SCHEDULES

[1][FIRST SCHEDULE

(see rules 9,10 & 17)

NOMINATION PAPERS FOR ELECTION OF SPEAKER/ DEPUTY SPEAKER/ CHIEF MINISTER

PART – A

(To be filled by the Proposer)

I, ______________________________________________

(Name of the Proposer)

member of the Provincial Assembly of the Punjab elected from constituency No.____ do hereby propose the name of _____________________________ a member of the Assembly elected from constituency No.___________, for the election as Speaker/Deputy Speaker under Article 108 of the Constitution or Chief Minister under Article 130 of the Constitution.

            I hereby declare that I have not subscribed to any other nomination paper for this election as Proposer or Seconder.

 

 

Dated____________                     Signature of Proposer

 

PART – B

(To be filled by the Seconder in case of Election of Chief Minister only)

I, ______________________________________________

(Name of the Seconder)

member of the Provincial Assembly of the Punjab elected from constituency No.___, do hereby second the above proposal.

            I hereby certify that I have not subscribed to any other nomination paper for election of Chief Minister as Proposer or Seconder.

 

 

Dated____________                    Signature of Seconder

 

PART – C

(To be filled by the Candidate)

I, ______________________________________________

(Name of the Candidate)

member of the Provincial Assembly of the Punjab elected from constituency No.___, do hereby declare that I have consented to the above proposal and that I am qualified to be elected as Speaker/ Deputy Speaker/ Chief Minister.

 

 

Dated____________                   Signature of Candidate

"---------------------------------"---------------------------------

 

ACKNOWLEDGEMENT

Mr/Ms _________________________ member of the Provincial Assembly of the Punjab elected from constituency No._________ has delivered the nomination paper of Mr/Ms ___________________ member of the Assembly elected from constituency No.____ for election as Speaker/Deputy Speaker/Chief Minister on ____________ at _____________ am/pm. The nomination paper has been entered in the relevant Register at serial No.______.

 

 

                          [2][SECRETARY GENERAL]

            PROVINCIAL ASSEMBLY OF THE PUNJAB]

 


[3][Second Schedule

(see rules 20, 22 and 23)

Procedure for Recording of Votes

in the Case of Chief Minister

1.         Before voting commences, the Speaker shall direct that the bells be rung for five minutes to enable members not present in the Chamber to be present. Immediately after the bells stop ringing, all the entrances to the Lobby shall be locked and the Assembly staff posted at each entrance shall not allow any entry or exit through those entrances until the voting has concluded.

2.         The Speaker shall then read out the names of the candidates in case of election of the Chief Minister under rule 20 or as the case may be, the resolution under rule 22 or rule 23 before the Assembly and ask the members who wish to vote in favour of a candidate/resolution to pass in single file through the entrance where tellers shall be posted to record the votes. On reaching the desk of the tellers, each member shall, in turn, call out the division number allotted to him under these rules. The tellers shall then mark off his number on the division list simultaneously calling out the name of the member. In order to ensure that his vote has been properly recorded, the member shall not move off until he has clearly heard the teller call out his name. After a member has recorded his vote, he shall not return to the Chamber until bells are rung under para 3.

 

 

3.         When the Speaker finds that all the members who wished to vote have recorded their votes, he shall announce that the voting has concluded. Thereupon the [4][Secretary General] shall cause the division list to be collected, count the recorded votes and present the result of the count to the Speaker. The Speaker shall then direct that the bells be rung for two minutes to enable the members to return to the Chamber. After the bells stop ringing, the Speaker shall announce the result of the poll to the Assembly.]

 


Third Schedule

(see rules 29 and 30)

Ballot Procedure for Determining the Relative Precedence of Private Members’ Bills and Resolutions

1.         Not less than seven days before each day allotted for the disposal of private members’ business, the [5][Secretary General] will cause to be placed in the Notice Office a numbered list. This list will be kept open for two days, and during these days and at hours when the office is open, any member who wishes to give or has given notice of a resolution or has given notice of a Bill, as the case may be, may have his name entered in the case of a ballot for resolutions, against one number only, or in the case of a ballot for Bills against one number for each Bill of which he has given notice up to the number of three.

2.         The ballot will be held before the [6][Secretary General] and any member who wishes to attend, may do so.

3.         Paper with numbers corresponding to those against which entries have been made on the numbered list will be separately placed in a box.

4.         A clerk will take out at hazard from the box one of the papers and the [7][Secretary General] will call out from the list the corresponding name, which will then be entered in a priority list. This procedure will be carried out till fifteen numbers in the case of Bills and five numbers in the case of resolutions have been drawn.

5.         Priority on the list will entitle the member to have set down, in the order of his priority for the day with reference to which the ballot is held, any Bill or any resolution, as the case may be, of which he has given the notice required by the rules:

            Provided that he shall then and there specify such Bill or Bills or such resolution.

