Updated: Tuesday January 23, 2018/AthThulatha
Jamada El Oula 07, 1439/Mangalavara
Magha 03, 1939, at 05:41:57 PM
The Elections Act,
2017
ISLAMABAD,
MONDAY, OCTOBER 2, 2017
PART
I
Acts, Ordinances, President’s
Orders and Regulations NATIONAL ASSEMBLY SECRETARIAT
Islamabad, the 2nd October, 2017
No. F.22(27)/2017-Legis.—The
following Act of Majlis-e-Shoora (Parliament)
received the assent of the President on the 2nd October, 2017 is herey
published for general information.—
ACT NO. XXXIII OF 2017
An Act to amend, consolidate and unify laws
relating to the conduct of elections.
WHEREAS it is
expedient to amend, consolidate and unify laws relating to the conduct of
elections and matters connected therewith or ancillary thereto;
It is hereby enacted as
follows:—
(1435)
Price: Rs. 83.50
[1664(2017)/Ex. Gaz.].
1436 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
CHAPTER
I
PRELIMINARY
1.
Short title, extent and commencement.—(1) This Act may be called
the Elections Act, 2017.
(2)
It extends to the whole of Pakistan.
(3)
It shall come into force at once.
2.
Definitions.—In this Act, unless there is anything repugnant in the
subject or context,—
(i)
―aalim” means a Muslim scholar
who—
(a)
holds a degree or a sanad requiring conclusion of at least
sixteen years of education recognized by the Higher Education Commission; and
(b)
has at least twenty years‘
experience as a teacher or researcher in fields relating to the principles and
philosophy of Islam and Islamic law;
(ii)
―applicable local government
law” means an Act of Majlis-e- Shoora (Parliament) or of a
Provincial Assembly for establishment of a local government and includes an Ordinance;
(iii)
―Article” means Article of
the Constitution;
(iv)
―Assembly” means the
National Assembly or a Provincial Assembly;
(v)
―asset” means any property
owned or held by a candidate or a Member;
(vi)
―bye-election” means an election
to fill a casual vacancy;
(vii)
―candidate” means a person proposed and seconded as a candidate
for, or seeking, election as a Member;
(viii)
―Code” means the Code of
Criminal Procedure, 1898 (Act V of 1898);
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1437
(ix)
―Commission” means the Election
Commission of Pakistan constituted
under Article 218;
(x)
―Commissioner” means the
Chief Election Commissioner appointed under Article 213 and includes an Acting
Chief Election Commissioner appointed under Article 217;
(xi)
―constituency” means a constituency delimited under this Act;
(xii)
―Constitution” means the
Constitution of the Islamic Republic of Pakistan;
(xiii)
―contesting candidate” means
a validly nominated candidate who
has not withdrawn his candidature;
(xiv)
―election agent” means a person appointed
by a candidate as his
election agent under this Act, and, where no such appointment is made, the
candidate acting as his own election agent;
(xv)
―election expenses” means any expenditure incurred before, during and after an election or payment
made, whether by way of gift, loan, advance, deposit or otherwise, for the
arrangement, conduct or benefit of, or in connection with or incidental to the
election of a candidate, including the expenditure on account of issuing
circulars or publications but does not include the deposit made under section
61 or section 111;
(xvi)
―electoral area” means—
(a)
in rural areas, a village or a
census block;
(b)
in urban areas,—
I.
where there is a municipal ward or
census block, such ward or census block;
II.
where there is no municipal ward
or a census block, a well-defined Mohallah
or a street;
III.
where the ward or census block, Mohallah or street is too big, a
well-defined part thereof:
Provided that
a census block shall not be divided except in exceptional circumstances for
reasons to be recorded;
1438 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(c)
such other area as may be
determined by the Commission;
(xvii)
―election observer” means a person authorized by the Commission
to observe the conduct of an election;
(xviii)
―election official” includes an officer
or official of the Commission, a District Returning
Officer, a Returning Officer, an Assistant Returning Officer, a Presiding
Officer, an Assistant Presiding Officer, a Polling Officer or any officer or
official of law enforcing agency or other agencies or any other official
appointed or deputed to perform duties in connection with an election;
(xix)
―Election Programme” means
an Election Programme notified by the
Commission under this Act;
(xx)
―electoral roll” means an
electoral roll prepared, revised or corrected
under this Act and includes the electoral rolls prepared under the Electoral
Rolls Act 1974 (XXI of 1974), existing immediately before the commencement of
this Act;
(xxi)
―Form” means a Form appended
to this Act;
(xxii)
―Government” means the
Federal Government and ‗any Government‘
means the Federal Government, a Provincial Government or a local government;
(xxiii)
―government dues and utility expenses” include
rent, charges
of rest
houses or lodges or other accommodation owned by any Government or a body owned
or controlled by any Government but shall not include the government dues and
utility expenses the recovery of which has been stayed by any order of a court;
or tribunal;
(xxiv)
―loan”, means
any
loan, advance,
credit
or
finance obtained or
written off on or after 31st December, 1985 but shall not include the loan the
recovery of which has been stayed by a court or tribunal;
(xxv)
―local government” means a local government, by whatever name called,
established by law;
(xxvi)
―Member” means member of an
Assembly, the Senate or a local government;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1439
(xxvii)
―National Database and
Registration Authority” means the National Database and Registration Authority
constituted under the National Database and Registration Authority Ordinance,
2000 (VIII of 2000);
(xxviii)
―political party”
means an association of citizens or a combination or group of such associations
formed with a view to propagating or influencing political opinion and
participating in elections for any elective public office or for membership of
a legislative body, including an Assembly, the Senate, or local government;
(xxix)
―population” means the
population in accordance with the last preceding
census officially published;
(xxx)
―prescribed” means
prescribed by the Rules;
(xxxi)
―Presiding Officer” means a
Presiding Officer appointed under this Act for a polling station and includes
an Assistant Presiding Officer performing the functions of a Presiding Officer;
(xxxii)
―provisional” means
unofficial and not final;
(xxxiii)
―Registration Officer”
means a Registration
Officer appointed under this
Act and includes
an Assistant Registration
Officer performing the functions of a Registration Officer;
(xxxiv)
―returned candidate” means a candidate
who has been declared elected as a Member under this Act;
(xxxv)
―Revising Authority” means a
person appointed under this Act to hear
and dispose of claims and objections and applications for corrections relating
to the electoral rolls;
(xxxvi)
―Rules” means rules made
under this Act;
(xxxvii)
―section” means a section of
this Act;
(xxxviii)
―tax” includes a tax
levied by any Government, but shall
not include taxes the recovery of which has
been stayed by a court or tribunal;
(xxxix)
―technocrat” means a person who—
1440 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(a)
holds a degree requiring
conclusion of at least sixteen years of education recognized by the Higher
Education Commission; and
(b)
has at least twenty years of
experience including a record of achievement at the national or international level;
(xl) ―validly nominated candidate” means a candidate whose nomination paper has been accepted; and
(xli) ―voter” means—
(a)
in relation to an Assembly or a local
government, a person who is enrolled as a voter on the electoral roll of any
electoral area in a constituency; and
(b)
in relation to the Senate, a
person who—
I.
for election to a seat from a
Province, is a Member of the Provincial Assembly;
II.
for election to seats from the Islamabad Capital Territory,
is a Member of the National Assembly; and
III.
for election to a seat from the
Federally Administered Tribal Areas, is a Member of the National Assembly
elected from the Federally Administered Tribal
Areas.
CHAPTER
II
ELECTION COMMISSION OF PAKISTAN
3.
Procedure of the Commission.—(1) In the performance of its
functions, and duties and exercise of its powers, the Commission shall regulate
its own procedure.
(2)
The Commission may exercise its
powers and perform its functions even if the office of any member of the
Commission is vacant or any of the members is, for any reason, unable to attend
the proceedings of the Commission, and the decision of the majority of the
members shall have the effect of the decision of the Commission.
(3)
If, upon any matter requiring a
decision of the Commission, there is difference of opinion amongst
its members, the opinion of the majority
shall
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1441
prevail and the decision of the
Commission shall be expressed in terms of the opinion of the majority:
Provided that—
(a)
where the members attending the
proceedings of the Commission are four and they are equally divided in their
opinion; or
(b)
where the members attending the
proceedings of the Commission are three and there is difference of opinion
amongst them;
the matter shall
be placed for decision before the full Commission, comprising all its members.
(4)
In this section and section 6, the
term ‗member of the Commission‘ includes the Commissioner.
4.
Power to issue directions.—(1) The Commission shall have the power
to issue such directions or orders as may be necessary for the performance of
its functions and duties, including an order for 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.
(3)
Anything required to be done for
carrying out the purposes of this Act, for which no provision or no sufficient
provision exists, shall be done by such authority and in such manner as the
Commission may direct.
5.
Assistance to the Commission.—(1) The Commissioner or the
Commission may require any person or authority to perform such functions or
render such assistance for the purposes of this Act as he or it may direct.
