Chapter 1: "Chief Election Commissioner and Elections Commissions" of Part VIII: "Elections"

Part VIII: Elections

Chapter 1: Chief Election Commissioner and Elections Commissions

213	Chief Election Commissioner. (1) There shall be a Chief Election Commissioner (in this Part referred to as the Commissioner), who shall be appointed by the President  542[] 542.   (2) 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 a High Court and is qualified under paragraph (a) of clause (2) of Article 177 to be appointed a Judge of the Supreme Court.    544[ (2A) The Prime Minister shall in consultation with the Leader of the Opposition in the National Assembly, forward three names for appointment of the Commissioner to a Parliamentary Committee for hearing and confirmation of any one person.   (2B) The Parliamentary Committee to be constituted by the Speaker shall comprise fifty percent members from the Treasury Branches and fifty percent from the Opposition Parties, based on their strength in Majlis-e-Shoora (Parliament), to be nominated by the respective Parliamentary Leaders: Provided that in case there is no consensus between the Prime Minister and the Leader of the Opposition, each shall forward separate lists to the Parliamentary Committee for consideration which may confirm any one name:  545[Provided further that the total strength of the Parliamentary Committee shall be twelve members out of which one-third shall be from the Senate. ] 545 Provided also that when the National Assembly is dissolved and a vacancy occurs in the office of the Chief Election Commissioner, the  546[total membership of the Parliamentary Committe shall consist of] 546 the members from the Senate only and the foregoing provisions of this clause shall, mutatis mutandis, apply.   ] 544 (3) The Commissioner shall have such powers and functions as are conferred on him by the Constitution and law.
214	547[] 547Oath of Office. Before entering upon office, the Commissioner shall make before the Chief Justice of Pakistan  548[, and a member of the Election Commission shall make before the Commissioner,] 548 oath in the form set out in the Third Schedule.
215	Term of office of Commissioner  549[and members] 549 (1) The Commissioner  550[and a member] 550 shall, subject to this Article, hold office for a term of  551[three] 551 years from the day he enters upon his office:  552[Provided that the aforesaid amendment shall be effective after the expiry of current tenure of the present incumbent  553[Commissioner] 553.] 552  554[] 554   (2) The Commissioner  555[or a member] 555 shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a Judge and, in the application of the Article for the purposes of this clause, any reference in that Article to a Judge shall be construed as a reference to the Commissioner  556[or, as the case may be, a member] 556 .   (3) The Commissioner  557[or a member] 557 may, by writing under his hand addressed to the President, resign his office.
216	Commissioner  558[and members] 558 not to hold office of profit. (1) The Commissioner  559[or a member] 559 shall not, (a) hold any other office of profit in the service of Pakistan; or (b) occupy any other position carrying the right to remuneration for the rendering of services.   (2) A person who has held office as Commissioner  560[or a member] 560 shall not hold any office of profit in the service of Pakistan before the expiration of two years after he has ceased to hold that office: Provided that (a) this clause shall not be construed as preventing a person who was a Judge of the Supreme Court or of a High Court immediately before his appointment as Commissioner from resuming his duties as such Judge on the expiration of his term as Commissioner 561[.] 561  562[] 562
217	Acting Commissioner. At any time when, (a) the office of Commissioner is vacant, or (b) the Commissioner is absent or 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.
218	Election Commission.  563[ (1) For the purpose of election to both Houses of Majlis-e-Shoora (Parliament), Provincial Assemblies and for election to such other public offices as may be specified by law, a permanent Election Commission shall be constituted in accordance with this Article.   ] 563 565[ (2) The Election Commission shall consist of- (a) The Commissioner who shall be the Chairman of the Commission; and (b) four members, each of whom has been a Judge of a High Court from each Province, appointed by the President in the manner provided for appointment of the Commissioner in clauses (2A) and (2B) of Article 213.   ] 565 (3) It shall be the duty of the Election Commission  568[] 568 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.
219	Duties of Commissioner. The  569[Commission] 569 shall be charged with the duty of:- (a) preparing electoral rolls for election to the National Assembly and the Provincial Assemblies, and revising such rolls annually, (b) organizing and conducting election to the Senate or to fill casual vacancies in a House or a Provincial Assembly; and (c) appointing Election Tribunals 570[;] 570  571[ (d) the holding of general elections to the National Assembly, Provincial Assemblies and the local governments; and (e) such other functions as may be specified by an Act of Majlis-e-Shoora (Parliament) 572[:] 572 ] 571  573[Provided that till such time as the members of the Commission are first appointed in accordance with the provisions of paragraph (b) of clause (2) of Article 218 pursuant to the Constitution (Eighteenth Amendment) Act, 2010, and enter upon their office, the Commissioner shall remain charged with the duties enumerated in paragraphs (a), (b) and (c) of this Article.] 573
220	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.
221	Officers and servants. Until  574[Majlis-e-Shoora (Parliament)] 574 by law otherwise provides, the  575[Election Commission] 575 may, with the approval of the President, make rules providing for the appointment by the Commissioner of officers and servants to be employed in connection with the functions of the  576[] 576 Election Commission and for their terms and conditions of employment.