 

 


Fourth Schedule

Form of Communication Regarding Arrest, Detention, Conviction or Release, as the Case may be, of a Member

(see rules 77 and 78)

Place ___________

Date ___________

To

                        The Speaker

                        Provincial Assembly of the Punjab

Sir,

(A)

            I have the honour to inform you that I have found it my duty, in the exercise of my powers under section _____________ of the _________________________ (Act) to direct that Mr. ___________________________________ Member of the Provincial Assembly of the Punjab, be arrested/detained for _______________________ (reason for the arrest or detention as the case may be).

            Mr. _____________________________ Member of the Provincial Assembly of the Punjab was accordingly arrested/taken into custody at _______________ (time) on ______________ (date) and is at present lodged in the ________________________ (place) Jail.

(B)

            I have the honour to inform you that Mr. _____________________________________ Member of the Provincial Assembly of the Punjab, was tried at the ______________________ Court before me on a charge (or charges) of _________________ (nature of offence charged).

            On ____________________ (date) after trial lasting for _________________ days, I found him guilty of ____________________ and sentenced him to imprisonment for ____________ (period).

            (His application for leave to appeal to ______________ is pending consideration).

 

(C)

 

            I have the honour to inform you that Mr. ___________________ Member of the Provincial Assembly of the Punjab, who was convicted on __________________, (date) and imprisoned for _____________ (nature of offence for which convicted) was released on bail pending appeal (or, as the case may be) released on the sentence being set aside on an appeal on the _____________ (date).

(D)

            I have the honour to inform you that Mr. ___________________ Member of the Provincial Assembly of the Punjab, who was arrested/taken into custody on ________, (date) under section ________ (Name of the Law) of _________ was released on bail by me ______________ (Name/designation) on __________ (date)

 

                                                           Yours faithfully,

 

 

                                                      (Judge, Magistrate or

                                                       Executive Authority)

 


Fifth Schedule

(see rule 150)

Procedure for the Holding of Elections

by Means of a Single Transferable Vote

I.          In this Schedule –

      (1)  “continuing candidate” means candidate not elected or not excluded from the poll at any given time;

      (2)  “exhausted papers” means ballot papers on which no further preference is recorded for a continuing candidate; provided that a paper shall also be deemed to be exhausted in any case in which–

            (a)  the names of two or more candidates, whether continuing or not, are marked with the same figure and are next in the order of preference; or

            (b)  the name of candidate next in order of preference, whether continuing or not, is marked–

                     (i)  by a figure not following consecutively after some other figure on the ballot paper; or

                    (ii)  by two or more figures;*

      (3)  “first preference” means the figure “1” used opposite the name of any candidate, “second preference” similarly means the figure “2”, “third preference”, the figure “3”, and so on;

      (4)  “original votes” in regard to any candidate means the votes derived from ballot-papers on which a first preference is recorded for such candidate;

      (5)  “paragraph” means a paragraph of this Schedule;

      (6)  “surplus” means the number by which the value of the votes of any candidate, original and transferred, exceeds the quota as defined in paragraph XI;

      (7)  “transferred votes” in regard to any candidate means votes, the value or part of the value of which is credited to such candidate and which are derived from ballot-papers on which a second or subsequent preference is recorded for such candidate; and

      (8)  “unexhausted papers” means ballot-papers on which a further preference is recorded for a continuing candidate.

Proposal of Candidates

II.        (1)        When it is proposed to hold any election under the rules, the Speaker will appoint a period within which notice may be given by any member desirous of proposing a member or members for election to the Committee.

            (2)        The notice shall be signed by the member giving notice who must satisfy himself that the members he suggests are willing to serve, if elected.

            (3)        If, on the expiration of the period appointed under clause (1), the number of candidates is less than the number of vacancies to be filled, the Speaker will appoint a further period within which the notice aforesaid may be given, and may thereafter appoint additional further periods until the number of candidates is not less than the number of vacancies to be filled.

            (4)        If, on the expiration of the period appointed under clause (1) or of any further period appointed under clause (3), the number of candidates is equal to the number of vacancies to be filled, the Speaker shall declare all the candidates to be duly elected.

            (5)        If, on the expiration of any such period, the number of candidates exceeds the number of vacancies, the Speaker will appoint a date for the holding of an election in the manner hereinafter prescribed, and shall cause notice to be given of the date so appointed and of the names of the candidates.

Voting

III.    (1)           All members shall be entitled to vote.

         (2)           No vote shall be given by proxy.

IV.    The [8][Secretary General] shall act as Returning Officer, and shall, subject to the provisions of this Schedule, do all things necessary for the conduct of the election.

