Chief Executive Order 21, Conduct of General Elections (Fourth Amendment) Order 2002

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CONDUCT OF GENERAL ELECTIONS (FOURTH AMENDMENT) ORDER, 2002

CHIEF EXECUTIVE'S ORDER 21 OF 2002

An Order further to amend the Conduct of General Elections Order, 2002

[Gazette of Pakistan, Extraordinary, Part I, dated 31st July, 2002]

F.No.2(2)/2002-Pub., dated 31-7-2002.---The following Order promulgated by the President is hereby published for general information:--

Whereas it is expedient further to amend the Conduct of General Elections Order, 2002 (Chief Executive's Order 7 of 2002), for the purpose hereinafter appearing;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the 14t' 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 President and 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 Conduct of General Elections (Fourth Amendment) Order, 2002.

(2) It shall come into force at once.

2. Amendment of Article 2, C.E.'s Order No.7 of 2002.- In the Conduct of General Elections Order, 2002 (Chief Executive's Order 7 of 2002), hereinafter referred to as the said Order, in Article 2,-

(a) in clause (b), the word "and" shall be omitted; and

(b) in clause (c), for the full stop at the end a semi-colon and word ": and" shall be added, and thereafter the following new clause shall be added, namely:-

"(d) "technocrat" means a person who is the holder of a degree requiring conclusion of at least sixteen years of education, recognized by the University Grants Commission or a recognized statutory body, as well as at least twenty years of experience, including a record of achievement at the national or international level."

3. Amendment of Article 3, C.E.'s Order No.7 of 2002.- In the said Order, in Article 3, after the words "election to the", the word and comma Senate," shall be inserted.

4. Amendment of Article 4, C.E's. Order No. 7 of 2002.- In the said Order, in Article 4,-

(a) after the brackets, letters, word, figure and comma "(XXXIV of 1974)," the words, brackets, commas, figures and letters "the Senate (Election) Act, 1975 (LI of 1975)," shall be inserted; and

(b) after the words "members of the "the word and comma "Senate," shall be inserted.

5. Amendment of Article 5, C.E's. Order No. 7 of 2002.- In the said Order, for Article 5 the following shall be substituted, namely:-

"5. Number of seats in the National Assembly.- (1) There shall be three hundred and forty-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 Administered Tribal Areas and the Federal Capital as under:-

|------------------------|---------------|-------|-------| | | General Seats | Women | Total | | Baluchistan | 14 | 3 | 17 | | Federally Administered | | | | | Tribal Areas | 12 | - | 12 | | Federal Capital | 2 | - | 2 | | The North-West | 35 | 8 | 43 | | Frontier Province | | | | | 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 reserved 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) each `Province shall be a single constituency for all seats reserved for women ??????????? which are allocated to the respective Provinces under clause (2);

??????????? (d) the constituency for all seats reserved for non? Muslims shall be the whole ???? country;

??????????? (e) the members to fill seats reserved for women which are allocated to a Province ??????????? under clause (2) shall be elected through proportional representation system of ? political parties lists of candidates specified in Article 8F on the basis of total ???? number of general seats won by each political party in the National Assembly,

??????????? (f) the members to fill seats reserved for non-Muslims under clause (3) shall be elected through proportional representation system of political parties' lists of ??? candidates specified in Article 8F on the basis of total number of general seats won by each political party in the National Assembly; and

??????????? (g) a political party securing less than five per centum of the total number of ?????? general seats in the National Assembly shall not be entitled to any seat reserved ??????????? for women or non-Muslims.".

6. Amendment of Article 6, C.E's. Order No. 7 of 2002.- In the said Order, for Article 6 the following shall be substituted, namely :-

6. Number of seats in the Provincial Assemblies.- (1) Each Provincial Assembly shall consist of general seats and seats reserved for women and non-Muslims as herein below specified:-

|-------------------|---------------|-------|-------------|-------| | | General seats | Women | Non-Muslims | Total | | Baluchistan | 51 | 11 | 3 | 65 | | North-West | 99 | 22 | 3 | 124 | | Frontier Province | | | | | | The Punjab | 297 | 66 | 8 | 371 | | Sind | 130 | 29 | 9 | 168 | | | 577 | 128 | 23 | 728 |

(2) For the purpose of election to a Provincial Assembly,-

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

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

??????????? (c) each Province shall be a single constituency for all seats reserved for women ??????????? and non-Muslims which are allocated to the respective Provinces under? clause ??????? (1);

??????????? (d) the members to fill seats reserved for women and non-Muslims allocated to a ??????????? Province under clause (1) shall be elected through proportional representation ?? system of political parties' lists of candidates specified in Article 8E on the basis ??? of total number of general seats won by each political party in the Provincial ???????? Assembly; and

??????????? (e) a political party securing less than five per centum of the total number of ?????? general seats in the-Provincial Assembly shall not be entitled to any seat reserved ????????? for women or non-Muslims.

