Who prosecutes election-related criminal offences?

Representation of the People Act, 1976

86A Certain offencestriable by officers authorised by the

Commission.—Notwithstanding anythingcontained in the Code of Criminal Procedure, 1898 (Act V of 1898), an officerfor the time being exercising the powers of a civil or criminal court, or anofficer of the Armed Forces, or an officer performing a duty in connection withan election, who is authorised by the Commission in this behalf may—

(a) exercise the powers of aMagistrate of the first class under the said Code in respect of the offencespunishable under section 80 [,section 82A] 2[Section 83,] section 84, section85, section 86 and section 87; and

(b) take cognizance of anysuch offence under any of the clauses of subsection

(1) of section 190 of the saidCode; and shall try any such offence in a summary way in accordance with theprovisions of the said Code relating to summary trials.

Source: http://ecp.gov.pk/ElectionLaws/Volume-I.pdf

Code of Criminal Procedure 1898

B. Conditions requisite for initiation ofproceedings.

190. Cognizance of offences by Magistrates. (1) Except as hereinafter provided, [anyDistrict Magistrate or a Sub-Divisional Magistrate or any other Magistratespecially empowered in this behalf] by the Provincial Government on therecommendation of High Court may take cognizance of any offence:

(a) upon receiving a complaint of facts whichconstitute such offence;

(b) upon a report in writing of such facts madeby any police-officer;

(c) upon information received from any personother than a police-officer, or upon his own knowledge or suspicion that suchoffence has been committed.

[(2) The Provincial Government may empower anyMagistrate to take cognizance under sub-section (1), clause (a) or clause (b),of offences for which he may try or send to the Court of Session for trial:

Provided that in case of Judicial Magistrate,the Provincial Government shall exercise this power on the recommendations ofthe High Court.

[(3) A Magistrate taking cognizance undersub-section (1) of an offence triable exclusively by a Court of Session shall,without recording any evidence, send the case to Court of Session for trial.