V.     (1)  The voting shall be by ballot. The Returning Officer shall ensure that the person desiring to vote is a member who has not already voted, and shall enter his name upon the counterfoil of a ballot-paper in a ballot-paper book which shall be provided for the purpose of the election, and shall then tear out the ballot-paper corresponding to that counterfoil, and having initialed the ballot with his initials on the back thereof, shall hand it to the member. Every ballot-paper shall contain the names of all the candidates for election in the Form annexed to this Schedule.

         (2)  When a member has received a ballot-paper, he shall take the paper to a desk provided for the purpose and signify in the manner hereinafter provided for whom he desires to vote. The member shall then fold the ballot-paper so that the Returning Officer’s initials thereon may be visible, and having held up the ballot-paper in such manner as to enable the Returning Officer to see the initials, shall drop the ballot-paper in a ballot-box to be placed in front of the Returning Officer.

         (3)  If a member inadvertently spoils a ballot-paper, he may return it to the Returning Officer, who shall, if satisfied of such inadvertence, give him another paper and retain the spoiled paper, and this spoiled paper shall be immediately cancelled and the fact of such cancellation shall be noted upon the counterfoil.

VI.    Each member shall have one vote only. A member in giving his vote –

         (a)  must place on his ballot-paper the figure “1” in the square opposite the name of the candidate for whom he votes;

         (b)  may, in addition, place on his ballot-paper the figure “2” or the figure “2” and “3”, or “2”, “3” and “4” and so on, in the square opposite the names of other candidates in the order of his preference.

VII.  A. ballot-paper shall be invalid –

         (a)  upon which a member signs his name or writes any word or makes any mark by which it becomes recognizable; or

         (b)  which does not bear the Returning Officer’s initials; or

         (c)  on which the figure “1” is not marked; or

         (d) on which the figure “1” is set opposite the name of more than one candidate; or

         (e)  on which the figure “1” and some other figure is set opposite the name of the same candidate; or

         (f)  which is unmarked or is void for uncertainty.

 

The Counting of Votes

VIII.    The ballot-papers shall be examined and the Returning Officer, after rejecting any invalid ballot-paper shall divide the remaining papers into parcels according to the first preferences recorded for each candidate. He shall then count the number of papers in each parcel.

IX.       In carrying out the provisions of the paragraphs hereinafter contained, the Returning Officer shall –

      (a)  disregard all fractions;

      (b)  ignore all preferences recorded for candidates already elected or excluded from the poll.

X.        For the purpose of facilitating the processes prescribed in the paragraphs hereinafter contained, each valid ballot-paper shall be deemed to be of the value of one hundred.

XI.       The  Returning Officer shall add together the values of the papers in all the parcels and divide the total by a number exceeding by one the number of vacancies to be filled and the result increased by one shall be the number sufficient to secure the return of a candidate (hereinafter called the quota).

XII.     If at any time a number of candidates equal to the number of persons to be elected has obtained the quota, such candidates shall be treated as elected, and no further steps shall be taken.

XIII.    (1) Any candidate the value of whose parcel, on the first preference being counted, is equal to or greater than the quota, shall be declared elected.

            (2)        If the value of the papers in any such parcel is equal to the quota, the papers shall be set aside as finally dealt with.

            (3)        If the value of the papers in any such parcel is greater than the quota, the surplus shall be transferred to the continuing candidates indicated on the ballot-papers as next in the order of the voter’s preference, in the manner prescribed in the following paragraphs.

XIV.    (1)        If and whenever as the result of any operation prescribed by these paragraphs, a candidate has a surplus, that surplus shall be transferred in accordance with the provisions of this paragraph.

            (2)        If more than one candidate has a surplus, the largest surplus shall be dealt with first and the others in order of magnitude:

            Provided that every surplus arising on the first count of votes shall be dealt with before the surplus arising on the second count, and so on.

            (3)        Where two or more surpluses are equal, the Returning Officer shall decide, as hereinafter provided in paragraph XIX, which shall first be dealt with.

            (4)        (a)        If the surplus of any candidate to be transferred arises from original votes only, the Returning Officer shall examine all the papers in the parcel belonging to the candidate whose surplus is to be transferred, and divide the unexhausted papers into sub-parcels according to the next preferences recorded thereon. He shall also make a separate sub-parcel of the exhausted papers.

            (b)        He shall ascertain the value of the papers in each sub-parcel and of all the unexhausted papers.

            (c)        If the value of the unexhausted papers is equal to or less than the surplus, he shall transfer all the unexhausted papers at the value at which they were received by the candidate whose surplus is being transferred.

            (d)       If the value of the unexhausted papers is greater than the surplus, he shall transfer the sub-parcels of unexhausted papers, and the value at which each paper shall be transferred shall be ascertained by dividing the surplus by the total number of unexhausted papers.

            (5)        If the surplus of any candidate to be transferred arises from transferred as well as original votes, the Returning Officer shall re-examine all the papers in the sub-parcel last transferred to the candidate, and divide the unexhausted papers into sub-parcels according to the next preferences recorded thereon. He shall thereupon deal with the sub-parcels in the same manner as is provided in the case of sub-parcels referred to in clause (4).