7. Amendment of Article 7A, C.E's. Order No. 7 of 2002.- In the said Order, in Article 7A, after the words "members of the", the word and comma "Senate," shall be inserted.

8. Amendment of Article 8, C.E's. Order No. 7 of 2002.- In the said Order, in Article 8,-

(a) after the brackets, letters, word. figure and comma "(XXXIV of 1974)," the words, brackets, commas, figures and letters "the Senate (Election) Act, 1975 (LI of 1975)." shall be inserted; and

(b) after the words "elections to the", the word and comma "Senate," shall be inserted.

9. Amendment of Article 8A, C. E's Order No. 7 of 2002.- In the said Order, in Article 8A, after the brackets, letters, word and figure " (XXIII of 1974)" the words "or any other law being in force" shall be added.

10. Addition of new Articles 81B, 8C, 8D, 8E and 8F, C-. E's. Order No. 7 of 2002.- In the said Order, after Article 8A, the following new Articles shall be inserted namely:-

"8B. Number of seats in Senate.- (1) The Senate shall consist of one hundred members of whom-

(a) fourteen shall be elected by the members of each Provincial Assembly;

(b) eight shall be elected by direct and free vote from the Federally Administered Tribal Areas as provided in Article 8C;

(c) two on general seats, one woman and one technocrat or aalim shall be elected from the Federal Capital in the manner specified in the Senate (Election of Members from the Federal Capital) Order, 1988 (P.0 No. 3 of 1988);

(d) four women shall be elected by the members of each Provincial Assembly; and

(e) four shall be elected by the members of each Provincial Assembly to represent technocrats and ulema.

Explanation.- For the purpose of this Article, the terns "technocrats" defined in clause (d) of Article 2 shall include ulema.

(2) Election to fill seats in the Senate allocated to each Province shall be held in accordance with the system of proportional representation by means of the single transferable vote.

(3) The Senate shall not be subject to dissolution but the term of its members, who shall retire as follows, shall be six years-

(a) of, the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years;

(b) of the members referred to in paragraph (b) of the aforesaid clause, four shall retire after the expiration of the first 4hree years and four shall retire after the expiration of the next three years;

(c) of the members referred to in paragraph (c) of the aforesaid clause;

(i) one elected on general seat shall retire after the expiration of the first three years and the other one shall retire after the expiration of the next three years, and

(ii) one elected on the seat reserved for technocrat or, as the case may be, aalim shall retire after first three years and the one elected on the seat reserved for woman shall retire after the expiration of next three years; and

(d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years; and

(e) of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years:

Provided that the term of office of a person elected to fill a casual vacancy shall be the un-expired term of the member whose vacancy he has filled.

**8C. Constituencies in the Federally Administered Tribal Area.-**The constituencies for seats in the Senate from the Federally Administered Tribal Areas shall be as under;

|--------------------------------------------------------------------------|--------------| | Constituencies | No. of Seats | | (i) South Waziristan Agency | 01 | | (ii) North Waziristan Agency | 01 | | (iii) Kurram Agency | 01 | | (iv) Orakzai Agency | 01 | | (v) Khyber Agency | 01 | | (vi) Mohmand Agency | 01 | | (vii) Bajaur Agency | 01 | | (viii) Frontier Regions | 01 | | (a) Tank (b) Dare Ismail Khan (c) Lakki (d) Bannu (e) Kohat (f) Peshawar | |

8D. Qualifications and disqualifications of members of Majlis-e-Shoora (Parliament) and Provincial Assemblies. (1) In addition to the educational qualification specified in Article 8A, a person shall not be qualified to be elected or chosen as a member of a House of, the Majlis-e-Shoora (Parliament) or Provincial Assembly unless-

(a) he is a citizen of Pakistan;

(b) he is, in the case of National Assembly rout less than twenty-five years and is enrolled as a voter in-

(i) any electoral roll for election to a general seat or a seat reserved for non-Muslims: and

(ii) any area in a Province from where he seeks membership for election to a seat reserved for women;

(c) he is, in the case of Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership;

(d) he is, in the case of a Provincial Assembly, not less than twenty-five years of age and is enrolled as voter in any area in a Province from where he seeks membership for that Assembly;

(e) he is of good character and is not commonly known as one who violates. Islamic Injunctions;

(f) he has adequate knowledge of 'Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins;

(g) he is sagacious righteous and non-profligate and honest and ameen;

(h) he has not been convicted for a crime involving moral turpitude or for giving false evidence;

(i) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan:

Provided that the disqualifications specified in paragraphs (f) and (g) shall not apply to a person who is a non-Muslim; but such a person shall have good moral reputation; and

(j) he possesses such other qualifications as may be prescribed by an Act of Majlis-e-Shoora (Parliament).

