CHIEF EXECUTIVE'S ORDER NO. 4 OF 2002

WHEREAS it is expedient to amend the Election Commission Order, 2002 (1 of 2002), for the purposes hereinafter appearing;

NOW, THEREFORE, 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 (Amendment) Order, 2002.

(2) It shall come into force at once and shall be deemed to have taken effect from the 16th January, 2002.

2. Insertion of new Articles 7A and 7B, Chief Executive's Order No. 1 of 2002:- In the Election Commission Order, 2002 (C.E. Order No. 1 of 2002), here in after referred to as the said Order, after Article 7, the following new Articles shall be inserted, namely: -

"7A. Application of certain laws etc:-

(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.

(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 Provincial Assemblies.

(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 servants:- 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.

3. Insertion of new Articles, Chief Executive's Order No. 1 of 2002- In the said Order, after Article 9, the following new Articles shall be inserted, namely: -

"9A. 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.

(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 purpose 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 there under.

9E . Power to make rules: - The Commissioner may, with the approval of the President, make rules for carrying out the purposes of this Order.

9F. Removal of difficulties: - 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".