable with
imprisonment for
a term which may extend to six months, or with fine which may extend to one thousand
rupees, or with
both, if he, in the conduct or management of an election or maintenance of order at a
polling station,-
(a) persuades any person to give his vote;
(b) dissuades any person from giving his vote;
(c) influences in any manner the voting of any person; or
(d) does any other act calculated to influence the result of the election.
91. Breaches of official duty in connection with election.--A Returning Officer, Assistant
Returning Officer,
Presiding Officer, Assistant Presiding Officer or any other person employed by any such
officer in
connection with his official duties imposed by or under this Act, is guilty of an offence
punishable with
imprisonment for a term which may extend to two years, or with fine which may extend to
one thousand
rupees or with both, if he, wilfully and without reasonable cause, commits breach of any
such official duty,
by act or omission.ich may extend to five thousand rupees, or with both.92. Assistance by
Government servant.--A person in the service of Pakistan is guilty of an offence
punishable with imprisonment for a term which may extend to two year, or with fine which
may extend to
two thousand rupees, or with both, if he misuses his official position in a manner calculated
to influence
the results of the election.
93. Certain Powers of a Police Officer.--A Police Officer may
(a) arrest without warrant, notwithstanding anything contained in the Code of Criminal
Procedure,1898
(Act V of 1898),any person-
(i) who, commits personation or an offence under section 86 if the Presiding Officer directs
him to so
arrest such person;
(ii) who, being removed from the polling station by the Presiding Officer under section 32
commits any
offence at the polling station.
(b) remove any notice, sign, banner or flag used in contravention of section 85; and (c) seize
any
instrument or apparatus used in contravention of section 86 and take such steps, including
use of force,
as may be reasonable necessary for preventing such contravention.
94. Certain offences cognizable.--(1)Notwithstanding anything contained in the Code of
Criminal
Procedure,1898,an offence punishable under 42[section 80A ] or section 82 or section 85 or
subsection
(1)of section 87 shall be a cognizable offence.
43[(2)Notwithstanding anything contained in this Act or any other law for the time being in
force, the
offences of corrupt practice shall be tried by the Sessions Judge and an appeal against his
order shall lie
before a Division Bench of the High Court.
(3) Where proceedings against a person for being involved in corrupt practice are initiated
on a complaint
made by a private individual, and such person is convicted by the court and his conviction is
maintained
in final appeal, the complainant may be entitled to such reward payable out of the amount
of fine as may
be imposed by the court.
Provided that where such complaint proves to be false, malafide or is made for any ulterior
motive to
provide benefit to another person, the complainant shall be punishable with imprisonment
for a term
which may extend to three years, or with fine, or with both.]
95. Prosecution of offences by public officers.--(1)No Court shall take cognizance of an
offence
punishable under sub-section (2)of section 87,section 89,section 90,section 91 or section 92
except upon
a complaint in writing made by order of or under authority from, the Commission or the
Commissioner.
(2) The Commission or the Commissioner shall, if it or he has reason to believe that any
offence specified
in sub-section (1)has been committed, cause such enquiries to be made or prosecution to be
instituted as
it or he may think fit.
(3) An offence specified in sub-section (1) shall be exclusively triable by the Court of Session
within the
Jurisdiction of which the offence is committed.
(4) In respect of an offence specified in sub-section (1),section 494 of the Code of Criminal
Procedure,1898 (Act V of 1898),shall have effect as if, after the word and comma "may,"
therein, the
words "if so directed by the Chief Election Commissioner and " were inserted.
96. Court proceedings relating to election expenses.--The Commission shall direct the
Returning Officer
to launch proceedings in the appropriate court against persons who contravene the
provisions of section
49 or fails to comply with the provisions of section 50.
97. Court to report convictions to the Commission.--A Court convicting any person for an
offence
punishable under this Chapter, other than corrupt practice, shall send a report to the
Commission of such
conviction together with its recommendations, if any, considering the special circumstances
of any case,
for the mitigation or remission of any disqualification incurred by such person under this Act.
98. Punishment under this Chapter not in derogation of any other liability.-Any punishment
imposed on
any person for an offence punishable under this Chapter shall be in addition to, and not in
derogation of,
any liability incurred by such person under any other provision of this Act.