(2)
It shall be the duty of all
executive authorities in the Federation and in the Provinces to render such
assistance to the Commissioner and the Commission in the discharge of his or
its functions as may be required by the Commissioner or the Commission.
(3)
The Federal Government and each
Provincial Government shall make available to the Commission such staff as it
may require for the performance of its functions under this Act:
1442 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
Provided that
where the Commission decides to utilize the services of serving judicial
officers, it may do so in consultation with the Chief Justice of the High Court
concerned.
(4)
After the Election Programme has
been issued and till the publication of the names of the returned candidates in
the official Gazette, any Government or authority shall not post or transfer
any official appointed or deputed in connection with an election without prior
approval in writing of the Commission, including posting or transfer the
decision in respect whereof has not been implemented, and the Commission may
itself issue necessary directions to any such Government or authority for the
posting or transfer of any official.
6.
Delegation of powers.—(1) The Commission may authorize the
Commissioner or any of its members or any of the officers of the Commission to
exercise and perform any of its powers and functions under this Act.
(2)
The Commissioner shall exercise
powers relating to the appointment of officers and staff to be employed in
connection with the functions of the Commission and determine their terms and
conditions of employment in accordance with the Rules.
(3)
The Commissioner shall constitute
benches comprising three or more members of the Commission to hear and decide
complaints, applications, petitions or appeals filed before it under this Act.
(4)
The decision of a Bench
constituted under sub-section (3) shall be deemed to be a decision of the
Commission except where due to difference of opinion among members of the
bench, the matter is required to be placed before the full Commission for
decision under section 3.
7.
Power to requisition property.—(1) A Provincial Government, deputy
commissioner, political agent or head of district administration, by whatever
name called, shall, upon a request made in this behalf by the Commission,
requisition a vehicle, vessel or other means of transportation as is needed or
is likely to be needed for the purpose of transporting to and from any polling
station ballot boxes or other election material or any officer or other person
engaged for the performance of any duty in connection with an election.
(2)
A Provincial Government, deputy
commissioner, political agent or head of district administration, by whatever
name called, shall not requisition a vehicle, vessel or other means of
transportation which is being used by a candidate or his election agent for any
purpose connected with the election of such
candidate.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1443
(3)
Any person authorized in this
behalf by the Provincial Government may take possession of a vehicle, vessel or
other means of transportation requisitioned under sub-section (1) and may for
that purpose use such force, including police force, as may be reasonably necessary.
(4)
Where any vehicle, vessel or other
means of transportation is requisitioned under sub-section (1), there shall be
paid to the owner thereof compensation the amount of which shall be determined
by the Provincial Government or the officer requisitioning the vehicle, vessel
or other means of transportation on the basis of the fares and rates prevailing
in the locality for its hire.
(5)
Where the owner of the vehicle,
vessel or other means of transportation, being aggrieved by the amount of
compensation so determined makes an application to the Provincial Government
within a period of thirty days from the date the amount has been determined,
for the matter being referred to an arbitrator agreed upon by the parties, the
amount of compensation to be paid shall be such as the arbitrator appointed in
this behalf by the Provincial Government may
determine.
8.
Power of Commission to ensure fair election.—Save as otherwise
provided, the Commission may—
(a)
stop the polls at one or more
polling stations at any stage of the election if it is convinced that it shall
not be able to ensure the conduct of the election justly, fairly and in
accordance with law due to large scale malpractices, including coercion,
intimidation and pressures, prevailing at the
election;
(b)
review an order passed by an
officer under this Act or the Rules, including rejection of a ballot paper; and
(c)
issue such instructions, exercise
such powers and make such consequential orders as may in its opinion, be
necessary for ensuring that an election is conducted honestly, justly, fairly
and in accordance with the provisions of this Act and the Rules.
9.
Power of the Commission to declare a poll void.—(1) Notwithstanding
anything contained in this Act, if, from facts apparent on the face of the
record and after such enquiry as it may deem necessary, the Commission is satisfied
that by reason of grave illegalities or such violations of the provisions of
this Act or the Rules as have materially affected the result of the poll at one
or more polling stations or in the whole constituency including implementation
of an agreement restraining women from casting their votes, it shall make a
declaration accordingly and call upon the voters in the concerned
1444 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
polling station or stations or in
the whole constituency as the case may be, to recast their votes in the manner
provided for bye-elections.
Explanation.—If the turnout of women
voters is less than ten percent of the total votes polled in a constituency,
the Commission may presume that the women voters have been restrained through
an agreement from casting their votes and may declare, polling at one or more
polling stations or election in the whole constituency, void.
(2)
Notwithstanding the powers
conferred on it by sub-section (1), the Commission may order filing of
complaint under this Act before a court of competent jurisdiction against
persons who entered into the agreement referred to in sub-section (1).
(3)
Notwithstanding the publication of
the name of a returned candidate under section 98, the Commission may exercise
the powers conferred on it by sub-section (1) before the expiration of sixty
days after such publication; and, where the Commission does not finally dispose
of a case within the said period, the election of the returned candidate shall
be deemed to have become final, subject to the decision of an Election Tribunal
on an election petition, if any.
(4)
While exercising the powers
conferred on it by sub-section (1), the Commission shall be deemed to be an
Election Tribunal to which an election petition has been presented and shall,
notwithstanding anything contained in Chapter IX, regulate its own procedure.
(5)
Any person aggrieved by a
declaration of the Commission under this section may, within thirty days of the
declaration, prefer an appeal to the Supreme Court.
10.
Power to punish for contempt.—The Commission may exercise the same
power as the High Court to punish any person for contempt of court and the
Contempt of Court Ordinance, 2003 (V of 2003), or any other law pertaining to contempt
of court shall have effect accordingly as if reference
therein to a
―court” and to a ―judge” were a reference, respectively, to the ―Commission” and
the ―Commissioner” or,
as the case may be,
a member of
the Commission.
11.
Expenditure charged upon Federal Consolidated Fund.—(1) The
remuneration payable to the Commissioner, members and other officers and staff
of the Commission and all administrative expenses and other expenditure
relating to the Commission shall be expenditure charged upon the Federal
Consolidated Fund, within the meaning of Article 81.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1445
(2) Subject to
the provisions relating to audit and applicable laws and rules, the
Commissioner shall have full financial powers to sanction and incur expenditure
within the approved budgetary allocation, including creation of posts.
12.
Measures for training and public awareness.—The Commission shall,
from time to time as it may deem fit,–
(a)
conduct training programs for
election officials including officials of the Commission, any Government or
corporations, and autonomous or semi-autonomous bodies controlled by any of
these Governments and officers from the judiciary, if any, deputed or selected
in connection with an election in accordance with procedure laid down under
this Act or the Rules;
(b)
advise public authorities,
educational and training institutions regarding programmes and measures to
promote dissemination of knowledge regarding electoral laws and best practices;
(c)
conduct public awareness
programmes and media campaigns, regarding the importance of maximum voter
enrolment and participation in elections, especially by women, dissemination of
information regarding procedure of casting vote, and the importance of
maintaining the integrity of the electoral process; and
(d)
examine laws, rules and
regulations in force which are relevant to the conduct of elections and
recommend to the Federal Government amendments in such laws, rules or
regulations, as the case may be, in order to increase transparency and fairness
and eliminate corrupt practices.
13.
Establishment of results management system.—(1) The Commission
shall establish a transparent results management system for expeditious
counting, tabulation, compilation, transmission, dissemination and publication
of results in the official Gazette and on the website of the Commission.
(2)
The Presiding Officer shall
immediately take snapshot of the Result of the Count and, as soon as
connectivity is available and it is practicable, electronically send it to the
Commission and the Returning Officer before sending the original documents
under section 90.
(3)
The Returning Officer shall
compile the provisional results forthwith and, on or before 2.00 a.m. the day
immediately following the polling day, communicate these results electronically
to the Commission:
1446 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
Provided that
if, for any reason, the results are incomplete at that time, the Returning
Officer shall communicate to the Commission reasons thereof, listing the
polling stations from which results are awaited, and send the complete
provisional results as soon as the results are
compiled.
(4)
The Returning Officer shall
electronically send to the Commission—
(a)
scanned copy of the provisional
results compiled under sub-section (3); and
(b)
scanned copies of the Consolidated
Statement of the Results of the Count, Final Consolidated Result together with
Results of the Count and the Ballot Paper Accounts, as received by him from the
Presiding Officers under sub-section (18) of section 90.
(5)
The Returning Officer shall also
send to the Commission original copies of documents mentioned in sub-sections
(3) and (4) through special messenger or any other swift means of communication
including urgent mail service or courier service, as may be directed by the Commission.
(6)
The Commission shall publish the
documents received under sub- section (3) along with gender disaggregated data
of turnout on its website.
14.
