পাতা:বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড).pdf/৩৬৩

এই পাতাটির মুদ্রণ সংশোধন করা হয়েছে, কিন্তু বৈধকরণ করা হয়নি।
বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্রঃ প্রথম খণ্ড
৩৩৮

 (d) if he has been found guilty by a competent court in Pakistan of any offence or illegal practice relating to elections which has been declared by any law or rules for the time being in force to be an offence or practice entailing disqualification for membership of the Legislature;

 (e) if he has been convicted of any offence other than those specified under sub- paragraph (d) above, before or after the commencement of the Constitution by a competent court in Pakistan and sentenced to life imprisonment or to imprisonment for not less than two years, unless a period of five years has elapsed since his release;

 (f) if, having been nominated as a candidate for the Federal Legislature or Legislature of a Unit or having acted as an election agent of any person so nominated, he has failed to lodge a return of election expenses within the time and in the manner required by any rules or orders for the time being in force or by a law of any legislative authority in Pakistan, unless five years have elapsed from the date by which the return ought to have been lodged or the Head of the Unit has removed the disqualification:

 Provided that a disqualification under this sub-paragraph should not take effect until the expiration of one month from the date by which the return; ought to have been lodged, or of such longer period as the Head of the Unit may in any particular case allow;

 (g) if he has been dismissed for misconduct from service, or from a post, in connection with the affairs of the Federation or a Unit, unless a period of five years or such less period as the Head of the Unit may allow in any particular case, has elapsed since his dismissal;

 (h) if he is not a citizen of Pakistan or having been a citizen of Pakistan has voluntarily acquired the citizenship of, or owes allegiance to, or is under any acknowledgment of allegiance or adherence to, a foreign State.

 103. Decision on question as to the disqualification of the Members: If any question arises as to whether a member of the Legislature of a Unit has become subject to any of the disqualifications mentioned in paragraph 102, the Chairman of the Legislature of the Unit should obtain opinion of the Election Commission and should act in accordance with such opinion.

 104. Penalty for sitting and voting by persons when not qualified or when disqualified:— If a person sits or voles as a member of the Legislature of a Unit before he has taken the prescribed oath, or when he knows that he is not qualified or is disqualified for membership thereof, or when he is prohibited from so doing by the provision of any law made by the Federal Legislature or the Legislature of the Unit, he should be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Government of the Unit.

 105. Franchise.- (1) Every citizen of Pakistan who has attained the age of twenty- one years should be entitled for vote at elections to the Legislature of a Unit.

 Provided that he should be entitled to vote only, in the constituency in the electoral roll of which his name is for the time being included.