ELECTION COMMISSION ORDER, 2002
CHIEF EXECUTIVE'S ORDER 1 OF 2002
[Gazette of Pakistan, Extraordinary, Part I, 14th January, 2002]
F. No.2(4)/2002-Pub., dated 14-1-2002.---The following Order promulgated by the Chief Executive is hereby published for general information:--
In pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, read with the Provisional Constitution Order No. l 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:--
[See Article 3]
(in the name of Allah, the Most Beneficent, the Most Merciful)
I __________________________, do solemnly swear that as Chief Election Commissioner I will discharge my duties, and perform my functions, honestly, to the best of my ability, .faithfully, in accordance with law, the Proclamation of Emergency of the Fourteenth day of October, 1999, the Provisional Constitution Order No. l of 1999, as amended, and without fear or favour, affection or ill-will, and that will not allow my personal interest to influence my official conduct or my official decisions.
That I will abide by the provisions of the Proclamation of Emergency of the fourteenth day of October, 1999 and the Provisional Constitution Order No. l of 1999, as amended.
[May Allah Almighty help and guide me (A meen)]
1. Short title and commencement.-(1) This Order may be called the Election Commission Order, 2002.
(2) It shall come into force at once.
2. Chief Election Commissioner.---(1) There shall be a Chief Election Commissioner, hereinafter referred to as the Commissioner, who shall be appointed by the President, in his discretion, for a term of three years.
(2) As provided in clause (2) of Article 213 of the Constitution of the Islamic Republic of Pakistan, 1973, 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 High Court and is qualified under paragraph (a) of clause (2) of Article 177 of the Constitution to be appointed a Judge of the Supreme Court.
(3) The Commissioner shall have such powers and functions as are conferred on him by this Order and law.
(4) The Commissioner may, by writing under his hand addressed to the President, resign his office.
**3. Commissioner's oath of office.---**Before entering upon office, the Commissioner shall make before the Chief Justice of Pakistan oath in the form set out in the Schedule.
**4. Acting Commissioner.--**At any time when---
(a) the office of Commissioner is vacant, or
(b) the Commissioner is absent or is unable to perform the functions of his office due to any other cause,
a Judge of the Supreme Court nominated by the Chief Justice of Pakistan shall act as Commissioner.
5. Election of Commission. ---(1) For the purpose of the general election to the National Assembly and to a Provincial Assembly, and for the purpose of election to the Senate, an Election Commission shall be constituted in accordance with this Article.
(2) The Election Commission shall consist of---
(a) The Commissioner, who shall be Chairman of the Commission; and
(b) four members, each of whom shall be a Judge of the High Court of each Province, appointed by the President after consultation with the Chief Justice of the High Court concerned and with the Commissioner.
(3) It shall be the duty of the Election Commission constituted in relation to an election 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. ,
6. Powers of Election Commission.---(1) The Election Commission shall have power to issue such directions or orders as may be necessary for the performance of its functions and duties, including an order doing complete justice in any matter pending before it and an order for the purpose of securing the attendance of any person or the discovery or production of any document.
(2) Any such direction or order shall be enforceable throughout Pakistan and shall be executed as if it has been issued by the High Court.
**7. Duties of Commissioner.--**The Commissioner shall be charged with the duty of--
(a) organizing and conducting election to fill casual vacancies in the National Assembly, the Senate or a Provincial Assembly; and
(b) appointing Election Tribunals.
8. Decisions of Commission, etc.--(1) All decisions of the Election Commission shall be expressed in terms of the opinion of the majority of its members, including the Chairman.
(2) No election conducted, or other action taken or thing done, by the Election Commission shall be invalid or called in question only on the ground of the existence of a vacancy therein or of the absence of any member from any meeting thereof.
**9. 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.
**10. Repeal.--**The Extension in the term of Chief Election Commissioner Order, 2000 (Chief Executive Order No. 9 of 2000), is hereby repealed.