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
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
(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.
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,
(c) "prescribed" means
prescribed by rules made under this Order.
3. Order to override
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.
4. Conduct of General
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:-
(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
(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
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.
6. 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.
7. Laws relating to
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.
8. 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
9. 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
(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.