213
| Chief Election Commissioner.
(1)
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There shall be a Chief Election Commissioner (in
this Part referred to as the Commissioner), who shall be
appointed by the President 564[] 564.
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566[
(2)
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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.
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] 566 567[
(2A)
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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 568[:] 568
569[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:] 569
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(2B)
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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:
570[] 570
571[Provided 572[] 572
that the total strength of the Parliamentary Committee shall be twelve members out of which one-third shall be from the Senate.
] 571
Provided 573[further] 573 that when the National Assembly is dissolved and a vacancy occurs in the office of the Chief Election Commissioner, the 574[total membership of the Parliamentary Committe shall consist of] 574 the members from the Senate only and the foregoing provisions of this clause shall, mutatis mutandis, apply.
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] 567
(3)
|
The Commissioner 575[or a member] 575shall have such powers and functions
as are conferred on him by the Constitution and law.
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214
| 576[] 576Oath of Office. Before entering upon office, the Commissioner shall make
before the Chief Justice of Pakistan 577[, and a member of the Election Commission shall make before the Commissioner,] 577 oath in the form set out in the
Third Schedule. |
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215
| Term of office of Commissioner 578[and members] 578
(1)
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The Commissioner 579[and a member] 579 shall, subject to this Article,
hold office for a term of 580[three] 580 years from the day he enters
upon his office:
581[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.
] 581
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(2)
|
The Commissioner 585[or a member] 585 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 586[or, as the case may be, a member] 586 .
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(3)
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The Commissioner 587[or a member] 587 may, by writing under his hand
addressed to the President, resign his office.
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588[
(4)
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Vacancy in the office of the Commissioner or a member shall be filled within forty-five days. |
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] 588 |
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216
| Commissioner 589[and members] 589 not to hold office of profit.
(1)
|
The Commissioner 590[or a member] 590 shall not,
(a)
|
hold any other office of profit in the
service of Pakistan; or
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(b)
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occupy any other position carrying the
right to remuneration for the rendering of services.
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(2)
|
A person who has held office as Commissioner 591[or a member] 591 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
592[.] 592 593[] 593
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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,
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596[the most senior member in age of the members of the
Commission] 596
shall Act as Commissioner. |
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218
| Election Commission. 597[
(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.
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|
] 597 599[
(2)
|
The Election Commission shall consist of-
(a)
|
The Commissioner who shall be the Chairman of the Commission; and |
600[
(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.
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] 600
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] 599
(3)
|
It shall be the duty of the Election Commission
603[] 603 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.
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219
| Duties of 604[Commission] 604. The 605[Commission] 605 shall be charged with the duty of:-
606[
(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;
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] 606
(b)
|
organizing and conducting election to the
Senate or to fill casual vacancies in a House or a Provincial
Assembly; and
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(c)
|
appointing Election Tribunals 607[;] 607 |
608[
(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) 609[:] 609 |
] 608
610[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.] 610
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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. |
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221
| Officers and 611[staff] 611. Until 612[Majlis-e-Shoora (Parliament)] 612 by law otherwise provides, the 613[Election Commission] 613 may, with
the approval of the President, make rules providing for the
appointment by the Commissioner of officers and
614[staff] 614 to be
employed in connection with the functions of the 615[] 615 616[Commissioner] 616
and for their terms and conditions of
employment. |
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563
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 2
(with effect from
June 8, 2016) for "Commissions".
566
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.
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568
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(ii)
(with effect from
June 8, 2016) for ".".
569
Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(ii)
(with effect from
June 8, 2016).
570
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:
571
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:
572
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".
573
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(iii)(c)
(with effect from
June 8, 2016) for "also".
575
Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 4(iv)
(with effect from
June 8, 2016).
581
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 5(i)
(with effect from
June 8, 2016) for :
582[Provided that the aforesaid amendment shall be effective after the expiry of current tenure of the present incumbent 583[Commissioner] 583.] 582
584[] 584
584
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.
588
Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 5(ii)
(with effect from
June 8, 2016).
592
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 6
(with effect from
June 8, 2016) for ":".
593
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 594[.] 594
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595[] 595
595
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.
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596
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".
597
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Section 80(i)
(with effect from
April 19, 2010) for :
598[
(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.
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|
] 598
599
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)
|
601[four] 601 members each of whom shall be a Judge
of a High Court 602[from each Province] 602appointed by the President after
consultation with the Chief Justice of the High Court
concerned and with the Commissioner.
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600
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.
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604
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 9(i)
(with effect from
June 8, 2016) for "Commissioner".
606
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,
|
611
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(i)
(with effect from
June 8, 2016) for "servants".
614
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(ii)
(with effect from
June 8, 2016) for "servants".
616
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(ii)
(with effect from
June 8, 2016) for "Election Commission".