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THE CONDUCT OF GENERAL ELECTIONS ORDER, 2002
(Chief Executive’s Order No. 3 of 2002)

WHEREAS pursuant to the announcement for restoration of democracy by the President on the fourteenth day of August, 2001, it is expedient to provide for the holding of general elections in the country for the election of the members of the National Assembly and the Provincial Assemblies and the matters connected therewith and ancillary thereto;

AND WHEREAS updated electoral rolls are to be prepared and delimitation of constituencies is to be carried out in view of the increase in the number of seats in the Assemblies;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, and in exercise of all other powers enabling him in that behalf, the Chief Executive of the Islamic Republic of Pakistan is pleased to make and promulgate the following Order: –

  1. Short title, extent and commencement.

(1) This Order may be called the Conduct of General Elections Order, 2002.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

  1. Definitions.

In this Order, unless there is anything repugnant in the subject or context,-

(a) “Chief Election Commissioner” means the Chief Election Commissioner appointed under the Election Commission Order, 2002 (Chief Executive’s Order 1 of 2002);

(b) “Constitution” means the Constitution of the Islamic Republic of Pakistan 1973, which is in abeyance by virtue of the Proclamation of Emergency of the fourteenth day of October, 1999; and

(c) “prescribed” means prescribed by rules made under this Order.

  1. Order to override other laws.

The provisions of this Order shall have effect notwithstanding anything contained in the Constitution or in any other law for the time being in force relating to the forthcoming elections to the National Assembly and the Provincial Assemblies.

  1. Conduct of General Elections.

Subject to the Election Commission Order, 2002 (C.E.’s Order No. 1 of 2002) and notwithstanding anything to the contrary contained in the Constitution, the Electoral Rolls Act, 1974 (XXI of 1974), the Delimitation of Constituencies Act, 1974 (XXXIV of 1974), the Representation of the People Act, 1976 (LXXXV of 1976) and the Houses of Parliament and Provincial Assemblies (Elections) Order, 1977 (PPO No. 5 of 1977), or any other law for the time being in force, the Chief Election Commissioner or, as the case may be, the Election Commission shall take such steps and measures, including preparation of electoral rolls and delimitation of the constituencies, and adopt such procedure, do such acts, pass such orders, issue such direction and take all such ancillary, incidental and consequential steps as may be deemed necessary for effectively carrying out the elections for the members of the National Assembly and Provincial Assemblies in October, 2002.

5. Number of seats in the National Assembly.

(1) There shall be three hundred and fourty-two seats of the members in the National Assembly, including seats reserved for women and Non-Muslims.

(2) The seats in the National Assembly referred to in clause (1) except as provided in clause (3), are allocated to each Province, the Federally Administrated Tribal Areas and the Federal Capital as under:-

 

  General Seats Women Total
Baluchistan 14 3 17
Federally Administrated Tribal Areas 12 12
Federal Capital 2 2
North-West Frontier Province 35 8 43
Punjab 148 35 183
Sind 61 14 75
Total 272 60 332

(3) In addition to the number of seats referred to in clause (2), there shall be in the National Assembly ten seats for Non-Muslims as defined in Article 260 of the Constitution.

(4) For the purpose of election to the National Assembly;-

(a) the constituencies for the election on general seats shall be single member territorial constituencies;

(b) the members to fill the general seats in the National Assembly shall be elected by direct and free vote;

(c) the constituencies for the seats reserved for women and technocrats shall be such that each Province forms one constituency with as many such seats as are allocated to the Provinces under clause (2); and

(d) the members to fill seats reserved for women and technocrats which are allocated to a Province under clause (2) shall be elected simultaneously through proportional representation system of open political parties’ lists of candidates on the basis of total votes secured by the candidates of each political party contesting elections to the general seats:

Provided that a political party securing less than ten per centum of the total votes cast in the election on general seats shall not be entitled to any seat:

Provided further that where only one political party secures ten per centum or more of the total votes cast and all other political parties secure less than ten per centum of the total votes cast, then the first proviso shall have effect as if for the word “ten” therein the word “five” were substituted:

Provided also that where all the political parties individually secure less than ten per centum of the votes cast, then the first proviso shall have effect as if for the word “ten” therein the word “five” were substituted.

  1. System of elections.

The elections for the members of the National Assembly and the Provincial Assemblies shall be held on the basis of joint electorate.

