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222
| Electoral laws.
Subject to the Constitution, 666[Majlis-e-Shoora (Parliament)] 666 may by law provide for:
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(a)
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the allocation of seats in the National
Assembly as required by clauses (3) and (4) of Article 51;
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(b)
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the delimitation of constituencies by the
Election Commission 667[including delimitation of constituencies of local governments] 667;
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(c)
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the preparation of electoral rolls, the
requirements as to residence in a constituency, the
determination of objections pertaining to and the commencement
of electoral rolls;
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(d)
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the conduct of elections and election
petitions; the decision of doubts and disputes arising in
connection with elections;
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(e)
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matters relating to corrupt practices and other
offences in connection with elections; and
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(f)
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all other matters necessary for the due
constitution of the two Houses 668[] 668 669[,] 669 the Provincial Assemblies 670[and local governments] 670;
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but no such law shall have the effect of taking away
or abridging any of the powers of the Commissioner or 671[the] 671 Election
Commission under this Part. |
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223
| Bar against double membership.
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(1)
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No person shall, at the same time, be a member of,
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(a)
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both Houses; or |
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(b)
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a House and a Provincial Assembly; or |
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(c)
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the Assemblies of two or more Provinces; or |
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(d)
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a House or a Provincial Assembly in respect
of more than one seat.
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(2)
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Nothing in clause (1) shall prevent a person from
being a candidate for two or more seats at the same time,
whether in the same body or in different bodies, but if he is
elected to more than one seat he shall, within a period of
thirty days after the declaration of the result for the last
such seat, resign all but one of his seats, and if he does not
so resign, all the seats to which he has been elected shall
become vacant at the expiration of the said period of thirty
days except the seat to which he has been elected last or, if he
has been elected to more than one seat on the same day, the seat
for election to which his nomination was filed last.
Explanation:- In this clause, "body" means either House or a
Provincial Assembly.
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(3)
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A person to whom clause (2) applies shall not take
a seat in either House or the Provincial Assembly to which he
has been elected until he has resigned all but one of his seats.
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(4)
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Subject to clause (2), if a member of either House or
of a Provincial Assembly becomes a candidate for a second seat
which, in accordance with clause (1), he may not hold concurrently
with his first seat, then his first seat shall become vacant as soon
as he is elected to the second seat.
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224
| Time of election and by-election.
672[
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(1)
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A general election to the National Assembly or a Provincial Assembly shall be held within a period of sixty days immediately
following the day on which the day on which the term of the Assembly is due to expire, unless the Assembly has been sooner
dissolved, and the results of the election shall be declared not later than fourteen days before that day.
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] 672 676[
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(1A)
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On dissolution of the Assembly on completion of its term, or in case it is dissolved under Article 58 or Article 112, the
President, or the Governor, as the case may be, shall appoint a care-taker Cabinet:
Provided that the care-taker Prime Minister shall be 677[appointed] 677 by the President in consultation with the Prime Minister and the Leader of the Opposition in the outgoing National Assembly,
and a care-taker Chief Minister shall be appointed by the Governor in consultation with the Chief Minister and the Leader
of the Opposition in the outgoing Provincial Assmembly:
678[Provided further that if the Prime Minister or a Chief Minister and their respective Leader of the Opposition do not agree on any
person to be appointed as a care-taker Prime Minister or the care-taker Chief Minister, as the case may be, the provisions
of Article 224A shall be followed:] 678
Provided 679[also] 679 that the Members of the Federal and Pronvicial care-taker Cabinets shall be appointed on the advice of the care-taker Prime
Minister or the care-taker Chief Minister, as the case may be.
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(1B)
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Members of the care-taker Cabinets including the care-taker Prime Minister and the care-taker Chief Minister and their immediate
family members shall not be eligible to contest the immediately following elections to such Assemblies.
Explanation:- In this clause "immediate family members" means spouse and children.
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] 676
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(2)
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When the National Assembly or a Provincial
Assembly is dissolved, a general election to the Assembly shall
be held within a period of ninety days after the dissolution,
and the results of the election shall be declared not later than
fourteen days after the conclusion of the polls.
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(3)
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An election to fill the seats in the Senate which
are to become vacant on the expiration of the term of the
members of the Senate shall be held not earlier than thirty days
immediately preceding the day on which the vacancies are due to occur.
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(4)
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When, except by dissolution of the National
Assembly or a Provincial Assembly, a 680[] 680 seat in any such Assembly
has become vacant not later than one hundred and twenty days
before the term of that Assembly is due to expire, an election
to fill the seat shall be held within sixty days from the
occurrence of the vacancy.
