National and Provincial Assemblies (Basis of Elections) (Amendment) Order 1979

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PRESIDENT'S ORDER 17 OF 1979

NATIONAL AND PROVINCIAL ASSEMBLIES (BASIS OF ELECTIONS) (AMENDMENT) ORDER, 1979

[Gazette of Pakistan, Extraordinary, Part I, 27th September, 1979]

No. F. 17(2)/79-Pub.-The following Orders made by the President is hereby published for general information :-

In pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C. M. L. A. Order No. 1 of 1977), and in exercise of all powers enabling him in that behalf, the President and Chief Martial Law Administrator is pleased to make the following Order t-

1. Short title and commencement.-(1) This Order may be called the National and Provincial Assemblies (Basis of Elections) (Amendment) Order, 1979.

(2) It shall come into force at once.

2. Amendment of Article 4, P. O. No. 14 of 1979.--In the National and Provincial Assemblies (Basis of Elections) Order, 1979 (P. O. No. 14 of 1979), hereinafter referred to as the said Order, in Article 4, for clause (3) the following shall be substituted, namely:-

"(3) Nothing in this Order shall be deemed to affect the right to be declared elected to a seat in the National Assembly or a Provincial Assembly of a person who is the only contesting candidate for election to such seat or who has secured the highest number of votes and has contested election to such seat-

(a) otherwise than as the candidate or nominee of a political party, hereinafter referred to as an independent candidate; or

(b) as the candidate or nominee of a political party such as is referred to in paragraph (c) of clause (3) of Article 6, or, as the case may be, in paragraph (b) of clause (3-A) of that Article:


Provided that such person has secured more than fifty percent. of the total number of valid votes cast at the election."

**3. Amendment of Article 6, P.O. No. 14 of 1979.**In the said Order, in Article 6,

(a) in clause (2), after the brackets and figure "(3)" at the end, the words, commas, brackets, figure and letter "or, as the case may be, in clause (3-A)" shall be added;

(b) for clauses (3) and (4) the following shall be substituted, namely:--

"(3) A political party shall be entitled to such number of the seats in the National Assembly allocated to a Province as bears to the total number of such seats the same proportion as the total number of valid votes secured by that party at the election to such seats bears to the aggregate of the valid votes cast at the said election excluding-

(a) the votes polled, or treated as having been polled, by the independent candidates;

(b) theco nstituencies in which there was only one contesting candidate; and

(e) the votes secured by a political party which does not fulfil either of the following conditions, namely :-

(i) the number of votes secured by it throughout Pakistan at the election to the seats in the National Assembly is not less than five percent. of the aggregate of the valid votes cast at the said election; or

(ii) not less than three of its candidates or nominees have become entitled to be declared elected to the seats in the National Assembly:

Provided that no political party such as is referred to in paragraph (c) shall be entitled to any such seat.

(3-A) A political party shall be entitled to such number of the seats in the Provincial Assembly of a Province as bears to the total number of such seats the same proportion as the total number of valid votes secured by that party bears to the aggregate of the valid votes cast at the election, excluding-

(b) the votes secured by a political party which has secured less than five percent. of the said aggregate; and

(c) the constituencies in which there was only one contesting candidate:

Provided that no political party such as is referred to in paragraph (b) shall be entitled to any such seat.

(4) The candidates of each political party who have, from amongst the candidates of the political parties, secured the highest number of votes in the constituencies in which they were candidates shall be listed separately for the National Assembly and a Provincial Assembly in the descending order of the percentage of votes which they have secured:

Provided that such candidates in constituencies in which independent candidates are entitled to be declared elected shall not be included in such list."; and

(c) for clause (6) the following shall be substituted, namely:-

"(6) Where the candidate of a political party securing the highest number of votes in a constituency cannot he declared elected due to the fact that the number of candidates equal to the number of seats to which that political party is entitled under clause (2) has already become entitled to be declared elected under clause (5), or where the candidate who has secured the highest number of votes in the constituency is an independent candidate who has not secured more than fifty percent of the total number of valid votes casts in the constituency, the candidate who belongs to a political party and has secured the second highest number of votes in that constituency shall be declared elected, if his party has sufficient entitlement to its credit."

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