  1. Laws relating to election etc.,

To apply.- Notwithstanding anything contained in the Constitution, the Electoral Rolls Act, 1974 (XXI of 1974), the Delimitation of Constituencies Act, 1974 (XXXIV of 1974) and the Representation of the People Act, 1976 (LXXXV of 1976) and any rules made thereunder, for the time being in force, shall, in so far as they are not inconsistent with any provision of this Order, apply to the preparation and revision of electoral rolls, the delimitation of constituencies, the choosing of a member from the Federal Capital, the appointment of election tribunals and the conduct of elections to the National Assembly and the Provincial Assemblies.

  1. Power to make rules.

(1) The President may make rules for carrying out the purposes of this Order.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for the procedure of election on the seats reserved for women and technocrats.

  1. Removal of difficulties.

(1) If any difficulty arises in giving effect to any of the provisions of this Order, the President may make such provisions for the removal of the difficulty as he may deem fit.

(2) For the purpose of bringing the provisions of the Constitution and of any of the laws relating to elections to the National Assembly and the Provincial Assemblies into accord with the provisions of this Order, the President may by Order, make such adaptations, modifications, additions or omissions as he may deem necessary or expedient.

(3) Any court, tribunal or authority empowered to enforce any of the laws referred to in clause (2) shall, notwithstanding that no adaptations have been made in such law by an Order made under that clause, construe the law with all such adaptations as are necessary to bring it into accord with the provisions of this Order.

The Political Parties Rules, 2002

NOTIFICATION

Islamabad, the 23rd July, 2002

S.R.O. 456(I)/2002.

In exercise of the powers conferred by Article 19 of the Political Parties Order, 2002 (Chief Executive’s Order No.18 of 2002), the Election Commission, with the approval of the President, is pleased to make the following rules:

  1. Short title and commencement:

(1) These rules may be called the Political Parties Rules, 2002.

(2) They shall come into force at once.

  1. Definitions:

(1) In these rules, unless there is anything repugnant in the subject or context:

(a) “Article” means an article of the Order;

(b) “Form” means a form appended to these rules;

(c) “Order” means the Political Parties Order, 2002 (Chief Executive’s Order No. 18 of 2002); and

(d) “Party Leader” means the head of a political party duly elected in accordance with the constitution of the political party and the provisions of the Order by whatever name designated.

(2) The words and expressions used but not defined herein shall have the meanings as assigned to them in the Order.

  1. Political parties to provide printed copy of constitution:

    Every political party:

(a) within ten days of its formation; or

(b) which is already in existence, within ten days of the publication of these rules in the official Gazette, shall provide to the Election Commission a printed copy of its constitution along with a certificate duly attested by the Party Leader that its constitution is in conformity with the requirements of the Order.

  1. Submission of statement of accounts:

    Every political party shall maintain its accounts in the manner set-out in Form-I indicating its income and expenditure, sources of funds, assets and liabilities and shall, within sixty days from the close of each financial year (July—June), submit to the Election Commission a consolidated statement of accounts of the party audited by a Chartered Accountant, accompanied by a certificate, duly signed by the Party Leader to the effect that no funds from any source prohibited under the Order were received by the party and that the statement contains an accurate financial position of the party.

    5. Financial transactions within a party:

    All financial transactions within a party shall be entered in the statement of accounts submitted under rule 4.

    6. Confiscation of prohibited funds:

    Where the Election Commission decides that the contributions or
    donations, as the case may be, accepted by the political parties are prohibited under clause (3) of Article 6, it shall, subject to notice to the political party concerned and after giving an opportunity of being heard, direct the same to be confiscated in favour of the State to be deposited in Government Treasury or sub-Treasury in the following head of the account:

    “3000000-Deposits and Reserves-B-Not Bearing interest, 3500000-Departmental and Judicial Deposits, 3501000-Civil Deposits, 3501010-Deposits in connection with Elections”.

    7. Submission of certificate to the Election Commission regarding intra-party elections:

(1) The Party Leader of each political party under his signatures shall, within seven days of the completion of intra-party elections, submit a certificate to the Election Commission in Form-II specifying that the intra-party elections have been held in accordance with the constitution of the party and the provisions of the Order.

(2) The Election Commission shall, after satisfying itself that the certificate fulfils the requirements of Articles 11 and 12 of the Order, publish the certificate including the details of election in the official Gazette.

  1. Intra-party elections for the forthcoming general elections 2002:

    Every political party, desirous of taking part in general elections 2002, shall complete its intra-party elections by the 5th August, 2002 and submit within seven days of intra-party elections, a certificate set-out in Form-III that the aforesaid elections have been held in accordance with constitution of such party and the Order.