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(5)
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When a seat in the Senate has become vacant, an
election to fill the seat shall be held within thirty days from the
occurrence of the vacancy.
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682[] 682 684[
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(6)
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When a seat reserved for women or non-Muslims in the National Assembly or a Provincial Assembly falls vacant, on account of
death, resignation or disqualification of a member, it shall be filled by the next person in order of precedence from the
party list of the candidates to be submitted to the Election Commission by the political party whose member has vacated such
seat 685[:] 685
686[Provided that if at any time the party list is exhausted, the concerned political party may submit a name for any vacancy which may
occur thereafter.
] 686
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] 684 |
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224A.
| Resolution by Committee or Election Commission.
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(1)
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In case the Prime Minister and the Leader of the Opposition in the outgoing National Assembly do not agree on any person
to be appointed as the care-taker Prime Minister, within three days of the dissolution of the National Assembly, they shall
forward two nominees each to a Committee to be immediately constituted by the Speaker of the National Assembly, comprising
eight members of the outgoing National Assembly, or the Senate, or both, having equal representation from the Treasury and
the Opposition, to be nominated by the Prime Minister and the Leader of the Opposition respectively.
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(2)
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In case a Chief Minister and the Leader of the Opposition in the outgoing Provincial Assembly do not agree on any person to
be appointed as the care-taker Chief Minister, within three days of the dissolution of that Assembly, they shall forward two
nominees each to a Committee to be immediately constituted by the Speaker of the Provincial Assembly, comprising six members
of the outgoing Provincial Assembly having equal representation from the Treasury and the Opposition, to be nominated by the
Chief Minister and the Leader of the Opposition respectively.
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(3)
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The Committee constituted under clause (1) or (2) shall finalize the name of the care-taker Prime Minister or care-taker Chief
Minister, as the case may be, within three days of the referral of the matter to it:
Provided that in case of inability of the Committee to decide the matter in the aforesaid period, the names of the nominees shall
be referred to the Election Commission of Pakistan for final decision within two days.
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(4)
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The incumbent Prime Minister and the incumbent Chief Minister shall continue to hold office till appointment of the care-taker
Prime Minister and the care-taker Chief Minister, as the case may be.
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(5)
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Notwithstanding anything contained in clauses (1) and (2), if the members of the Opposition are less than five in the Majlis-e-Shoora
(Parliament) and less than four in any Provincial Assembly, then all of them shall be members of the Committee mentioned in
the aforesaid clauses and the Committee shall be deemed to be duly constituted.
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]
667
Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 11(i)
(with effect from
June 8, 2016).
668
The following was omitted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(ii)(a)
(with effect from
June 8, 2016) : "and".
669
Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(ii)(a)
(with effect from
June 8, 2016).
670
Inserted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(ii)(b)
(with effect from
June 8, 2016).
671
Substituted by Constitution (Twenty-second Amendment) Act, 2016 (25 of 2016), Section 10(iii)
(with effect from
June 8, 2016) for "an".
672
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Section 83(i)
(with effect from
April 19, 2010) for :
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(1)
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A general election to the National Assembly or a
Provincial Assembly shall be held within a period of sixty days
immediately 673[following] 673 the day on which the term of the Assembly
is due to expire, unless the Assembly has been sooner dissolved,
and the results of the election shall be declared not later than
fourteen days before that day 674[:] 674
675[Provided that on dissolution of an Assembly on completion of its term, the President, in his discretion, or, as the case may be, the
Governor, in his discretion but with the previous approval of the President, shall appoint a care-taker Cabinet.] 675
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682
The following was omitted by
Constitution (Eighteenth Amendment) Act, 2010, Section 2(a)
(with effect from
April 19, 2010) : :
683[
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(6)
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When a seat reserved for women or non-Muslims in
the National Assembly or a Provincial Assembly falls
vacant, for death, resignation or disqualification of
a member, it shall be filled by the next person in
order of precedence from the party list of the
candidates submitted to the Election Commission for
the last general election by the political party whose
member has vacated such seat.
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(7)
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When a care-taker Cabinet is appointed, on
dissolution of the National Assembly under Article
58 or a Provincial Assembly under Article 112, or
on dissolution of any such Assembly on completion
of its term, the Prime Minister or, as the case
may be, the Chief Minister of the care-taker
Cabinet shall not be eligible to contest the
immediately following election of such Assembly.
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] 683