Action Plan.—(1) The Commission shall, at least four months before
the general election is due to be held on expiry of the term of an Assembly,
prepare a comprehensive Action Plan specifying all legal and administrative
measures that have been taken or required to be taken in respect of the
election, including the following—
(a)
delimitation of constituencies;
(b)
revision of electoral rolls;
(c)
enlistment of political parties;
(d)
allocation of symbols;
(e)
appointment and training of
District Returning Officers, Returning Officers, Assistant Returning Officers,
Presiding Officers, Assistant Presiding Officers, Polling Officers and other
election officials;
(f)
preparation of constituency-wise
list of polling stations and list of polling
personnel;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1447
(g)
determination and printing of
requisite number of ballot papers and designation of printing presses;
(h)
establishment of a transparent
result management system for election results;
(i)
introduction of any new technology;
(j)
arrangements for election observers;
(k)
appointment of the Appellate and
Election Tribunals;
(l)
security measures; and
(m)
monitoring mechanism to report
progress regarding implementation of the Action Plan.
(2)
The Commission shall carry out a
post-election review of implementation of the Action Plan to ascertain
shortcomings, if any, with suggestions to further improve the electoral system.
(3)
The Commission shall include the
post-election review in its next annual report under section 16 and publish it
on its website.
15.
Complaints.—(1) Any person aggrieved by any decision or action
taken or direction issued by an authority subordinate to the Commission or any
action of a political party or a candidate in violation of the Code of Conduct
may, within fifteen days of such decision or action, submit a complaint to the
Commission pertaining to matters other than relating to election disputes
falling under Article 225.
(2)
The Commission may refer the
complaint received under sub-section (1) to such authority as it may deem
appropriate for enquiry and report.
(3)
The Commission may, on receipt of
enquiry report or after hearing the complainant and any other person relevant
to the proceedings itself and holding a summary enquiry, pass such orders as it
may deem fit within thirty days from the date of receipt of the complaint.
(4)
The Commission may also act under
this section on its own accord.
(5)
The Commission shall publish
the order passed
under sub-section
(3) on its website.
1448 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
16.
Commission to submit an annual report.—(1) The Commission shall,
within ninety days after the end of every calendar year, publish a report of
its activities for the year and send the report to the Federal Government and
each Provincial Government.
(2)
The Federal Government and each
Provincial Government shall, within sixty days from the receipt of the annual
report from the Commission, lay the annual report in each House of Majlis-e-Shoora (Parliament) and each
Provincial Assembly.
(3)
Immediately after the annual
report is laid in any House of Majlis-e-Shoora
(Parliament), the Commission shall publish the annual report on its website.
CHAPTER
III
DELIMITATION OF CONSTITUENCIES
17.
Commission to delimit constituencies.—(1) The Commission shall
delimit territorial constituencies for elections to the National Assembly, each
Provincial Assembly and to the local governments in accordance with the
provisions of the Constitution, this Act, the Rules and the applicable local
government law.
(2) The
Commission shall delimit constituencies after every census officially
published.
18.
Seats in the National Assembly and Provincial Assemblies.—(1) There
shall be seats in the National Assembly allocated to each Province, Islamabad Capital Territory,
and the Federally Administered Tribal Areas and seats reserved for women and
non-Muslims, as specified in Article 51.
(2) There shall
be seats in each Provincial Assembly consisting of general seats and seats
reserved for women and non-Muslims, as specified in Article 106.
19.
Delimitation of constituencies.—(1) For the purpose of election to
the National Assembly, the Commission shall
divide—
(a)
each Province into as many
separate territorial constituencies as the number of general seats allocated to
that Province in Article 51; and
(b)
Islamabad Capital
Territory and the
Federally Administered Tribal Areas into as many separate territorial
constituencies as the number
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1449
of general seats respectively
allocated to the Islamabad
Capital Territory
and the Federally Administered Tribal Areas in Article 51.
(2)
A Province shall be a single
constituency for all seats reserved for women which are allocated to each
Province in Article 51.
(3)
The constituency for all seats
reserved for non-Muslims in the National Assembly shall be the whole country.
(4)
For the purpose of election to
Provincial Assemblies, the Commission shall divide each Province into as many
separate territorial constituencies as the number of general seats specified in
Article 106.
(5)
The constituencies for the seats
reserved for women and non- Muslims in the Provincial Assemblies shall be such
that each Province forms one constituency with as many such seats as are
allocated to that Province in Article 106.
(6)
For the purpose of election to the
local governments, the Commission shall carry out delimitation with due regard
to the applicable local government law.
20.
Principles of delimitation.—(1) All constituencies for general
seats shall, as far as practicable, be delimited having regard to the
distribution of population in geographically compact areas, physical features,
existing boundaries of administrative units, facilities of communication and
public convenience and other cognate factors to ensure homogeneity in the
creation of constituencies.
(2)
For the purpose of delimiting constituencies
for the general seats of the National Assembly for the Tribal Areas two or more
separate areas may be grouped into one constituency.
(3)
As far as possible, variation in
population of constituencies of an Assembly or a local government shall not ordinarily
exceed ten percent.
(4)
If the limit of ten percent under
sub-section (3) is exceeded in an exceptional case, the Commission shall record
reasons thereof in the delimitation order.
21.
Reports of Commission and list of constituencies.—(1) For the
purpose of delimiting constituencies, the Commission may receive and consider
representations, hold inquiries, summon witnesses and record evidence, and shall
1450 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
prepare
and publish in the official Gazette a preliminary report and list of
constituencies specifying the areas proposed to be included in each constituency.
(2)
The Commission shall invite
representations in respect of the preliminary report within a period of thirty
days from the date of publication.
(3)
A voter in a constituency may,
within the period specified in sub-section (2), make a representation to the
Commission in respect of the delimitation of that constituency proposed in the
preliminary report.
(4)
The Commission shall, after
hearing and considering the representations, if any, received by it, make such
amendments, alterations or modifications in the preliminary list of
constituencies published under sub-section (1) as it thinks fit or necessary,
and shall, within a period of thirty days from the last date fixed for making
representation under sub-section (2), publish in the official Gazette and on
its website, the final report and list of constituencies showing the areas
included in each constituency.
22.
Power of Commission to make amendment, alteration or modification in
the final list of constituencies.—(1) Notwithstanding anything contained in
this Act, the Commission may, at any time but at least four months before
notification of the Election Programme, of its own motion and for reasons to be
recorded, make such amendments, alterations or modifications in the final list
of constituencies published under sub-section (4) of section 21 or in the areas
included in a constituency, as it deems necessary.
(2) The
Commission shall publish in the official Gazette and on its website the
proposed amendments, alterations or modifications with their justifications and
invite and hear representations in respect thereof before taking final decision
thereon.
CHAPTER
IV
ELECTORAL ROLLS
23.
Preparation and computerization of electoral rolls.—(1) The
Commission shall prepare the electoral rolls for election to the National
Assembly, Provincial Assemblies and local governments and shall revise such
rolls periodically in the prescribed manner.
(2) The Commission shall make arrangements for
the computerization of the electoral
rolls in such manner as it may determine and any printout from the database
maintained by or with the authority of the Commission, shall be deemed to be an
electoral roll published under this Act.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1451
24.
Appointment of Registration Officers.—(1) The Commission shall
appoint a Registration Officer for an electoral area or group of electoral
areas for the purpose of preparation, revision, correction and amendment of the
electoral rolls and may, for that purpose, appoint as many Assistant
Registration Officers as may be necessary.
(2) Subject to
such prior permission or instructions as may be given in this behalf by the
Commission—
(a)
an Assistant Registration Officer
may, under the control of the Registration Officer, perform the functions of a
Registration Officer; and
(b)
a Registration Officer may require
any official to assist him in the performance of his functions.
25.
National Database and Registration Authority to transmit data.—(1)
In such manner as may be prescribed, the National Database and Registration
Authority shall transmit relevant data of every fresh National Identity Card
issued by it to the Commission for registration of the card-holder as a voter
in the electoral roll of the electoral area in which his permanent or temporary
address is located, in accordance with the option indicated by him in the
application for issuance of the National Identity Card.
(2)
The Authority shall also transmit
to the Commission relevant data of every cancelled or modified National
Identity Card, information regarding deceased voters and such other details as
may be required by the Commission for the purposes of this Act.
(3)
The Commission shall forward the data referred to in sub-sections
(1) and (2) to the Registration
Officer concerned who shall take steps for enrolment or, as the case may be,
correction in the relevant electoral roll in accordance with such procedure as
may be prescribed.
Explanation.—Fresh National Identity
Card includes any card that has not been earlier made part of the electoral
roll database due to any reason whatsoever.
(4)
Notwithstanding anything contained in section 28 of the National Database and
Registration Authority Ordinance, 2000 (VIII of 2000), any authority to whom an
application for registration is to be made under the National Database and Registration Authority
Ordinance, 2000 (VIII of 2000) shall, on the request of Registration Officer,
furnish him such information including extracts from the said application as
may be necessary for the purposes of this Act.