    9. Intra-party elections held before commencement of the Order:

    Where a political party has, before the commencement of the Order, completed intra-party elections, it shall, within seven days of the publication of these rules in the official Gazette, submit to the Election Commission a certificate specified in Form-IV to the effect that the intra-party elections were held, as far as possible, in accordance with the requirements of Article 11.

    10. Scrutiny of political parties’ constitution and information, etc:

    Where the Election Commission is of the opinion that the constitution, other documents and information submitted by a political party is not in conformity with the Order, it shall return the same to the concerned political party for re-submission in accordance with the provisions of the Order.

    11. Mode of submission of documents:

    The constitution, certificates, documents, etc., to be submitted to the Election Commission, as required under the Order shall be delivered through an office bearer of the party, duly authorised by the Party Leader and shall not be entertained through post, fax, courier service or any other mode.

    12. General:

    The Election Commission may, from time to time, prescribe such proformae as it may deem necessary for carrying out the purposes of the Order.

    13. Repeal:

    The Political Parties Rules, 1986 are hereby repealed.

    [See rule 4]

 

FORM – I

 

Statement of accounts in respect of __________________________ (name of political party)

Financial year ____________

S. No  
1 Opening balance/Funds/amounts in balance at the commencement of financial year (July – June)
2 Total income/receipts for the year
3 Total expenses for the year
4 Net Balance on the close of year
5 Sources of funds with details
6 *Total value of assets on the close of year
7 *Total liabilities on the close of year
8 Name of Bankers
9 Remarks/additional information if so desired

It is certified that:

(i) no funds from any source prohibited under the Political Parties Order, 2002 were received by the party;

(ii) statement contains an accurate financial position; and

(iii) the information is correct to the best of my knowledge and belief.

*Details/documents be annexed. Name, signature and seal of the Party Leader

 

FORM – II

 

[See rule 7(1)]

CERTIFICATE REGARDING INTRA-PARTY ELECTIONS

I ………………………………………… Party Leader (specify designation) (Name)………………………………(Name of the political party) do hereby certify that the intra-party elections have been held in accordance with the constitution of the party and the Political Parties Order, 2002 (CE’s Order No. 18 of 2002) and furnish the following information and documents annexed hereto in respect of:

(i) the date of the last intra-party elections;

(ii) the names, designations and addresses of the Party Leader and all other office-bearers elected at the Federal, Provincial and local levels, wherever applicable;

(iii) the election results, including the total number of votes cast and the number of votes secured by each contestant for all of its party offices; and

(iv) copy of the party’s notifications declaring the results of the election.

  1. It is hereby certified that the information furnished along with this certificate is correct and nothing has been concealed therefrom.

    Name, signature and seal of the Party Leader …………………………..

    Dated: ………………………….

 

FORM – III

 

[See rule 8]

CERTIFICATE REGARDING INTRA-PARTY ELECTIONS FOR GENERAL ELECTIONS, 2002

I ……………..……..…………………..Party Leader (specify designation)(Name)………………………………….(Name of Political party) do hereby certify that the said political party is desirous of taking part in General Elections, 2002 and further certify that intra-party elections have been held by or before the 5th of August, 2002, in accordance with the constitution of the Party and the Political Parties Order, 2002 (CE’s Order No. 18 of 2002) and furnish the following information and documents annexed hereto in respect of:

(i) the date of the last intra-party elections;

(ii) the names, designations and addresses of the Party Leader and all other office-bearers elected at the Federal, Provincial and local levels, wherever applicable;

(iii) the election results, including the total number of votes cast and the number of votes secured by each contestant for all of its party offices; and

(iv) copy of the party’s notifications declaring the results of the election.

  1. It is hereby certified that the information furnished along with this certificate is correct and nothing has been concealed therefrom.

    Name, signature and seal of the Party Leader …………………………..

    Dated: …………………………………

 

FORM – IV

 

[See rule 9]

CERTIFICATE REGARDING INTRA-PARTY ELECTIONS HELD BEFORE THE COMMENCEMENT OF POLITICAL PARTIES ORDER, 2002

I ………………………………………Party Leader (specify designation)(Name)…………………………….. (Name of political party)do hereby certify that the intra-party elections in the aforesaid party have been held, before the commencement of the Political Parties Order, 2002 (CE’s Order No. 18 of 2002), as far as possible, in accordance with requirements of Article 11 of the Order and the party constitution and furnish the following information and documents annexed hereto in respect of:

(i) the date of the last intra-party elections;

(ii) the names, designations and addresses of the Party Leader and all other office-bearers elected at the Federal, Provincial and local levels, wherever applicable;

(iii) the election results, including the total number of votes cast and the number of votes secured by each contestant for all of its party offices; and

(iv) copy of the party’s notifications declaring the results of the election.