            (6)        The papers transferred to each candidate shall be added in the form of a sub-parcel to the papers already belonging to such candidate.

            (7)        All papers in the parcel or sub-parcels of an elected candidate not transferred under this paragraph shall be set aside as finally dealt with.

XV.     (1)        If after all surpluses have been transferred, as hereinbefore directed, less than the number of candidates required has been elected, the Returning Officer shall exclude from the pool the candidate lowest on the pool and shall distribute his unexhausted papers among the continuing candidates according to the next preferences recorded thereon. Any exhausted papers shall be set aside as finally dealt with.

            (2)        The papers containing original votes of an excluded candidate shall first be transferred, the transfer value of each paper being one hundred.

            (3)        The papers containing transferred votes of an excluded candidate shall then be transferred in the order of the transfers in which and at the value of which he obtained them.

            (4)        Each of such transfer shall be deemed to be a separate transfer.

            (5)        The process directed by this paragraph shall be repeated on the successive exclusions one after another of the candidate lowest on the pool until the last vacancy is filled either by the election of a candidate with the quota or as hereinafter provided.

XVI.    If as the result of a transfer of papers under the provisions of this Schedule, the value of the votes obtained by a candidate is equal to or greater than the quota, the transfer then proceeding shall be completed, but no further papers shall be transferred to him.

XVII.  (1)        If after the completion of any transfer under these paragraphs the value of the votes of any candidate shall be equal to or greater than the quota, he shall be declared elected.

            (2)        If the value of the votes of any such candidate shall be equal to the quota, the whole of the papers on which such votes are recorded shall be set aside as finally dealt with.

            (3)        If the value of the votes of any such candidate shall be greater than the quota, his surplus shall thereupon be distributed in the manner hereinbefore provided, before the exclusion of any other candidate.

XVIII. (1)        When the number of continuing candidates is reduced to the number of vacancies remaining unfilled, the continuing candidate shall be declared elected.

            (2)        When only one vacancy remains unfilled and the value of the votes of some one continuing candidate exceeds the total value of the votes of the other continuing candidates, together with any surplus not transferred, that candidate shall be declared elected.

            (3)        When only one vacancy remains unfilled and there are only two continuing candidates and those two candidates have each the same value of votes and no surplus remains capable of transfer, one candidate shall be declared excluded under the next succeeding paragraph and the other declared elected.


XIX.    If, when there is more than one surplus to distribute, two or more surpluses are equal, or if at any time it becomes necessary to exclude a candidate and two or more candidates have the same value of votes and are lowest on the pool, regard shall be had to the original votes of each candidate, and the candidate for whom lowest original votes are recorded shall have his surplus first distributed, or shall first be excluded, as the case may be. If the values of their original votes are equal, the Returning Officer shall decide by lot which candidate shall have his surplus distributed or be excluded.

 


Form of Ballot Paper

(Form of front of Ballot Paper)

Counterfoil No.         Order of preference      Names of Candidates

                                                                                  Muhammad Yasin

                                                                                  Viqar Hussain

                                                                                  Amir Ali

                                                                                  Muhammad Hussain

                                                                                  Mahmood Raza

                                                                                  Muhammad Tahir

Note:       The counterfoil must show the number corresponding to this on the back of the ballot paper.

Instructions to Members

(Form of back of Ballot Paper)

A.        Each member has one vote and one vote only.

B.        The member votes–

            by placing the figure “1” opposite the name of his first choice. He is also invited to place–

         (i)   the figure “2” opposite the name of his second choice;

        (ii)   the figure “3” opposite the name of his third choice, and so on, numbering as many candidates as he pleases in order of his preference. The number of preferences is not necessarily restricted to the number of vacancies.

Note:   The vote will be spoilt if the figure “1” is placed opposite the name of more than one candidate.

                        No.  ________________________

                                ________________________

 

 

 

 

Note: The number on the back of the ballot-paper is to correspond with that on the counterfoil.


Appendix

Illustrative Election

Example of an Election Conducted on the System of a Single Transferable Vote in Accordance with the Preceding Paragraphs

                Assuming that there are seven members to be elected, sixteen candidates, and one hundred and forty electors.[9]

                The valid ballot papers are arranged in separate parcels according to the first preference recorded for each candidates, and the papers in each parcel counted.

