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Part VIII: Elections

Chapter 1: Chief Election Commissioner and Elections  547[Commission] 547

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  548[] 548.
 
 550[
(2) No person shall be appointed Commissioner unless he has been a judge of the Supreme Court or has been a senior civil servant or is a technocrat and is not more than sixty-eight years of age.
Explanation 1.- "senior civil servant" means a civil servant who has served for at least twenty years under Federal or a Provincial Government and has retired in BPS-22 or above.
Explanation 2.- "technocrat" means a person who is the holder of a degree requiring conclusion of at least sixteen years of education, recognized by the Higher Education Commission and has at least twenty years of experience, including a record of achievements at the national or international level.
 
] 550 551[
(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  552[:] 552
 553[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:] 553
 
(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:  554[] 554
 555[Provided  556[] 556 that the total strength of the Parliamentary Committee shall be twelve members out of which one-third shall be from the Senate. ] 555
Provided  557[further] 557 that when the National Assembly is dissolved and a vacancy occurs in the office of the Chief Election Commissioner, the  558[total membership of the Parliamentary Committe shall consist of] 558 the members from the Senate only and the foregoing provisions of this clause shall, mutatis mutandis, apply.
 
] 551
(3) The Commissioner  559[or a member] 559shall have such powers and functions as are conferred on him by the Constitution and law.
 
 
214  560[] 560Oath of Office.
Before entering upon office, the Commissioner shall make before the Chief Justice of Pakistan  561[, and a member of the Election Commission shall make before the Commissioner,] 561 oath in the form set out in the Third Schedule.
 
215 Term of office of Commissioner  562[and members] 562
(1) The Commissioner  563[and a member] 563 shall, subject to this Article, hold office for a term of  564[three] 564 years from the day he enters upon his office:
 565[Provided that two of the members shall retire after the expiration of first two and a half years and two shall retire after the expiration of the next two and a half years:
Provided further that the Commission shall for the first term of office of members draw a lot as to which two members shall retire after the first two and a half years:
Provided also that the term of office of a member appointed to fill a casual vacancy shall be the un-expired term of office of the member whose vacancy he has filled. ] 565
 
(2) The Commissioner  569[or a member] 569 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  570[or, as the case may be, a member] 570 .
 
(3) The Commissioner  571[or a member] 571 may, by writing under his hand addressed to the President, resign his office.
 
 572[
(4) Vacancy in the office of the Commissioner or a member shall be filled within forty-five days.
 
] 572
 
216 Commissioner  573[and members] 573 not to hold office of profit.
(1) The Commissioner  574[or a member] 574 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  575[or a member] 575 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  576[.] 576 577[] 577
 
 
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,
 580[the most senior member in age of the members of the Commission] 580 shall Act as Commissioner.
 
218 Election Commission.
 581[
(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.
 
] 581 583[
(2) The Election Commission shall consist of-
(a) The Commissioner who shall be the Chairman of the Commission; and
 584[
(b) four members, one from each Province, each of whom shall be a person who has been a judge of a High Court or has been a senior civil servant or is a technocrat and is not more than sixty-five years of age, to be appointed by the President in the manner provided for appointment of the Commissioner in clauses (2A) and (2B) or Article 213.
Explanation.- "senior civil servant" and "technocrat" shall have the same meaning as given in clause (2) or Article 213.
] 584
 
] 583
(3) It shall be the duty of the Election Commission  587[] 587 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  588[Commission] 588.
The  589[Commission] 589 shall be charged with the duty of:-  590[
(a) preparing electoral rolls for election to the National Assembly, Provincial Assemblies and local governments, and revising such rolls periodically to keep them up-to-date;
] 590
(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 591[;] 591
 592[
(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) 593[:] 593
] 592
 594[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.] 594
 
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  595[staff] 595.
Until  596[Majlis-e-Shoora (Parliament)] 596 by law otherwise provides, the  597[Election Commission] 597 may, with the approval of the President, make rules providing for the appointment by the Commissioner of officers and  598[staff] 598 to be employed in connection with the functions of the  599[] 599 600[Commissioner] 600 and for their terms and conditions of employment.
 