(2) A person shall be disqualified from being elected or chosen as, and from being, a member of Majlis-e-Shoora (Parliament) or a Provincial Assembly, if -

(a) he is of unsound mind and has been so declared by a competent court; or

(b) he is an undischarged insolvent; or.

(c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or

(d) he holds an office of profit in the service of Pakistan other Man an office declared by law not to disqualify its holder; or

(e) he is in the service of any statutory body or anybody which is owned or controlled by the Government or in which the Government has a controlling share or interests; or

(f) he being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II of 1951), he is for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir; or

(g) he is propagating any opinion, or acting in any manner, prejudicial' to the Ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the Judiciary or Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan; or

(h) he has been convicted by a court of competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force: or

(i) he has been dismissed from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a local government on the grounds of misconduct involving moral turpitude; or

(j) he has been removed or compulsorily retired from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a local government on the grounds of misconduct involving moral turpitude; or

(k) he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share of interest, unless -a period of two years has elapsed since he ceased to be in such service; or

(l) he, whether by himself, or by any` person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Government:

Provided that the disqualification under this paragraph shall not apply to a person-

(i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him.

(ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Ordinance, 1984 (XLVII of 1984), of which he is a shareholder but is not a director holding an office of profit under the company: or

(iii) where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interests; or

Explanation. - In this Article, "goods" does not include agricultural produce or commodity grown or produced by him or such goods as he is under any directive of Government or any law for the time being in force; under a duty or obligation to supply:

(m) he holds any office of profit .in the service of Pakistan other than the following offices namely:-

(i) an office which is not whole time office remunerated either by salary or by fee;

(ii) the office of Lumbardar, whether called by this or any other title;

(iii) the Qaumi Razakars;

(iv) any office the holder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or

(n) he has been convicted and sentenced to imprisonment for having absconded by a competent court under any law for the time being in force; or

(o) he has obtained a loan for an amount of two million rupees or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which stands unpaid for more than one year from the due date, or has had such loan written off; or

(p) he or his spouse or any of his dependents has defaulted in payment of government dues and utility charges, including telephone electricity, gas and water charges of an amount in excess of ten thousand rupees, for over six months; or

(q) he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force.

8E. Objection against candidature.- Notwithstanding anything contained to the contrary in any law for the time being in force, any person or authority may object to the candidature of a person who has submitted nomination papers or whose name has been included in the party list submitted by a political party for election to a seat in the Majlis-e-Shoora (Parliament) or a Provincial Assembly, before the Returning Officer within the period specified by the Election Commission for the scrutiny of nomination papers, of candidates contesting elections for membership of Majlis-e-Shoora (Parliament) and Provincial Assemblies.

8F. Party lists for reserved seats, etc.- (1) For the purpose of election to seats reserved for women and non-Muslims in the National Assembly and Provincial Assemblies, the political parties contesting election for such seats shall within the period fixed by the Election Commission for submission of nomination papers, file separate lists of their candidates in order of priority for seats reserved for women and non-Muslims with the Chief Election Commissioner or, as he may direct, with the Provincial Election Commissioner, who shall forthwith cause such lists to be published for information of the public at large.

(2) The parties lists referred to in clause (1) may contain as many names of additional candidates as a political party may deem necessary for contesting seats reserved for women and non-Muslims to provide for any disqualification of candidates during scrutiny of nomination papers or for filling of any vacant seat during the terms of National Assembly and Provincial Assemblies, as the case may be.

(3) Where 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 in by the next person in order of precedent from the party's list of the candidate submitted to the Election Commission under clause (1).

(4) Every candidate contesting election on a seat reserved for women or non-Muslims shall, alongwith the nomination papers and other relevant documents, submit to the Returning Officer appointed by the Election Commission in this behalf-

(a) a copy of the party list of the candidate's political party for such seats;

(b) declarations and statements as required by law or rules in support of the nomination; and

(c) the fee required under any law for the time being in force for filing nomination papers.

8G. Elections deemed to be held under the Constitution. The election held under this Order shall be deemed to have been held under this Constitution and shall have effect accordingly."

11. Amendment of Article 10, C. E's. Order No. 7 of 2002 .- In the said Order, in Article 10, in clause (2), after the words "elections to the", the word and comma "Senate," shall be inserted.

12. Addition of new Article 11, C. E's Order No.7 of 2002.- In the said Order, after Article 11, the following new Article shall be added, namely -

"11. Repeal.- The Houses of Parliament and Provincial Assemblies (Elections) Order, 1977 (PPO No.5 of 1977), is hereby repealed "

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