                Let it be assumed that the result is as follows:-

                A                 ..                      ..                      ..                     12

                B                 ..                      ..                      ..                        8

                C                 ..                      ..                      ..                        6

                D                 ..                      ..                      ..                        9

                E                 ..                      ..                      ..                     10

                F                  ..                      ..                      ..                        7

                G                 ..                      ..                      ..                        4

                H                 ..                      ..                      ..                     19

                I                  ..                      ..                      ..                     13

                J                                          ..                      ..                        5

                K                 ..                      ..                      ..                     14

                L                 ..                      ..                      ..                        8

                M                ..                      ..                      ..                     10

                N                 ..                      ..                      ..                        6

                O                 ..                      ..                      ..                        4

                P                  ..                      ..                      ..                        5

                                                                                                       ____

                                                            Total                                   140

                                                                                                        ‑‑‑‑‑‑

                Each valid ballot paper is deemed to be of the value of one hundred and the values of the votes obtained by the respective candidates are as shown in the first column of the result sheet.[10]

                The values of all the papers are added together and the total 14,000 is divided by eight (if the number which exceeds by one the number of vacancies to be filled) and 1,751 (of the quotient, 1,750, increased by one) is the number sufficient to secure the return of a number and is called the quota.[11] The operation may be shown thus –

 

                14,000

Quota = ‑‑‑‑‑––– +1 = 1,750+1 = 1,751

                     8

                The candidate H, the value of whose votes, exceeds quota, is declared elected.[12]

                As the value of the papers in H’s parcel exceeds the quota, this surplus must be transferred. His surplus is 149 (if 1,900 less 1,751).[13]

                The surplus arises from original votes, and, therefore, the whole of H’s papers are divided into sub-parcels according to the next preferences recorded thereon, a separate parcel of the exhausted papers being also made.[14]

                Let it be assumed that the result is as follows –

                                                                                                  Papers

        (B) is marked as next available preference on             7

        (D) is marked as next available preference on             4

        (E) is marked as next available preference on              4

        (F) is marked as next available preference on              3

                                                                                                   ____

        Total of unexhausted papers                                          18

                                                                                                      ––

        Number of exhausted papers                                           1

                                                                                                      ––

        Total of papers                                                                  19

                                                                                                      ––

                                                  The values of the papers in the sub-parcels are as follows[15]:-

                (B)          ..              ..              ..                                   700

                (D)          ..              ..              ..                                   400

                (E)           ..              ..              ..                                   400

                (F)           ..              ..              ..                                   300

                                                                                                 ______

                                Total value of unexhausted papers    1,800

                                                                                                 ––––––

                Value of exhausted papers                                    100

                                                                                                 ––––––

                Total value of papers                                            1,900

                                                                                                 ––––––

                The value of the unexhausted papers is 1,800 and is greater than the surplus. This surplus is, therefore, transferred as follows[16]:-

                All the papers are transferred, but at a reduced value, which is ascertained by dividing the surplus by number of unexhausted papers.

                The reduced value of all the papers, when added together, with the addition of any value lost as the result of the neglect of fractions, equals the surplus. In this case the new value of each paper transferred is –

                 149 (the surplus)

_________________________________ = 8, the residue of

18 (the number of unexhausted papers)

the value, 92, being required by H for the purpose of constituting his quota, if one exhausted paper (value 100) plus the value (1,656) of 18 unexhausted papers.

                The values of the sub-parcels transferred are –

                B=56 (i.e. seven papers at the value of 8)

                D=32 (i.e. four papers at the value of 8).

                E=32 (i.e. four papers at the value of 8).

                F=24 (i.e. three papers at the value of 8).

                These operations can be shown on a transfer sheet as follows:-

 

                Transfer Sheet –

        Value of surplus H’s to be transferred                              149

        Number of papers in H’s parcel                                           19

        Value of each paper in parcel                                            100

        Number of unexhausted papers                                          18

        Value of unexhausted papers                                          1800

                                                Surplus             149

        New value of each paper –––––––––––= ––––––= 8

        transferred                     Number of           18

                                       unexhausted papers

 

Name of candidates                                              Number of

marked as the next                                               papers to be                                   value of sub-parcel

available preference                                             transferred                                      to be transferred

                       B                                     7                                        56

                       D                                     4                                        32

                       E                                      4                                        32

                       F                                      3                                        24

 

                   Total                                18                                      144

Number of exhausted                             1                                          ...

papers Loss of value

owing to neglect of fractions                                                               5

 

                   Total                                19                                      149

                The values of the sub-parcels are added to the values of the votes already credited to the candidates, B, D, E and F. This operation is shown on the result sheet. [17]

                There being no further surplus the candidates lowest on the poll has now to be excluded. G and O both have 400.