1452 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
26.
Preparation of preliminary electoral rolls.—(1) Subject to the
superintendence, directions and control of the Commission, the Registration
Officer shall prepare the electoral rolls by including in the electoral rolls,
the name of every person entitled to be enrolled as a voter in an electoral
area under this Act.
(2)
A person shall be entitled to be
enrolled as a voter in an electoral area if he—
(a)
is a citizen of Pakistan;
(b)
is not less than eighteen years of age;
(c)
possesses a National Identity Card
issued by the National Database and Registration Authority at any time till the
last day fixed for inviting claims, objections and applications for
preparation, revision or correction of electoral rolls;
(d)
is not declared by a competent
court to be of unsound mind; and
(e)
is or is deemed under section 27
to be resident in the electoral area.
Explanation.—The National Identity Card
issued by the National Database and Registration Authority shall be deemed to
be valid for the purpose of registration as a voter or for casting vote in an
election, notwithstanding the expiry of its validity period.
27.
Place of residence.—(1) Save as otherwise provided in this section,
a person shall be deemed to be resident in an electoral area if his temporary
or permanent address in the National Identity Card issued by the National
Database and Registration Authority lies in the said electoral area.
(2)
A person who is in the service of Pakistan may apply to the Registration Officer
for enrolment in the electoral area in which he temporarily resides for being
in the service of Pakistan.
(3)
The spouse and children of the
person in the service of Pakistan
may apply to the Registration Officer for enrolment in the electoral area in
which such person is enrolled under sub-section (2).
(4)
Notwithstanding anything contained
in this section or any other provision of this Chapter, the registration of a
voter at an address other than the permanent or temporary address mentioned in
his National Identity Card shall remain valid till he applies for transfer
of his vote or for modification or renewal
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1453
of his National Identity Card in
which case his vote shall be registered according to the temporary or permanent
address mentioned in the National Identity Card:
Provided that
this sub-section (4) including this proviso shall stand omitted on 31st
December, 2018.
28.
Preliminary publication.—The preliminary electoral rolls prepared
under section 26, together with a notice inviting claims, objections and
applications for corrections, if any, with respect thereto, shall be published
and displayed by the Registration Officer for a period of not less than thirty
days, in such manner and form as may be prescribed.
29.
Appointment of Revising Authorities.—The Commission shall appoint a
Revising Authority for any electoral area or group of electoral areas, for the
purpose of receiving and deciding claims, objections and applications for
correction of the preliminary electoral rolls.
30.
Period for lodging claims and objections.—(1) Any person may file
an application for inclusion of a name in the electoral roll, or an objection
to, or application for correction of, any entry in the preliminary electoral
rolls before the Revising Authority on the prescribed form within a period of
thirty days or more, as may be determined by the Commission, next following the
date of the publication of the preliminary electoral rolls under section 28.
(2) The Revising
Authority shall reject any claim or objection or application for correction or
transfer if it is not made within the period specified in sub-section (1) or is
not made in the prescribed manner.
31.
Transfer of name from one electoral area to another.—A person may
apply for transfer of his name from the electoral roll of one electoral area to
the electoral roll of another electoral area with the appropriate Revising Authority if it is preferred before the final
publication of the electoral roll under section 35, or, if it is filed after
such final publication, with the appropriate Registration Officer under section
37 by filing an application in the prescribed form for the inclusion of his
name in the electoral roll of an electoral area where he is resident and wishes
to enroll himself as voter with the request to delete his name from the
electoral roll in which his name is currently
enrolled.
32.
Application by the Registration Officer for inclusion of name.— The
Registration Officer may, within the period mentioned in section 30, apply to
the Revising Authority—
(a)
for the inclusion in the electoral
roll of the name of any person left out due to inadvertence or the absence of
timely information while preparing the preliminary electoral rolls; or
1454 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(b)
for the exclusion of any name from
the electoral roll or any correction of clerical, printing or other error which
he is himself authorized to make under section
34.
33.
Enquiry into claims and objections.—(1) Except where a claim or objection or an application for correction
is rejected under section 30 or is decided without further enquiry being valid prima facie, the Revising Authority
shall give its decision after holding a summary enquiry into each claim,
objection or application, after giving notice to the parties concerned.
(2) The decision of the Revising Authority under
sub-section (1) shall be final and shall
be communicated to the appropriate Registration Officer.
34.
Correction of electoral rolls.—The Registration Officer—
(a)
shall correct the electoral roll
in accordance with the decision of the Revising Authority under section 33; and
(b)
may further correct any clerical,
printing or other error subsequently discovered in the roll but not so as to
include in it or exclude from it, the name of any voter.
35.
Final publication.—After making additions, deletions, modifications or corrections, if any, under section
34, the Registration Officer shall publish, in the prescribed manner and form,
the final electoral roll for each electoral
area.
36.
Periodical revision of electoral roll.—(1) The Registration Officer
shall periodically revise an electoral roll as may be determined by the
Commission in the prescribed manner and form—
(a)
so as to include the name of any
qualified person whose name does not appear in such roll; or
(b)
so as to delete the name of any
person who has died or who is or has become disqualified for enrolment; or
(c)
for correcting any entry or for
supplying any omission in such roll.
(2)
An electoral roll for any
electoral area which is not revised for any reason, shall continue to remain
valid and operational.
(3)
While revising the electoral rolls
under sub-section (1), the procedure laid down in sections 24 to 35 shall, with
necessary changes, apply to revision of the electoral rolls.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1455
37. Enrolment and correction
other than periodical
revision.—
Subject to section 39—
(a)
any person whose name is not
included in an electoral roll and who claims that he was or is entitled to be
enrolled on that roll, may apply to the appropriate Registration Officer, on
the prescribed form along with a copy of the National Identity Card issued to
him under the National Database and Registration Authority Ordinance, 2000
(VIII of 2000) for the inclusion of his name in the electoral rolls, and if the
Registration Officer is satisfied after giving notice or making such enquiry as
he may deem necessary, that the applicant was or is entitled to have his name
so enrolled, he shall insert the name of such person in the database of the
electoral roll and shall also make necessary entry in the master copy of the
electoral roll maintained by him;
(b)
any person may apply to the
Registration Officer for the correction of any entry in an electoral roll—
(i)
if the entry relates to the
applicant and the Registration Officer is satisfied after giving such notice
and making such enquiry as he may consider necessary that the entry relates to
the applicant and is erroneous or defective in any particular, he shall correct
the electoral roll accordingly and shall also make necessary correction in the
relevant database;
(ii)
if the entry does not relate to
the applicant and the Registration Officer is satisfied after giving notice to
the person to whom the entry relates and after making such enquiry, as he may
consider necessary that such person is dead or is otherwise not entitled to be
enrolled as a voter, he shall correct the electoral roll accordingly and shall
also make necessary correction in the relevant
database;
(iii)
if the person to whom the entry
relates appears in response to the notice and gives his option, on the basis of
his temporary or permanent address as mentioned in the National Identity Card,
for enrolment in the electoral roll of another electoral area of the same
district, the Registration Officer shall correct the electoral roll accordingly
and if such option requires such person‘s enrolment in the electoral roll of an
electoral area of another district, he shall refer the matter to the
Registration Officer concerned for the needful to be done, after necessary
verification, for enrolment of such person as voter in the relevant electoral
roll of that district under intimation to the Commission; and
1456 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(iv)
if the person does not appear in
response to the notice and the entry objected to is required to be transferred
to the electoral roll of another electoral area within the district, the
Registration Officer shall correct the electoral roll accordingly and if such
entry relates to another district shall refer the matter to the Registration
Officer concerned with request to enroll such person, after necessary
verification, in the electoral roll of
that district at his permanent address mentioned in his National Identity Card
under intimation to the Commission;
(c)
if a person applies for transfer
of vote from the electoral roll of an electoral area to the electoral roll of
another electoral area of the same district, the Registration Officer of that
district shall, after making such enquiry as he may consider necessary, strike
off the name of the applicant from the master copy of the electoral roll in
which his name presently exists and include his name in the master copy of the
electoral roll of the other electoral area and shall make necessary changes in
the database of the electoral rolls accordingly;
(d)
if a person applies for transfer
of vote from the electoral roll of an electoral area of a district to the
electoral roll of an electoral area of the other district, the Registration
Officer of the district to which transfer of vote is sought, shall, after
making such enquiry as he may consider necessary, include the name of the
applicant in the master copy of the electoral roll of the electoral area
requested, make necessary changes in the database of the electoral rolls accordingly
and inform the Registration Officer of the district from which transfer of vote
is sought and the latter shall strike off the name of the applicant from the
master copy of the roll being maintained by
him;
(e)
where the Registration Officer
rejects application made under this section, he shall record brief reasons of
his decision; and
(f)
a person aggrieved by the order of
the Registration Officer made under this section may, within thirty days of
such order, appeal to the Appellate Authority to be appointed by the Commission
and the decision of such Appellate Authority shall be final.
