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Part VIII: Elections

Chapter 1: Chief Election Commissioner and Elections  610[Commission] 610

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  611[] 611.
 
 613[
(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.
 
] 613 614[
(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  615[:] 615
 616[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:] 616
 
(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:  617[] 617
 618[Provided  619[] 619 that the total strength of the Parliamentary Committee shall be twelve members out of which one-third shall be from the Senate. ] 618
Provided  620[further] 620 that when the National Assembly is dissolved and a vacancy occurs in the office of the Chief Election Commissioner, the  621[total membership of the Parliamentary Committe shall consist of] 621 the members from the Senate only and the foregoing provisions of this clause shall, mutatis mutandis, apply.
 
] 614
(3) The Commissioner  622[or a member] 622shall have such powers and functions as are conferred on him by the Constitution and law.
 
 
214  623[] 623Oath of Office.
Before entering upon office, the Commissioner shall make before the Chief Justice of Pakistan  624[, and a member of the Election Commission shall make before the Commissioner,] 624 oath in the form set out in the Third Schedule.
 
215 Term of office of Commissioner  625[and members] 625
(1) The Commissioner  626[and a member] 626 shall, subject to this Article, hold office for a term of  627[three] 627 years from the day he enters upon his office:
 628[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  633[also] 633 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. ] 628
 
(2) The Commissioner  634[or a member] 634 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  635[or, as the case may be, a member] 635 .
 
(3) The Commissioner  636[or a member] 636 may, by writing under his hand addressed to the President, resign his office.
 
 637[
(4) Vacancy in the office of the Commissioner or a member shall be filled within forty-five days.
 
] 637
 
216 Commissioner  638[and members] 638 not to hold office of profit.
(1) The Commissioner  639[or a member] 639 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  640[or a member] 640 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  641[.] 641 642[] 642
 
 
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,
 645[the most senior member in age of the members of the Commission] 645 shall Act as Commissioner.
 
218 Election Commission.
 646[
(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.
 
] 646 648[
(2) The Election Commission shall consist of-
(a) The Commissioner who shall be the Chairman of the Commission; and
 649[
(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.
] 649
 
] 648
(3) It shall be the duty of the Election Commission  652[] 652 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  653[Commission] 653.
The  654[Commission] 654 shall be charged with the duty of:-  655[
(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;
] 655
(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 656[;] 656
 657[
(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) 658[:] 658
] 657
 659[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.] 659
 
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  660[staff] 660.
Until  661[Majlis-e-Shoora (Parliament)] 661 by law otherwise provides, the  662[Election Commission] 662 may, with the approval of the President, make rules providing for the appointment by the Commissioner of officers and  663[staff] 663 to be employed in connection with the functions of the  664[] 664 665[Commissioner] 665 and for their terms and conditions of employment.
 

Notes

610   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 2 (with effect from June 8, 2016) for "Commissions".
611   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 77(i) (with effect from April 19, 2010) : " 612[in his discretion.] 612".
612   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).
613   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.
 
614   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 77(ii) (with effect from April 19, 2010).
615   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(ii) (with effect from June 8, 2016) for ".".
616   Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(ii) (with effect from June 8, 2016).
617   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:
618   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:
619   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".
620   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(iii)(c) (with effect from June 8, 2016) for "also".
621   Substituted by Constitution (Ninetenth Amendment) Act, 2010, Section 6(ii) (with effect from January 1, 2011) for "Parliamentary Committee shall comprise".
622   Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(iv) (with effect from June 8, 2016).
623   The following was omitted by Constitution (Twentieth Amendment) Act, 2012, Section 3(a) (with effect from February 28, 2012) : "Commissioner's".
624   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 3(b) (with effect from February 28, 2012).
625   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(a) (with effect from February 28, 2012).
626   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(b)(i) (with effect from February 28, 2012).
627   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 78(i) (with effect from April 19, 2010) for "five".
628   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 5(i) (with effect from June 8, 2016) for :
 629[Provided that the aforesaid amendment shall be effective after the expiry of current tenure of the present incumbent  630[Commissioner] 630.] 629
 631[] 631
629   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 78(i) (with effect from April 19, 2010).
630   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(b)(ii) (with effect from February 28, 2012).
631   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.
632   Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 22(A) (with effect from October 21, 2024).
633   Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 22(B) (with effect from October 21, 2024) for "further".
634   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(c)(i) (with effect from February 28, 2012).
635   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(c)(ii) (with effect from February 28, 2012).
636   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 4(d) (with effect from February 28, 2012).
637   Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 5(ii) (with effect from June 8, 2016).
638   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 5(a) (with effect from February 28, 2012).
639   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 5(b) (with effect from February 28, 2012).
640   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 5(c) (with effect from February 28, 2012).
641   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 6 (with effect from June 8, 2016) for ":".
642   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 643[.] 643
 644[] 644
643   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 79(i) (with effect from April 19, 2010).
644   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.
645   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".
646   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 80(i) (with effect from April 19, 2010) for :
 647[
(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.
 
] 647
647   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.
 
648   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)  650[four] 650 members each of whom shall be a Judge of a High Court  651[from each Province] 651appointed by the President after consultation with the Chief Justice of the High Court concerned and with the Commissioner.
 
649   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.
650   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".
651   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).
652   The following was omitted by Constitution (Twentieth Amendment) Act, 2012, Section 6 (with effect from February 28, 2012) : "constituted in relation to an election".
653   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 9(i) (with effect from June 8, 2016) for "Commissioner".
654   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 81(i) (with effect from April 19, 2010) for "Commissioner".
655   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,
656   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 81(ii) (with effect from April 19, 2010) for ".".
657   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 81(ii) (with effect from April 19, 2010).
658   Substituted by Constitution (Twentieth Amendment) Act, 2012, Section 7 (with effect from February 28, 2012) for ".".
659   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 7 (with effect from February 28, 2012).
660   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(i) (with effect from June 8, 2016) for "servants".
661   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".
662   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 82 (with effect from April 19, 2010).
663   Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(ii) (with effect from June 8, 2016) for "servants".
664   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 82 (with effect from April 19, 2010) : "Commissioner or an".
665   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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