                The Returning Officer casts lots and G is chosen to be excluded.[18]

                Being original votes, G’s papers are transferred at the value of 100 each. A who was marked as next preference on two papers receives 200, while D and E were each next preference on one paper and received 100 each. O now being lowest is next excluded and his 400 is similarly transferred to I, B and K, I receiving 200 and B and K 100 each.[19]

                This leaves J and P lowest with 500 each and J is chosen by lot for exclusion first. His papers are transferred at the value of 100 each to A, B, D and I, the first three names receiving 100 each, and I who had the next preference on two papers receiving 200. P is then excluded and his papers are transferred to E, L and K, the first two names receiving 100 each, and K, who had the next preference on three papers, receiving 300.[20]

                K now exceeds the quota and is declared elected.[21]

                Prior to further exclusions, K’s surplus of 49 has to be distributed.[22]

                The sub-parcel last transferred to K consisted of 3 votes transferred at the value of 100 each. This sub-parcel is examined; there are no exhausted papers and B, F and I are each next preference on one paper; and one paper is transferred to each of them at a reduced value determined by dividing the surplus (49) by the number of exhausted paper (3) B, F and I accordingly receive 16 each.[23]

                The process of exclusion is now proceeded with. C and N have 600 each, and C is chosen by lot for exclusion first. He has 6 original votes; B, D and E are each next preference on two papers, and each receives 200. E is then excluded. A is next preference on 3 of his papers, and receives 300; F, I and L are each next preference on one paper and receive 100 each.[24]

                This brings A and I above the quota and they are declared elected. Their surpluses have now to be distributed and I’s surplus which is the larger, 65, is dealt with first. [25]

                The last sub-parcel transferred to I consisted one paper transferred at the value of 100; D is next preference on this paper, and receives the whole surplus of 65.[26]

                A’s surplus of 49 is then dealt with. The last sub-parcel transferred to him consisted of 3 papers transferred at the value of 100 each. B was next preference on two of these papers and E on one, and the papers are transferred accordingly. The value to be transferred is 16 per paper, if the surplus divided by the number of the unexhausted papers (3), B accordingly receives 32 and E 16.[27]

                No other candidate having reached the quota, the process of exclusion is proceeded with and F, who is now lowest with 840, is excluded.[28]

                H’s seven original votes are transferred first, B, D and E are next preference on three, two and two papers, respectively, and receive respectively 300, 200 and 200.

                The transferred votes are next transferred in the order of their transfers to F. The 3 votes received at the value of eight each at the distribution of H’s surplus are transferred at the same value to L who was next preference on all 3 papers. The two votes, received at the value of eight each at the distribution of K’s surplus, go at the same value to M, who was next preference on each paper. The vote transferred at the value of 100 on the exclusion of N is then transferred at the same value to D, who thus receives a total of 300.[29]

                No continuing candidate having yet reached the surplus, M, who is now lowest with 1,016 is excluded.[30]

                H’s ten original votes are transferred first, B and D are, first preference on three papers each, and E and L on two each, B and D accordingly receive 300 each and E and L 200 each.[31]

                This brings B, D and E above the quota and they are declared elected. The requisite number of candidates having now been elected, the election is at an end, and it is unnecessary to proceed to the transfer of M’s transferred votes.[32]

                Full details are shown in the result sheet.

 



[1]First substituted vide Notification No.PAP/Legis-1(27)/08/397 – see the Punjab Gazette (Extraordinary), dated 12 May 2011, pp.38765-69; now substituted vide Notification No.PAP/Legis-1(28)/2018/09; published in the Punjab Gazette (Extraordinary), dated 28 June 2022, pp 6514 A-C.

[2]Substituted for the word “Secretary” vide Notification No.PAP/Legis-1(37)/2024/34; published in the Punjab Gazette (Extraordinary), dated 16 April 2024; pp 4135-36.

[3]Substituted vide Notification No.PAP/Legis-1(27)/08/397 – see the Punjab Gazette (Extraordinary), dated 12 May 2011, pp.38765-69.

[4]Substituted for the word “Secretary” vide Notification No.PAP/Legis-1(37)/2024/34; published in the Punjab Gazette (Extraordinary), dated 16 April 2024; pp 4135-36.

[5]Substituted for the word “Secretary” vide Notification No.PAP/Legis-1(37)/2024/34; published in the Punjab Gazette (Extraordinary), dated 16 April 2024; pp 4135-36.

[6]Substituted for the word “Secretary” vide Notification No.PAP/Legis-1(37)/2024/34; published in the Punjab Gazette (Extraordinary), dated 16 April 2024; pp 4135-36.

[7]Substituted for the word “Secretary” vide Notification No.PAP/Legis-1(37)/2024/34; published in the Punjab Gazette (Extraordinary), dated 16 April 2024; pp 4135-36.

*The fact that a voter has not marked every preference correctly does not invalidate the whole of his preference. His paper is only treated as exhausted when the wrongly marked preference is reached. The following are examples:-

                                A1                                                                           A1

                                B2                                                                            B2

                (1)           C2                                                            (2)           C2

                                D3                                                                           D5

                                E4                                                                            E6

                                                                                                                F

                In case (1) the preference for A and B would be valid. If the third preference were reached, the paper would be treated as exhausted, as it would be impossible to say for which candidate the voter really intended to give his third preference. In case (2) the preference for A, B and C would be valid, but not the latter ones whether D had been elected or excluded or was still a continuing candidate. It is possible that the voter meant to give a fourth preference for other candidate, e.g. F, but omitted to do so. It would not be possible to treat 5 as being meant to be 4.

