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The
Election Commission Order, 2002
(Chief
Executive's Order No.1 of 2002)
In
pursuance of the Proclamation of Emergency of the fourteenth day
of October, 1999, read with the Provisional Constitution Order No.
1 of 1999, and in exercise of all powers enabling him in that behalf,
the Chief Executive of the Islamic Republic of Pakistan is pleased
to make and promulgate the following Order :—
1.
Short title and commencement:
(1) This Order may be called
the Election Commission Order, 2002.
(2)
It shall come into force at once.
2.
Chief Election Commissioner:
(1) There shall be a Chief Election
Commissioner, hereinafter referred to as the Commissioner, who shall
be appointed by the President, in his discretion, for a term of
three years.
(2)
As provided in clause (2) of Article 213 of the Constitution of
the Islamic Republic of Pakistan, 1973, no person shall be appointed
to be Commissioner unless he is, or has been, a Judge of the Supreme
Court or is, or has been, a Judge of High Court and is qualified
under paragraph (a) of clause (2) of Article 177 of the Constitution
to be appointed a Judge of the Supreme Court.
(3)
The Commissioner shall have such powers and functions as are conferred on him by this Order and the law.
(4)
The Commissioner may, by writing under his hand addressed to the
President, resign his office.
3.
Commissioner's oath of office:
Before entering upon office,
the Commissioner shall make before the Chief Justice of Pakistan
oath in the form set-out in the Schedule.
4.
Acting Commissioner:
At any time when:
(a)
the office of Commissioner is vacant, or
(b)
the Commissioner is absent or is unable to perform the functions
of his office due to any other cause, a Judge of the Supreme Court
nominated by the Chief Justice of Pakistan shall act as Commissioner.
5.
Election Commission:
(1) For the purpose of the general election
to the National Assembly and to a Provincial Assembly, and for the
purpose of election to the Senate, an Election Commission shall
be constituted in accordance with this Article.
(2)
The Election Commission shall consist of:
(a)
The Commissioner, who shall be Chairman of the Commission ; and
(b)
four members, each of whom shall be a Judge of the High Court of
each Province, appointed by the President after consultation with
the Chief Justice of the High Court concerned and with the
Commissioner.
(3)
It shall be the duty of the Election Commission constituted in relation
to an election to organize and conduct the election and to make
such arrangements as are necessary to ensure that the election is
conducted honestly, justly, fairly and in accordance with law, and
that corrupt practices are guarded against.
6.
Powers of Election Commission:
(1) The Election Commission
shall have power to issue such directions or orders as may be necessary
for the performance of its functions and duties, including an order
doing complete justice in any matter pending before it and an order
for the purpose of securing the attendance of any person or the
discovery or production of any document.
(2)
Any such direction or order shall be enforceable throughout Pakistan
and shall be executed as if it had been issued by the High Court.
7.
Duties of Commissioner:
The Commissioner shall be charged
with the duty of:
(a)
organizing and conducting election to fill casual vacancies in the
National Assembly, the Senate or a Provincial Assembly ; and
(b)
appointing Election Tribunals.
1
[7A. Application
of certain laws etc:
(1) Subject to this Order and
any Order, from time to time, made by the Chief Executive, the provisions
of Part VIII of the Constitution of the Islamic Republic of Pakistan
and all electoral laws, Orders, Acts, Ordinances and regulations,
rules, notifications and instructions made or issued thereunder
for the time being in force and amended from time to time shall
form part of this Order.
——————————————————————————————————————————————
1
Inserted vide C.E.O.
No. 8 of 2002, dt. 27-2-2002.
(2)
All electoral laws, Orders, Acts, Ordinances and regulations, rules,
notifications and instructions made or issued thereunder for the
time being in force and amended from time to time shall apply to
the preparation and revision of electoral rolls and delimitation
of constituencies and all other matters which may be necessary for
the purpose of conducting elections to both Houses of Parliament
and to the Provincial Assemblies.
(3)
The reference to the Commissioner or the Election Commission in
Part VIII and other Articles of the Constitution of the Islamic
Republic of Pakistan and all electoral laws, orders, Acts, Ordinances
and regulations, rules, notifications and instructions made or issued
thereunder for the time being in force shall be construed as reference
to the Commissioner or the Election Commission appointed or constituted
under this Order, as the case may be.
7B.
Officers and servants:
The officers and servants employed
in connection with the functions of the Commissioner or the Election
Commission immediately before the commencement of this Order shall
be deemed to be the officers and servants employed in connection
with the functions of the Commissioner or the Election Commission
appointed or constituted under this order on the same terms and
conditions and subject to the same rules as were applicable to them
until altered, modified or amended by the Commissioner.]
8.
Decisions of Commission, etc.:
(1) All decisions of the Election
Commission shall be expressed in terms of the opinion of the majority
of its members, including the Chairman.
(2)
No election conducted, or other action taken or thing done, by the
Election Commission shall be invalid or called in question only
on the ground of the existence of a vacancy therein or of the absence
of any member from any meeting thereof.
9.
Executive authorities to assist Commission etc.:
It shall
be the duty of all executive authorities in the Federation and in
the Provinces to assist the Commissioner and the Election Commission
in the discharge of his or their functions.
1
[9A. Delegation of
powers and functions:
(1) The Commissioner may, subject
to such conditions as he may deem fit, require any member of the
Election Commission to exercise and perform all or any of the powers
and functions of the Commissioner
under this Order.
——————————————————————————————————————————————
1
Inserted vide C.E.O.
No. 8 of 2002, dt. 27-2-2002.
(2)
The Election Commission may require the Commissioner or any of its
members to exercise and perform all or any of its powers and functions
under this Order.
9B.
Directions of Commission in certain matters:
Anything required
to be done for carrying out the purposes of this Order, for which
no provision or no sufficient provision exists shall be done by
such authority and in such manner as the Election Commission may
direct.
9C.
Bar of Jurisdiction:
No Court shall question the legality
of any action taken in good faith by or under the authority of the
Commission, the Commissioner, a Returning Officer, Presiding Officer
or an Assistant Presiding Officer or any decision given by any of
them or any other officer or authority appointed under this order
or the rules.
9D.
Protection of actions taken in good faith:
No suit, prosecution
or other legal proceeding shall lie against the Election Commission,
the Commissioner or any officer or other person in respect of anything
which is in good faith done or intended to be done under or in pursuance
of this Order or of any rule or Order made or any direction given
thereunder.
9E.
Power to make rules:
The Commissioner may, with the approval
of the President, make rules for carrying out the purposes of this
Order.
9F.
Removal of difficulties:
If any difficulty arises in giving
effect to any of the provisions of this Order, the President may
make such provision for the removal of the difficulty as he may
deem fit.]
10.
Repeal:
The Extension in the term of Chief Election Commissioner
Order, 2000 (Chief Executive's Order No. 9 of 2000), is hereby repealed.
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THE SCHEDULE
[See
Article 3]
(In
the name of Allah, the most Beneficent, the most Merciful)
I_______________________,
do solemnly swear that as Chief Election Commissioner, I will discharge
my duties, and perform my functions, honestly, to the best of my
ability, faithfully, in accordance with the law, the Proclamation
of Emergency of the Fourteenth day of October, 1999, the Provisional
Constitution Order No. 1 of 1999, as amended, and without fear or
favour, affection or ill-will, and that will not allow my personal
interest to influence my official conduct or my official decisions.
That
I will abide by the provisions of the Proclamation of Emergency
of the fourteenth day of October, 1999, and the Provisional Constitution
Order No. 1 of 1999, as amended.
[May Allah Almighty help
and guide me (A'meen)]
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