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 Order, 2002.
(2) It shall come into force at once.
2. Chief Election
(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 the
(4) The Commissioner may,
by writing under his hand addressed to the President, resign his office.
3. Commissioner's oath
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 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
(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.
vide C.E.O. No. 8 of 2002, dt. 27-2-2002.
(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
(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
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.]
8. Decisions of
(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
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.
vide C.E.O. No. 8 of 2002, dt. 27-2-2002.
(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 purposes 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 thereunder.
9E. Power to make rules:
The Commissioner may, with
the approval of the President, make rules for carrying out the purposes of this
9F. Removal of
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.]
The Extension in the term
of Chief Election Commissioner Order, 2000 (Chief Executive's Order No. 9 of
2000), is hereby repealed.
[See Article 3]
(In the name of Allah,
the most Beneficent, the most Merciful)
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 the law, the Proclamation of Emergency of the
Fourteenth day of October, 1999, the Provisional Constitution Order No. 1 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
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. 1 of 1999, as amended.
[May Allah Almighty help
and guide me (A'meen)]