  1. It is hereby certified that the information furnished along with this certificate is correct and nothing has been concealed therefrom.

    Name, signature and seal of the Party Leader ……………………………

    Dated: ……………………………….

 

 

 

 

 

 

AMENDED ELECTION COMMISSION ORDER, 2002
(Chief Executive’s Order No. 4 of 2002)

 

WHEREAS it is expedient to amend the Election Commission Order, 2002 (1 of 2002), for the purposes hereinafter appearing;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, read with the Provisional Constitution Order No. 1 of 1999,and in exercise of all powers enabling him in that behalf, the Chief Executive of the Islamic Republic of Pakistan is pleased to make and promulgate the following Order: –

  1. Short title and commencement:

(1) This Order may be called the Election Commission (Amendment) Order, 2002.

(2) It shall come into force at once and shall be deemed to have taken effect from the 16th January, 2002.

  1. Insertion of new Articles 7A and 7B, Chief Executive’s Order No. 1 of 2002:- In the Election Commission Order, 2002 (C.E. Order No. 1 of 2002), here in after referred to as the said Order, after Article 7, the following new Articles shall be inserted, namely: –

    “7A. Application of certain laws etc:-

(1) Subject to this Order and any Order, from time to time, made by the Chief Executive, the provisions of Part VIII of the Constitution of the Islamic Republic of Pakistan and all electoral laws, Orders, Acts, Ordinances and regulations, rules, notifications and instructions made or issued thereunder for the time being in force and amended from time to time shall form part of this Order.

(2) All electoral laws Orders, Acts, Ordinances and regulations, rules, notifications and instructions made or issued thereunder for the time being in force and amended from time to time shall apply to the preparation and revision of electoral rolls and delimitation of constituencies and all other matters which may be necessary for the purpose of conducting elections to both Houses of Parliament and to the Provincial Assemblies.

(3) The reference to the Commissioner or the Election Commission in Part VIII and other Articles of the Constitution of the Islamic Republic of Pakistan and all electoral laws, Orders, Acts, Ordinances and regulations, rules, notifications and instructions made or issued thereunder for the time being in force shall be construed as reference to the Commissioner or the Election Commission appointed or constituted under this Order, as the case may be:

7B Officers and servants:- The officers and servants employed in connection with the functions of the Commissioner or the Election Commission immediately before the commencement of this Order shall be deemed to be the officers and servants employed in connection with the functions of the Commissioner or the Election Commission appointed or constituted under this Order on the same terms and conditions and subject to the same rules as were applicable to them until altered, modified or amended by the Commissioner.

  1. Insertion of new Articles, Chief Executive’s Order No. 1 of 2002- In the said Order, after Article 9, the following new Articles shall be inserted, namely: –

“9A. Delegation of powers and functions-

(1) The Commissioner may, subject to such conditions as he may deem fit, require any member of the Election Commission to exercise and perform all or any of the powers and functions of the Commissioner under this Order.

(2) The Election Commission may require the Commissioner or any of its members to exercise and perform all or any of its powers and functions under this Order.

9B. Directions of Commission in certain matters: – Anything required to be done for carrying out the purpose of this Order, for which no provision or no sufficient provision exists shall be done by such authority and in such manner as the Election Commission may direct.

9C. Bar of Jurisdiction:- No Court shall question the legality of any action taken in good faith by or under the authority of the Commission, the Commissioner, a Returning Officer, Presiding Officer or an Assistant Presiding Officer or any decision given by any of them or any other officer or authority appointed under this Order or the rules.

9D. Protection of actions taken in good faith: – No suit, prosecution or other legal proceeding shall lie against the Election Commission, the Commissioner or any officer or other person in respect of anything which is in good faith done or intended to be done under or in pursuance of this Order or of any rule or Order made or any direction given there under.

9E . Power to make rules: – The Commissioner may, with the approval of the President, make rules for carrying out the purposes of this Order.

9F. Removal of difficulties: – If any difficulty arises in giving effect to any of the provisions of this Order, the President may make such provision for the removal of the difficulty as he may deem fit”.

 

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