38.
Preparation of rolls afresh.—If the Commission considers it
necessary, on account of any gross error or irregularity in or in the
preparation of an electoral roll for any electoral area or a part of an
electoral area or other cogent reasons including changes in the limits of that
electoral area or large scale displacement of population due to a natural
calamity, it may, for reasons to be
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1457
recorded, by order direct that
the roll for such electoral area or part of electoral area shall stand
cancelled and that afresh electoral roll for that electoral area or part of
electoral area be prepared in accordance with the provisions of this Act.
39.
No revision, correction or transfer after constituency called upon to
elect.—(1) No revision of or correction in an electoral roll of an
electoral area or inclusion or transfer of a vote from the electoral roll of an
electoral area to the electoral roll of another electoral area shall be made
nor shall any order under section 38 be made in respect of any electoral roll
during the period beginning thirty days before the day on which the term of an
Assembly or a local government is due to expire (hereinafter referred to as
‗the cut-off date‘) till announcement of the results of the general
election to the Assembly or the local government but it shall not apply to an
election to fill a casual vacancy in an Assembly or a local government.
(2)
In case of an election to fill a
casual vacancy to an Assembly or a local government, no revision of or
correction in an electoral roll of an electoral area or inclusion or transfer
of a vote from the electoral roll of an electoral area to the electoral roll of
another electoral area shall be made nor shall any order under section 38 be
made in respect of any electoral roll at any time after the constituency of
which such electoral area forms part has been called upon to elect its
representative and before such representative has been elected.
(3)
The Commission shall, through
press release and its website, inform the general public about the cut-off date
for revision of or correction in an electoral roll of an electoral area or inclusion
or transfer of a vote from the electoral roll of an electoral area to the
electoral roll of another electoral area.
40.
Power of the Commission to modify electoral roll.—(1) Subject to
section 39, the Commission may, at any time,
order—
(a)
the inclusion in an electoral roll
of the name of any person entitled to be enrolled on such electoral roll, and
such name shall, from the date of such order, form part of the electoral roll;
(b)
the exclusion from an electoral
roll of the name of any person who has died or has become disqualified to be a
voter, and such name shall, from the date of such order, stand excluded from
that roll; and
(c)
the removal of the name of any
person from an electoral roll where such removal becomes necessary due to the
repetition of the name in the same electoral roll or in the electoral rolls of
more than one electoral area.
1458 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(2) Before
taking decision under clause (b) or clause (c) of sub-section (1), the
Commission shall afford a reasonable opportunity of being heard to the person
likely to be affected and shall record reasons for its decision.
41.
Maintenance of electoral rolls.—(1) An electoral roll as revised
and corrected shall be maintained by the Registration Officer in the prescribed
manner and shall be kept open to public inspection; and any person, on payment
of prescribed fee, may obtain copies of the electoral roll.
(2) A candidate
or an election agent may obtain a hard and searchable soft copy of the final
electoral roll with photographs of the voters in accordance with section 79.
42.
Duration of the electoral rolls.—The electoral roll for any
electoral area prepared under this Act shall come into force immediately upon
its final publication and shall remain in force until revised.
43.
Information regarding deaths.—On the direction of the Commission,
the person in charge of any register of births and deaths in a local government
or other authority shall submit relevant information regarding deceased persons
from that register on prescribed form to the Registration Officer concerned on quarterly basis, who
shall make necessary corrections in the electoral rolls accordingly.
44.
Sharing of information with National Database and Registration
Authority.—The Registration Officer shall, through the Commission,
communicate to the National Database and Registration Authority any change of
address of the voter as a result of transfer of his vote under section 34,
section 37 or section 40 and any information received under section 43 for
necessary entries in the record of the National Database and Registration
Authority.
45.
Enrolment only once.—A person shall not be enrolled—
(a)
on the electoral roll for any
electoral area more than once; or
(b)
on the electoral rolls for more
than one electoral area.
46.
Validity of electoral rolls not affected by any mistake.—An
electoral roll shall not be invalid by reason of any mis-description of a
person enrolled thereon or of omission of the name of any person entitled to be
so enrolled or of inclusion of the name of any person not so entitled.
47.
Special measures for enrolment of women voters.—(1) The Commission
shall annually publish disaggregated data of registered men and
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1459
women voters in each National
Assembly and Provincial Assembly constituency highlighting the difference in
number of registered men and women voters.
(2)
Where the variation in the
disaggregated data under sub-section (1) is more than ten percent in a constituency,
the Commission shall take special measures to reduce such variation.
(3)
The measures referred to in
sub-section (2) shall include action to expedite the issuance of National
Identity Cards for women of such constituency by National Database and
Registration Authority and for their enrolment as voters in the relevant
electoral rolls by the Commission.
48.
Enrolment of non-Muslims etc.—(1) The Commission shall take special
measures for registration of non-Muslims, persons with disabilities and transgender
citizens in the electoral rolls as voters.
(2)
The measures under sub-section (1)
shall include coordinated action with the National Database and Registration
Authority to expedite the issuance of National Identity Cards for non-Muslims,
persons with disabilities and transgender citizens.
(3)
No activity undertaken in
connection with an election by the Commission or National Database and
Registration Authority, as the case may be, shall be delayed, postponed or
otherwise affected in any manner whatsoever merely on the ground of any measure
being taken under this section or section 47.
49. Departure from normal
procedure in exceptional circumstances.—
(1)
Where the Commission is satisfied
that it is not possible to follow the procedure laid down for the preparation or
revision of an electoral roll in respect of any electoral area, the Commission
may, after recording the exceptional circumstances necessitating deviation from
the laid down procedure, direct that an electoral roll for such electoral area
shall be prepared in such manner as it deems fit.
(2)
The Commission shall immediately
publish the direction issued under sub-section (1) on its website.
CHAPTER
V
CONDUCT OF ELECTIONS TO THE ASSEMBLIES
50.
Appointment of District Returning Officer.—(1) For election to an
Assembly, the Commission shall, in the prescribed manner, appoint a District
Returning Officer for each district or a specified area—
1460 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(a)
from amongst its own officers
subject to availability;
(b)
by selection from a list of
officers provided by the Government or a Provincial Government; or
(c)
from the subordinate judiciary in
consultation with the Chief Justice of the concerned High Court.
(2) Subject to
the superintendence, directions and control of the Commission, the District
Returning Officer shall coordinate and supervise all work in the district in
connection with the conduct of an election and shall also perform such other
duties and functions as may be assigned by the Commission.
51.
Appointment of Returning Officer and Assistant Returning Officers.—(1)
The Commission shall, in the prescribed manner, appoint, from amongst its own
officers or officers of any Government or corporations, autonomous or
semi-autonomous bodies controlled by any Government, or from the subordinate
judiciary in consultation with the Chief Justice of the concerned High Court, a
Returning Officer for each constituency.
(2)
A person shall not be appointed as
Returning Officer for more than one constituency, save in exceptional circumstances,
for reasons to be recorded.
(3)
The Commission may, in the
prescribed manner, appoint, from amongst its own officers or officers of any
Government, or corporations, autonomous or semi-autonomous bodies controlled by
any Government, as many Assistant Returning Officers as may be necessary.
52.
Dates of appointments.—The Commission shall make appointments under
sections 50 and 51 at least sixty days prior to the issuance of Election
Programme save for bye-elections or in exceptional circumstances for reasons to
be recorded, in which cases the Commission shall make the appointments
simultaneously with the issuance of the Election Programme.
53.
Presiding Officers and Polling Officers.—(1) A Returning Officer shall, in the prescribed manner,
appoint for each polling station a Presiding Officer and such number of
Assistant Presiding Officers and Polling Officers from amongst the officers of
any Government or corporations, autonomous or semi-autonomous bodies controlled
by any Government to assist the Presiding Officer as the Returning Officer may
consider necessary.
(2)
The Returning Officer shall not
appoint a person as a Presiding Officer, Assistant Presiding Officer or Polling
Officer who is or has, at any time, been in the employment of a candidate.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1461
(3)
The Returning Officer shall, at
least thirty days before the polling day, submit to the District Returning
Officer for approval a list of such Presiding Officers, Assistant Presiding
Officers and Polling Officers including reserved staff as may be determined by
the Commission, and no change in the list shall be made thereafter save in
exceptional circumstances, for reasons to be recorded, and with the approval of
the Commission.
(4)
In case of non-availability of any
member of polling staff, the Returning Officer shall appoint a substitute from
amongst the reserved staff as approved by the District Returning Officer.
54.
Duties of election officials.—(1) A Returning Officer shall do all
such acts and things as may be necessary for effective conduct of the poll in
accordance with the provisions of this Act, the Rules and directions of the
Commission.
(2)
An Assistant Returning Officer
shall assist the Returning Officer in the
performance of his functions under this Act and may, subject to any condition
imposed by the Commission and the control of the Returning Officer, exercise
the powers and perform the functions of the Returning Officer.