[8]Substituted for the word “Secretary” vide Notification No.PAP/Legis-1(37)/2024/34; published in the Punjab Gazette (Extraordinary), dated 16 April 2024; pp 4135-36.

[9]Paragraph VIII

[10]Paragraph X

[11]Paragraph XI

[12]Paragraph XII(1)

[13]Paragraph XIII (3) Surplus

[14]Paragraph XIV(4) (a)

[15]Paragraph XIV(4) (b)

[16]Paragraph XIV(4) (c)

[17]Paragraph XV (1)

[18]Paragraph XIX

[19]Paragraph XV (2)

[20]Paragraph XIX

[21]Paragraph XVII (1)

[22]Paragraph XVII (3)

[23]Paragraph XIV (3)

[24]Paragraph XIX

[25]Paragraph XVII (1)

[26]Paragraph XIV (5)

[27]Paragraph XIV (4) (d) and (5)

[28]Paragraph XV (1)

[29]Paragraph XV (2)

[30]Paragraph XV (3)

[31]Paragraph XV (2)

[32]Paragraph XV (4) and (5) and XVI

Names of Candidates

Value of Votes at 1st count

Distribution of H’s surplus

Result

Distribution

of votes of

G & O

Result

Distribution of Votes of J & P

Result

Distribution of K’s surplus

Result

Distribution

of Votes of

C & N

Result

Distribution of Votes of A & I

Result

Distribution of F’s Votes

Result

Distribution of M’s Votes

Result

Result of

Election

A..

1,200

..

1,200

+200

1,400

+100

1,500

..

1,500

+300

1,800

-49

1,751

..

1,751

..

1,751

Elected

B..

800

+56

856

+100

956

+100

1,056

+16

1,072

+200

1,272

+32

1,304

+300

1,604

+300

1,904

Elected

C..

600

..

600

..

600

..

600

..

600

-600

..

..

..

..

..

..

..

Not elected.

D..

900

+32

932

+100

1,032

+100

1,132

..

1,132

+200

1,332

+65

1,397

+300

1,697

+300

1,997

Elected

E..

1,000

+32

1,032

+100

1,132

+100

1,232

..

1,232

+200

1,432

+16

1,448

+200

1,648

+200

1,848

Elected

F..

700

+24

724

 

724

..

724

+16

740

+100

840

..

840

-840

..

..

..

Not elected.

G..

400

..

400

-400

..

..

..

..

..

..

..

..

..

..

..

..

..

Not elected.

H..

1,900

-149

1,751

..

1,751

..

1,751

..

1,751

..

1,751

..

1,751

..

1,751

..

1,751

Elected

I..

1,300

..

1,300

+200

1,500

+200

1,700

+16

1,716

+100

1,816

-65

1,751

..

1,751

..

1,751

Elected

J..

500

..

500

..

500

-500

..

..

..

..

..

..

..

..

..

..

..

Not elected.

K..

1,400

..

1,400

+100

1,500

+300

1,800

-49

1,751

..

1,751

..

1,751

..

1751

..

1,751

Elected.

L..

800

..

800

..

800

+100

900

..

900

+100

1,000

..

1,000

+24

1,024

+200

1,224

Not elected.

M..

1,000

..

1,000

..

1,000

..

1,000

..

1,000

..

1,000

..

1,000

+16

1,016

-1000

16

Not elected.

N..

600

..

600

..

600

..

600

..

600

-600

..

..

..

..

..

..

..

Not elected.

O..

400

..

400

-400

..

..

..

..

..

..

..

..

..

..

..

..

..

Not elected.

P..

500

..

500

..

500

-500

..

..

..

..

..

..

..

..

..

..

..

Not elected.

Less of value by

neglect of fraction

..

-5

5

..

5

..

5

-1

6

..

6

-1

7

..

7

..

7

 

Total:

14,000

..

14,000

..

14,000

..

14,000

..

14,000

..

14,000

..

14,000

..

14,000

..

14,000

 

 

 

Sixth Schedule

Procedure Regarding Divisions

(see rule 208)

1.         The Speaker will order a Division to be held by uttering the word “Division” and shall direct that the Division bells be rung for five minutes to enable members not present in the chamber to return to their places. Immediately after the bells stop ringing, all the entrances to the members lobby will be locked and the staff posted at each gate will not allow any entry or exit through these gates until the Division has concluded. The Speaker will then read the terms of the motion before the Assembly and put the question for second time. If the Division is still demanded, he will say “Ayes to the right, Noes to the left, divide.”