Notes

547   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 2 (with effect from June 8, 2016) for "Commissions".
548   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 77(i) (with effect from April 19, 2010) : " 549[in his discretion.] 549".
549   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).
550   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(i) (with effect from June 8, 2016) for :
(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.
 
551   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 77(ii) (with effect from April 19, 2010).
552   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(ii) (with effect from June 8, 2016) for ".".
553   Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(ii) (with effect from June 8, 2016).
554   The following was omitted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(iii)(a) (with effect from June 8, 2016) : :
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:
555   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:
556   The following was omitted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(iii)(b) (with effect from June 8, 2016) : "further".
557   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(iii)(c) (with effect from June 8, 2016) for "also".
558   Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 6(ii) (with effect from January 1, 2011) for "Parliamentary Committee shall comprise".
559   Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(iv) (with effect from June 8, 2016).
560   The following was omitted by Constitution (Twentieth Amendment) Act, 2012, Section 3(a) (with effect from February 28, 2012) : "Commissioner's".
561   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 3(b) (with effect from February 28, 2012).
562   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(a) (with effect from February 28, 2012).
563   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(b)(i) (with effect from February 28, 2012).
564   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 78(i) (with effect from April 19, 2010) for "five".
565   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 5(i) (with effect from June 8, 2016) for :
 566[Provided that the aforesaid amendment shall be effective after the expiry of current tenure of the present incumbent  567[Commissioner] 567.] 566
 568[] 568
566   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 78(i) (with effect from April 19, 2010).
567   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(b)(ii) (with effect from February 28, 2012).
568   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.
569   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(c)(i) (with effect from February 28, 2012).
570   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(c)(ii) (with effect from February 28, 2012).
571   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(d) (with effect from February 28, 2012).
572   Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 5(ii) (with effect from June 8, 2016).
573   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 5(a) (with effect from February 28, 2012).
574   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 5(b) (with effect from February 28, 2012).
575   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 5(c) (with effect from February 28, 2012).
576   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 6 (with effect from June 8, 2016) for ":".
577   The following was omitted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 6 (with effect from June 8, 2016) : :
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 578[.] 578
 579[] 579
578   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 79(i) (with effect from April 19, 2010).
579   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.
580   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 7 (with effect from June 8, 2016) for "a Judge of the Supreme Court nominated by the Chief Justice of Pakistan".
581   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 80(i) (with effect from April 19, 2010) for :
 582[
(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.
 
] 582
582   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.
 
583   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)  585[four] 585 members each of whom shall be a Judge of a High Court  586[from each Province] 586appointed by the President after consultation with the Chief Justice of the High Court concerned and with the Commissioner.
 
584   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 8 (with effect from June 8, 2016) for :
(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.
585   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".
586   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).
587   The following was omitted by Constitution (Twentieth Amendment) Act, 2012, Section 6 (with effect from February 28, 2012) : "constituted in relation to an election".
588   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 9(i) (with effect from June 8, 2016) for "Commissioner".
589   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 81(i) (with effect from April 19, 2010) for "Commissioner".
590   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 9(ii) (with effect from June 8, 2016) for :
(a) preparing electoral rolls for election to the National Assembly and the Provincial Assemblies, and revising such rolls annually,
591   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 81(ii) (with effect from April 19, 2010) for ".".
592   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 81(ii) (with effect from April 19, 2010).
593   Substituted by Constitution (Twentieth Amendment) Act, 2012, Section 7 (with effect from February 28, 2012) for ".".
594   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 7 (with effect from February 28, 2012).
595   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(i) (with effect from June 8, 2016) for "servants".
596   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".
597   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 82 (with effect from April 19, 2010).
598   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(ii) (with effect from June 8, 2016) for "servants".
599   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 82 (with effect from April 19, 2010) : "Commissioner or an".
600   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(ii) (with effect from June 8, 2016) for "Election Commission".

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