(3)
A Presiding Officer shall conduct
the poll in accordance with the provisions of this Act and the Rules and shall
be responsible for maintaining order at the polling station and shall report to
the Returning Officer any fact or incident which may affect the conduct or
fairness of the poll.
(4)
During the course of the poll, the
Presiding Officer may entrust any of his functions to an Assistant Presiding
Officer and the Assistant Presiding Officer shall perform the functions so
entrusted to him.
(5)
The Returning Officer shall
authorize one of the Assistant Presiding Officers to act in place of the
Presiding Officer if the Presiding Officer is, at any time during the poll, by
reason of illness or other cause, not present at the polling station, or is
unable to perform his functions.
(6)
The Returning Officer may, at any
time during the poll, for reasons to be recorded, suspend any Presiding
Officer, Assistant Presiding Officer or Polling Officer, and make such
alternate arrangements as he may consider necessary for the performance of the
functions of the officer so suspended, whose matter shall be referred to the
Commission for initiation of disciplinary proceedings.
55.
Disciplinary proceedings.—(1) An election official appointed or
deputed to perform duties in connection with an election shall be deemed to be
under the control, superintendence and discipline of the Commission for the
1462 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
period commencing on and from the
date of appointment or deputation till publication of the name of the returned
candidate in the official Gazette.
(2)
Notwithstanding anything to the
contrary contained in any other law, the Commission may initiate and finalize
disciplinary action and impose any penalty against any election official for
any act of misconduct provided in the Efficiency and Discipline Rules as
applicable to such election official or under any provision of misconduct under
this Act, and for this purpose, the Commission shall be deemed to be the
Competent Authority under the said Efficiency and Discipline Rules or this Act.
(3)
The Commission may, at any time,
for reasons to be recorded in writing, suspend or withdraw any election
official, a public servant or any other person in the service of Pakistan who—
(a)
obstructs, or prevents, or
attempts to obstruct or prevent, the conduct of a fair and impartial poll; or
(b)
interferes or attempts to
interfere with a voter when he casts his vote;
or
(c)
influences or attempts to
influence in any manner the polling staff or a voter; or
(d)
does any other act calculated to
influence the result of the election; or
(e)
disobeys any order, or avoids to
carry out any instruction issued by the Commission or any officer authorized to
issue any order or instruction or violates any provision of this Act.
(4)
The Commission may appoint an
officer to act as an Enquiry Officer or Authorized Officer to initiate and
finalize proceedings under the Efficiency and Discipline Rules applicable to
the election official concerned against whom action has been taken by the
Commission under sub-section (3) or other provision of this Act or by the
Returning Officer under sub-section (6) of section 54.
(5)
The Enquiry Officer or Authorized
Officer shall complete enquiry proceedings under the Efficiency and Discipline
Rules as applicable to the election official concerned or under this Act within
thirty days of the reference to him and shall submit the enquiry report to the
Commission within seven days of the completion of the enquiry.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1463
(6)
The Commission may impose any
penalty provided in the Efficiency and Discipline Rules as applicable to the
election official concerned or any penalty provided under this Act.
(7)
An election official aggrieved by
a final order passed by the Commission may, within thirty days of receipt of
the final order, file an appeal in the relevant Service Tribunal or other
judicial forum.
(8)
Where the Commission suspends or
withdraws any election official, it may appoint any other election official to
perform the duty of the election official suspended or withdrawn.
56.
Oath by election officials.—An election official shall, before the
commencement of his election duty, make an oath, in such form and manner as may
be prescribed, that he shall act strictly in accordance with the provisions of
this Act, Rules and directions of the Commission.
57.
Notification of Election Programme.—(1) The President shall
announce the date or dates of the general elections after consultation with the
Commission.
(2)
Within seven days of the
announcement under sub-section (1), the Commission shall, by notification in
the official Gazette and by publication on its website, call upon the voters of
the notified Assembly constituencies to elect
their representatives in accordance with an Election Programme, which
shall stipulate—
(a)
the last date for making
nominations, which shall be the sixth day after the date of publication of the
notification or, if that day is a public holiday, the next succeeding day which
is not a public holiday;
(b)
the last date for publication of
names of the nominated candidates, which shall be day following the last date
of filing of nomination papers;
(c)
the last date for the scrutiny of
nominations, which shall be the eighth day immediately following the last date
for making nominations or, if that day is a public holiday, the next succeeding
day which is not a public holiday;
(d)
the last date for filing of
appeals against acceptance or rejection of nominations, which shall be the
fourth day following the last date for the scrutiny of nominations or, if that
day is a public holiday, the next succeeding day which is not a public holiday;
1464 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(e)
the last date for decision of
appeals, which shall be the seventh day following the last date for filing of
appeals or, if that day is a public holiday, the next succeeding day which is
not a public holiday;
(f)
the last date for publication of
the revised list of candidates, which shall be the day following the last date
for decision of appeals;
(g)
the last date for the withdrawal
of candidature, which shall be the day following the last date of publication
of revised list of candidates or, if that day is a public holiday, the next
succeeding day which is not a public holiday;
(h)
the date for allocation of symbols
to contesting candidates and publication of list of contesting candidates,
which shall be the day following the last date for withdrawal of candidature
or, if that day is a public holiday, the next succeeding day which is not a
public holiday; and
(i)
the date or dates on which a poll
shall, if necessary, be taken, which or the first of which shall be a date not
earlier than the twenty- eighth day after the publication of the revised list
of candidates.
(3)
A Returning Officer shall, within
three days after the publication of a notification under sub-section (2), give
public notice of the dates specified by the Commission in respect of the
constituency or constituencies of which he is the Returning Officer; and shall
publish the public notice at some prominent place or places within the
constituency to which it relates.
(4)
A Returning Officer shall, by the
public notice given under sub- section (3), invite nominations specifying the
time by which and the place at which nomination papers shall be received by him.
58.
Alteration in Election Programme.—(1) Notwithstanding anything
contained in section 57, the Commission may, at any time after the issue of the notification under sub-section
(1) of that section, make such alterations in the Election Programme announced
in that notification for the different stages of the election or may issue a
fresh Election Programme as may, in its opinion to be recorded in writing, be
necessary for the purposes of this Act:
Provided that
the Commission shall inform the President about any alteration in the Election
Programme made under this sub-section.
(2) Save as
otherwise provided by law, if a candidate has already submitted his nomination
papers before the notification under sub-section (1), he
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1465
shall not be required to again
submit his nomination papers under the fresh Election Programme.
59.
Polling stations.—(1) Within one week after appointment of
Returning Officers, the Commission shall provide, in the prescribed format, a
list of proposed polling stations for each constituency to the Returning
Officer of that constituency indicating
the electoral areas assigned to each polling station and publish the list on
its website.
(2)
The Commission shall, as far as
practicable, retain the polling stations established for the preceding election
but it may add to or alter the list as may be required to reduce the distance
preferably to one kilometer between a polling station and the voters assigned
to it.
(3)
As far as practicable, not more
than twelve hundred voters shall be assigned to a polling station and not more
than three hundred voters shall be assigned to a polling booth, and reasons for
any deviation shall be recorded in writing.
(4)
Within fifteen days of the receipt
of the list of polling stations, the Returning
Officer—
(a)
shall personally verify the
proposed polling stations;
(b)
may add to or alter the list as he
may deem necessary; and
(c)
shall publish outside his office
the preliminary list of polling stations, inviting objections and suggestions,
if any, to be filed within twenty-one days of its publication.
(5)
A voter may file an objection or a
suggestion with the District Returning Officer, within the specified period,
only in connection with the polling station to which he has been assigned.
(6)
The District Returning Officer
may, after hearing the objections or considering the suggestions, if any filed
with him and making such summary enquiry as he may deem necessary, make
alterations in the list of polling stations as may be required and shall, at
least thirty days before the polling day, publish in the official Gazette and
on the website of the Commission the final list of polling stations of each
constituency in the district.
(7)
The Commission shall determine the
date or dates required for completion of the actions mentioned in this section.
1466 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(8)
The District Returning Officer
shall not make any change in the final list of polling stations published in
the official Gazette, save in very exceptional circumstances, for reasons to be
recorded, with the prior approval of the Commission and after notice to the candidates.
(9)
The Returning Officer shall
establish in each constituency polling stations according to the final list
published under sub-section (6).
(10)
A polling station shall be
situated in any Government building in the constituency and, where no
Government building is available, a polling station may be established in a
building owned by a private educational institution registered with the
concerned education authorities or an improvised polling station shall be set
up on a public property.
(11)
A polling station shall not be
located in any premises which belongs to or is under the direct or indirect
control of a candidate.
(12)
While finalizing the list of
polling stations of a constituency, if the District Returning Officer declares
a polling station as highly sensitive, the Commission may, in addition to
appropriate security measures as may be taken, install or direct any Government
to install a surveillance camera in each polling booth of such polling station
to record poll proceedings, counting of vote process and preparation of results
by the Presiding Officer.