2.         According as they wish to vote, members will then proceed to the Ayes, or the Noes lobby and there pass in single file before the tellers. On reaching the desk of the tellers, each member will, in turn, call out the division number which has been allotted to him for this purpose. The tellers will then mark off this number on the Division list simultaneously calling out the name of the member. In order to ensure that his vote has been properly recorded the member should not move off until he has clearly heard the teller thus call out his name. The division number allotted to each member will be communicated separately. The numbers will be marked on the seat-card of each member.

3.         When the voting process as described above is completed in the Division’s lobbies, the tellers will present their Division lists to the [1][Secretary General] who will count the votes recorded thereon and then present the total of the “Ayes” and the “Noes” to the Speaker who will then announce the result to the Assembly. The Division will not be at an end until the result is so announced. if the number of “Ayes” and “Noes” are equal, the question will be decided by the casting vote of the Speaker.

4.         In case a member’s vote has been recorded both in Ayes and Noes, the Speaker shall ask him which side he intended to vote and a correction shall be made accordingly.

 


[2][SEVENTH SCHEDULE

CODE OF CONDUCT

(See Rule 224A)

I.          PURPOSE OF THE CODE

1.   The purpose of this Code of Conduct is to assist the Members in the discharge of their duties and obligations to the House, their constituents and the public at large by:

(a)  establishing standards and principles of conduct expected of all Members in performing their duties and functions;

(b)  establishing the rules of conduct which underpin these standards and principles and to which all Members must adhere; and

(c)  ensuring public confidence in the standards expected of all Members and in the commitment of the House to upholding these rules.

II.        SCOPE OF THE CODE

2.   The Code applies to Members while performing their parliamentary functions. It does not seek to regulate what Members do in their private and personal lives.

3.   The obligations set out in this Code are complementary to those which apply to all Members by virtue of the procedural and other rules of the House and the rulings of the Chair.

III.       DUTIES OF MEMBERS

4.   By virtue of the oath, as provided in the Constitution, Members have a duty to perform functions honestly, to the best of their ability, faithfully, in accordance with the Constitution of the Islamic Republic of Pakistan and the law, the rules of the Assembly, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan.

5.   Members should act, on all occasions, in accordance with the public trust reposed in them. They should always behave with probity and integrity, especially in the use of public resources.

IV.       GENERAL PRINCIPLES OF CONDUCT

6.   In carrying out their parliamentary and public duties, Members will be expected to observe the following general principles of conduct identified by the Business Advisory and Ethics Committee. These principles will be taken into account when considering the investigation and determination of any allegations of breaches of the rules of conduct in Part V of the Code:

(i)         Accountability

Members are accountable for their decisions and actions to the public.

(ii)        Honesty

Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.

(iii)       Integrity

Holders of public office should not place themselves under any financial or other obligation to individuals or organizations that might influence them in the performance of their official duties.

(iv)       Objectivity

Holders of public office should make choices on merit and in accordance with the rules and laws in carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits.

(v)        Selflessness

Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits.

(vi)       Transparency and Openness

Members should be as open as possible about all the decisions and actions that they take.

V.        RULES OF CONDUCT

7.   Members are expected to observe the following rules:

(i)   Members shall base their conduct on a consideration of the public interest, avoid conflict between personal interest and the public interest and resolve any conflict between the two, at once, and in favour of the public interest.

(ii)  No Member shall act as a paid advocate in any proceeding of the House. For the purposes of this Code, the acceptance of gratification to influence his or her conduct as a Member, including any fee, compensation or reward in connection with the promotion of, or opposition to, any Bill, Motion, or other matter submitted, or intended to be submitted to the House, or to any Committee of the House, will be construed as “paid advocate”.

(iii) Information which Members receive in confidence in the course of their parliamentary duties should be used only in connection with those duties. Such information must never be used for the purpose of financial gain.

(iv) Members are personally responsible and accountable for ensuring that the use of any expenses, allowances, facilities and services provided from the public purse is in accordance with the rules laid down on these matters. Members shall ensure that their use of public resources is always in support of their parliamentary duties.

(v)  Members shall never undertake any action which would cause damage to the reputation and integrity of the Assembly as a whole, or of its Members generally.

VI.       REMOVAL OF DOUBT AND INTERPRETATION

8.   If any doubt arises on any point of procedure or interpretations of provisions of this Code, the decision of the Speaker thereon shall be final.]

 

 

                                                 CH AMER HABIB

                                                   Secretary General

                                      Provincial Assembly of the Punjab

 



[1]Substituted for the word “Secretary” vide Notification No.PAP/Legis-1(37)/2024/34; published in the Punjab Gazette (Extraordinary), dated 16 April 2024; pp 4135-36.

[2] New schedule added vide Notification No. PAP/Legis-1(37)/2024/136; published in the Punjab Gazette (Extraordinary), dated 13 September 2024; pp 887-903.