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Notes

⁵⁴²   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 77(i) (with effect from April 19, 2010) : " ⁵⁴³[in his discretion.] ⁵⁴³".

⁵⁴³   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 46 (with effect from March 2, 1985).

⁵⁴⁴   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 77(ii) (with effect from April 19, 2010).

⁵⁴⁵   Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 6(i) (with effect from January 1, 2011) for :

Provided further that the total strength of the Parliamentary Committee shall not exceed twelve members out of which one-third shall be from the Senate:

⁵⁴⁶   Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 6(ii) (with effect from January 1, 2011) for "Parliamentary Committee shall comprise".

⁵⁴⁷   The following was omitted by Constitution (Twentieth Amendment) Act, 2012, Section 3(a) (with effect from February 28, 2012) : "Commissioner's".

⁵⁴⁸   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 3(b) (with effect from February 28, 2012).

⁵⁴⁹   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(a) (with effect from February 28, 2012).

⁵⁵⁰   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(b)(i) (with effect from February 28, 2012).

⁵⁵¹   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 78(i) (with effect from April 19, 2010) for "five".

⁵⁵²   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 78(i) (with effect from April 19, 2010).

⁵⁵³   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(b)(ii) (with effect from February 28, 2012).

⁵⁵⁴   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 78(ii) (with effect from April 19, 2010) : :

Provided that the National Assembly may by resolution extend the term of the Commissioner by a period not exceeding one year.

⁵⁵⁵   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(c)(i) (with effect from February 28, 2012).

⁵⁵⁶   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(c)(ii) (with effect from February 28, 2012).

⁵⁵⁷   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(d) (with effect from February 28, 2012).

⁵⁵⁸   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 5(a) (with effect from February 28, 2012).

⁵⁵⁹   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 5(b) (with effect from February 28, 2012).

⁵⁶⁰   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 5(c) (with effect from February 28, 2012).

⁵⁶¹   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 79(i) (with effect from April 19, 2010).

⁵⁶²   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 79(ii) (with effect from April 19, 2010) : :

(b)	a person who has held office as Commissioner may, with the concurrence of both Houses, be reappointed to that office before the expiration of two years after he has ceased to hold that office.

⁵⁶³   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 80(i) (with effect from April 19, 2010) for :

 ⁵⁶⁴[

(1)	For the purpose of election to both Houses of Majlis-e-Shoora (Parliament), Provincial Assemblies and for election of such other public offices as may be specified by law or until such law is made by the Majlis-e-Shoora (Parliament) by Order of the President, a permanent Election Commission shall be constituted in accordance with this Article.

] ⁵⁶⁴

⁵⁶⁴   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 21(1) (with effect from August 21, 2002) for :

(1)	For the purpose of each general election to the National Assembly and to a Provincial Assembly, an Election Commission shall be constituted in accordance with this Article.

⁵⁶⁵   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 80(ii) (with effect from April 19, 2010) for :

(2)	The Election Commission shall consist of, (a) the Commissioner who shall be Chairman of the Commission; and (b)  566[four] 566 members each of whom shall be a Judge of a High Court  567[from each Province] 567appointed by the President after consultation with the Chief Justice of the High Court concerned and with the Commissioner.

⁵⁶⁶   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 21(2)(i) (with effect from August 21, 2002) for "two".

⁵⁶⁷   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 21(2)(ii) (with effect from August 21, 2002).

⁵⁶⁸   The following was omitted by Constitution (Twentieth Amendment) Act, 2012, Section 6 (with effect from February 28, 2012) : "constituted in relation to an election".

⁵⁶⁹   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 81(i) (with effect from April 19, 2010) for "Commissioner".

⁵⁷⁰   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 81(ii) (with effect from April 19, 2010) for ".".

⁵⁷¹   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 81(ii) (with effect from April 19, 2010).

⁵⁷²   Substituted by Constitution (Twentieth Amendment) Act, 2012, Section 7 (with effect from February 28, 2012) for ".".

⁵⁷³   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 7 (with effect from February 28, 2012).

⁵⁷⁴   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁵⁷⁵   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 82 (with effect from April 19, 2010).

⁵⁷⁶   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 82 (with effect from April 19, 2010) : "Commissioner or an".