60.
Nomination for election.—(1) Any voter of a constituency, may
propose or second the name of any qualified person to be a candidate for Member
for that constituency:
Provided that no
voter shall subscribe to more than one nomination papers either as proposer or
seconder.
(2)
Every nomination shall be made by
a separate nomination paper on Form A signed both by the proposer and the
seconder and shall, on solemn affirmation made and signed by the candidate, be
accompanied by—
(a)
a declaration that he has
consented to the nomination and that he fulfils the qualifications specified in
Article 62 and is not subject to any of the disqualifications specified in
Article 63 for being elected as a Member;
(b)
a declaration that he has opened
an exclusive account with a scheduled bank for the purpose of election expenses;
(c)
an attested copy of his National
Identity Card; and
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1467
(d)
a statement of his assets and
liabilities and of his spouse and dependent children as on the preceding
thirtieth day of June on Form B.
(3)
Every nomination paper shall be
delivered to the Returning Officer by the candidate or his proposer or seconder
or if so authorized in writing by the candidate, by his nominee and the
Returning Officer shall acknowledge receipt of the nomination paper specifying
the date and time of receipt.
Explanation.—Authorization in favour of
an advocate shall be attested by a Notary appointed under the Notaries
Ordinance 1961 (XIX of 1961) or an Oath Commissioner appointed under the Oaths
Act, 1873 (X of 1873) or any Government servant in basic pay scale 17 and
above.
(4)
A person may be nominated in the
same constituency by not more than five nomination papers.
(5)
The Returning Officer shall assign
a serial number to every nomination paper and endorse on the nomination paper
the name of the person presenting it, and the date and time of its receipt, and
inform such person of the time and place at which he shall hold scrutiny.
(6)
The Returning Officer shall cause
to be affixed at a conspicuous place in his office a notice of every nomination
paper received by him containing the particulars of the candidate as shown in
the nomination paper.
(7)
The Returning Officer shall—
(a)
make the nomination papers along
with annexures open to inspection by the public; and
(b)
issue certified copies of these
documents in such manner and on payment of such fee as may be prescribed.
61.
Deposits.—(1) Subject to sub-section (2), the Returning Officer
shall not accept a nomination paper unless a sum of thirty thousand rupees for
election to a seat in the National Assembly and twenty thousand rupees for
election to a seat in the Provincial Assembly is deposited by the candidate or
by any person on his behalf—
(a)
in cash with the Returning
Officer; or
(b)
through bank draft drawn in favour
of the Returning Officer; or
1468 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(c)
in cash in a specified account
with any branch of the National Bank of Pakistan, receipt of which should
be produced before the Returning Officer.
(2)
Not more than one deposit under
sub-section (1) shall be required in the case of a person who has been
nominated as a candidate by more than one nomination paper.
(3)
Subject to sub-sections (4) and
(5), after termination or conclusion of the election, a candidate may obtain
return of the deposit made under sub- section (1).
(4)
If a candidate, not being the
returned candidate, obtains less than one-fourth of the total votes polled in
the constituency, the sum deposited by him or on his behalf under sub-section
(1) shall stand forfeited in favour of the Government.
(5)
A deposit made under sub-section
(1) shall become non-refundable if application of its return is not submitted
within three months from the date of declaration of result of the election by
the Commission or, in case election is not held, from the date of termination
of the proceedings of an election.
62.
Scrutiny.—(1) Any voter of a constituency may file objections to
the candidature of a candidate of that constituency who has been nominated or
whose name has been included in the party list submitted by a political party
for election to an Assembly before the Returning Officer within the period
specified by the Commission for the scrutiny of nomination papers of candidates
contesting election to an Assembly.
(2)
The candidates, their election
agents, the proposers and seconders and one other person authorized in this
behalf by each candidate, and a voter who has filed an objection under
sub-section (1), may attend the scrutiny of nomination papers, and the
Returning Officer shall give them reasonable opportunity for examining all the
nomination papers delivered to him under section 60.
(3)
A voter who has filed an objection
to the candidature of a candidate shall only attend the scrutiny of the
nomination paper of that candidate.
(4)
The Returning Officer shall, in
the presence of the persons attending the scrutiny, examine the nomination
papers and decide any objection raised by any such person to any candidature.
(5)
The Returning Officer may, for the
purpose of scrutiny, require any, authority or organization, including a financial institution, to produce any
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1469
document or record or to furnish
any information as may be necessary to determine facts relating to an objection
to the candidature of a candidate.
(6)
The Returning Officer shall not
enquire into the correctness or validity of any entry in the electoral roll.
(7)
The Returning Officer while
scrutinizing nomination paper of a candidate, shall not ask any question which—
(a)
has no nexus with the information
supplied in the nomination paper; or
(b)
has not arisen from the objections
raised by any person or from information received by him under this section.
(8)
The declaration submitted under
sub-section (2) of section 60 shall only be questioned by the Returning Officer
if there is tangible material to the contrary available on record.
(9)
Subject to this section, the
Returning Officer may, on either of his own motion or upon an objection,
conduct a summary enquiry and may reject a nomination paper if he is satisfied that—
(a)
the candidate is not qualified to
be elected as a Member;
(b)
the proposer or the seconder is
not qualified to subscribe to the nomination
paper;
(c)
any provision of section 60 or
section 61 has not been complied with or the candidate has submitted a
declaration or statement which is false or incorrect in any material
particular; or
(d)
the signature of the proposer or
the seconder is not genuine:
Provided that—
(i)
the rejection of a nomination
paper shall not invalidate the nomination of a candidate by any other valid
nomination paper; or
(ii)
the Returning Officer shall not
reject a nomination paper on the ground of any defect which is not of a
substantial nature and may allow any such defect to be remedied forthwith,
including an error in regard to the name, serial number in the electoral roll
or other particulars of the candidate or his
1470 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
proposer or seconder so as to
bring them in conformity with the corresponding entries in the electoral roll.
(10)
Notwithstanding anything contained
in sub-section (9), where a candidate deposits any amount of loan, tax or
government dues and utility expenses payable by him of which he is unaware at
the time of filing of his nomination paper, such nomination paper shall not be
rejected on the ground of default in payment of such loan, taxes or government
dues and utility expenses.
(11)
The Returning Officer shall
endorse on each nomination paper his decision accepting or rejecting it and
shall, in the case of rejection or objection to acceptance, record brief
reasons for his decision.
63.
Appeal against scrutiny order.—(1) A candidate or the objector may,
within the time specified by the Commission, file an appeal against the
decision of the Returning Officer rejecting or accepting a nomination paper to
an Appellate Tribunal constituted for the constituency consisting of a person who is a Judge of a High Court
appointed by the Commission in consultation with the Chief Justice of the High
Court concerned:
Provided that
where the number of appeals so necessitate, the Commission may appoint a person
as Tribunal who has been a judge of a High Court in consultation with the Chief
Justice of the High Court concerned.
(2)
An Appellate Tribunal shall
summarily decide an appeal filed under sub-section (1) within such time as may
be notified by the Commission and any order passed on the appeal shall be final.
(3)
If the Appellate Tribunal is not
able to decide the appeal within the time fixed by the Commission under
sub-section (2), the appeal shall abate and decision of the Returning Officer
shall be final.
(4)
If, on the basis of information or
material coming to its knowledge by any source, an Appellate Tribunal is of the
opinion that a candidate whose nomination paper has been accepted is a
defaulter of loans, taxes, government dues and utility expenses or has had any
loan written off or has willfully concealed such fact or suffers from any other
disqualification from being elected as a Member of an Assembly, it may, on its
own motion, call upon such candidate to show cause why his nomination papers
may not be rejected, and if the
Appellate Tribunal is satisfied that the candidate is actually a defaulter or
has had a loan written off or suffers from any disqualification, it may reject
the nomination paper.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1471
64.
Publication of list of candidates.—(1) The Returning Officer shall,
after the scrutiny of nomination papers, prepare and display in the prescribed
manner a list of validly nominated candidates.
(2)
In case an appeal against the
decision of the Returning Officer is accepted by the Appellate Tribunal, the
Returning Officer shall revise the list of validly nominated candidates accordingly.
(3)
The Returning Officer shall, on
the second day following the last date for decision of appeals by the Appellate
Tribunal, prepare and display in the prescribed manner the revised list of
validly nominated candidates.
65.
Withdrawal.—(1) A validly nominated candidate may, by notice in
writing signed by him and delivered to the Returning Officer on or before the
withdrawal date either by the candidate himself or by an advocate authorized in
writing by the candidate, withdraw his candidature.
Explanation.—Authorization in favour of
an advocate shall be attested by a Notary appointed under the Notaries
Ordinance 1961 (XIX of 1961) or an Oath Commissioner appointed under the Oaths
Act, 1873 (X of 1873) or a Government servant in basic pay scale 17 and above.
(2)
A notice of withdrawal under
sub-section (1) shall, in no circumstances, be open to recall or cancellation.
(3)
On receiving a notice of
withdrawal under sub-section (1), the Returning Officer shall, if he is
satisfied that the signature on the notice is that of the candidate, cause a
copy of the notice to be affixed at a conspicuous place in his office.
66.
Candidate to file certificate of party affiliation.—A contesting
candidate, before seeking allotment of a prescribed symbol, shall file a
declaration before the Returning Officer about his affiliation with a
particular political party, if any, along with a certificate from the political
party showing that he is that party‘s candidate from the constituency.
67.
Contested election and allotment of symbols.—(1) If after
withdrawal, if any, there are more than one contesting candidates in the
constituency, the Returning Officer shall allot, subject to any direction of
the Commission, one of the prescribed symbols to each contesting candidate.
(2)
A candidate nominated by a
political party at an election in any constituency shall be allotted the symbol
allocated by the Commission to that political party under the provisions of
Chapter XII and no other symbol.
1472 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(3)
A candidate not nominated by any
political party (hereinafter called as ―independent candidate”) shall choose and shall be allotted one of the symbols not allocated to any political
party, in the following manner—
(a)
where a symbol has been chosen by
only one independent candidate, that symbol shall be allotted to that candidate
and to no one else;
(b)
if a symbol is chosen by more than
one independent candidates and one of them has previously been a Member of the
National Assembly or a Provincial Assembly, such symbol shall be allotted to
that former Member; and
(c)
if more than one independent
candidates have given preference for the same symbol, that symbol shall be
allotted by drawing of lots.
(4)
No symbol shall be allotted to any
candidate other than the prescribed symbols.
(5)
In every constituency where
election is contested, different symbol shall be allotted to each contesting candidate.
68.
List of contesting candidates.—(1) The Returning Officer, after
allotment of symbols to contesting candidates, under section 67 shall—
(a)
publish the names of the
contesting candidates arranged in Urdu alphabetical order specifying against
each the symbol allotted to him; and
(b)
give public notice of the day and
hours of the poll.
(2) The
Returning Officer shall supply a copy of list of contesting candidates to each
candidate and shall exhibit the list at a prominent place in each polling
station on the day of poll.
69.
One day poll.—(1) The Commission shall hold polls for a general election
for an Assembly on the same day and may simultaneously hold the polls for
National Assembly seats and the Provincial Assembly seats.
(2) If the
Commission is satisfied that polls cannot take place in a constituency on
account of a natural calamity or for any other reason beyond its control, the
Commission may fix another day for holding the poll in that constituency.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1473
70.
Hours of the poll.—The Commission shall fix the hours, which shall
not be less than eight, during which the poll shall be held and the Returning
Officer shall give public notice of the hours so fixed and hold the poll
according to the hours fixed by the Commission:
Provided that
the Commission may extend polling hours already fixed at one or more polling
stations in exceptional circumstances to be recorded in writing but such
decision shall be taken at least three hours before the close of the poll
enabling the Returning Officer to convey the decision of the Commission to all
Presiding Officers under his jurisdiction well before the time already fixed
for close of the poll.
71.
Printing of ballot papers.—(1) The Commission shall, pursuant to
the finalization of the list of the polling stations, determine the
constituency-wise requirement of ballot papers based on the formula that the
number of ballot papers per polling station shall be rounded off to the next hundred.
Explanation.—―Rounding off to the next hundred”
means that if the total strength
of voters at a polling station is 1201 to 1299
the requirement of ballot papers for that polling station would be 1300.
(2)
The Commission shall ensure that
the total requirement of ballot papers for the general elections are printed by
the printing presses of the Printing Corporation of Pakistan or such other
press which is owned and operated by any authority under the control of the
Federal or a Provincial Government as may be notified by the Commission for the purpose.
(3)
The Commission shall ensure that
adequate arrangements are made for the security of the presses during the
printing of the ballot papers and for the safe custody of the printed ballot
papers till delivery to the Returning Officer.
(4)
The Commission shall use special
water-marked paper for printing of ballot papers.
72.
Retirement from election.—(1) A contesting candidate may retire
from the election by notice in writing signed by him and delivered to the
Returning Officer on any day not later than four days before the polling day by
the candidate himself or by an advocate authorized in writing by the candidate.
Explanation.—Authorization in favour of
an advocate shall be attested by a Notary appointed under the Notaries
Ordinance, 1961 (XIX of 1961) or an Oath Commissioner appointed under the Oaths
Act, 1873 (X of 1873) or a Government servant in basic pay scale 17 and above.
1474 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(2)
If a contesting candidate retires
from the election under sub-section (1), he shall not be allowed to subsequently
cancel the retirement.
(3)
On receiving a notice of
retirement under sub-section (1), the Returning Officer shall, if he is
satisfied that the signature on the notice is that of the candidate, cause a
copy of the notice to be affixed at a conspicuous place in his office.
(4)
A person in respect of whom a
notice of retirement has been published under sub-section (3) shall be deemed
to have withdrawn his candidature under section 65.
73.
Death of a candidate after nomination.—(1) If a contesting
candidate dies before commencement of the poll or during the polling hours, the
Returning Officer shall, by public notice, terminate the proceedings relating
to that election.
(2) Where the
proceedings relating to an election have been terminated under sub-section (1),
fresh proceedings shall be commenced in accordance with the provisions of this
Act, as if for a new election but it shall not be necessary for the other
contesting candidates to file fresh nomination papers or make a further deposit
under section 61.
74.
Postponement under certain circumstances.—(1) Where the proceedings
relating to nomination, scrutiny or withdrawal cannot, for reasons beyond the
control of the Returning Officer, to be recorded in writing, take place on the
day appointed for the proceedings, he may postpone such proceedings.
(2) When the
proceedings are postponed by the
Returning Officer under sub-section (1), he shall inform the
Commission of his having done so and the Commission shall, by notification in
the official Gazette, fix another day for the proceedings so postponed and, if
necessary, the day or days for any subsequent proceedings.
75.
Uncontested election.—(1) Where, after scrutiny of nomination
papers, there remains only one validly nominated candidate or where, after
withdrawal under section 65 or retirement under section 72, there remains only
one contesting candidate, the Returning Officer shall, by public notice,
declare such candidate to be elected to the seat:
Provided that if
after scrutiny any candidate indicates that he intends to file an appeal under
section 63 against the rejection of his nomination paper, no person shall be
declared elected until the period appointed for filing such appeal has expired
and no such appeal has been filed or, where an appeal is filed, until the disposal
of the appeal.
PART I] THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 1475
(2)
The Returning Officer shall submit
to the Commission a return of the result of the election in respect of which he
has made a declaration under sub- section (1).
(3)
The Commission shall, after such
summary enquiry as it may deem necessary in any case, publish in the official
Gazette the name of the candidate declared elected under sub-section (2).
76.
Election agent.—(1) A candidate may appoint a voter in the
constituency as his election agent and shall send to the Returning Officer a
notice in writing of the appointment containing the name, father's name and
address of the election agent.
(2)
The appointment of an election
agent may, at any time be revoked in writing by the candidate and, when it is
so revoked or if the election agent dies, the candidate may appoint another
person as his election agent.
(3)
Where a candidate has not
appointed an election agent, the candidate shall be deemed to be his own
election agent and shall, so far as the circumstances permit, be subject to the
provisions of this Act both as a candidate and as an election agent.
77.
Polling agent.—(1) The contesting candidate or his election agent
may, before the commencement of or during the poll, appoint for each polling
station as many polling agents as may be prescribed and shall give notice in
writing to the Presiding Officer communicating the appointment.
(2) The
appointment of a polling agent under sub-section (1)
may at any time be revoked by the
candidate or his election agent and, when it is so revoked or if the polling
agent dies, another person may be appointed by the candidate or his election
agent as a polling agent and a notice of such appointment shall be given to the
Presiding Officer.
78.
Supply of ballot boxes.—(1) The Returning Officer shall provide
each Presiding Officer with such number of ballot boxes as may be necessary.
(2)
The Commission shall approve the
material and design of the ballot
boxes.
(3)
Not more than one ballot box shall
be used at a time for the purpose of the poll at any polling station, or where
there are more than one polling booths at a polling station, at any polling booth.
(4)
Before the time fixed for the
commencement of the poll, the Presiding Officer shall—
1476 THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 2, 2017 [PART I
(a)
ensure that every ballot box to be
used is empty;
(b)
show the empty ballot box to the
contesting candidates and their election agents or polling agents whoever may
be present, and record their statements in this behalf in the prescribed form
and obtain their signatures on the form;
(c)
after the ballot box has been
shown to be empty, close and seal it with his own seal and with the seal of
such of the candidates, or their election agents or polling agents as may be
present and may desire to put their own seals on it; and
(d)
place the ballot box so as to be
conveniently accessible to the voters, and at the same time within his view and
within the view of such candidates or their election agents or polling agents
as may be present.
