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213
| Chief Election Commissioner.
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(1)
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There shall be a Chief Election Commissioner (in
this Part referred to as the Commissioner), who shall be
appointed by the President 542[] 542.
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(2)
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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 a High Court and is qualified under
paragraph (a) of clause (2) of Article 177 to be appointed a
Judge of the Supreme Court.
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544[
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(2A)
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The Prime Minister shall in consultation with the Leader of the Opposition in the National Assembly, forward three names for
appointment of the Commissioner to a Parliamentary Committee for hearing and confirmation of any one person.
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(2B)
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The Parliamentary Committee to be constituted by the Speaker shall comprise fifty percent members from the Treasury Branches
and fifty percent from the Opposition Parties, based on their strength in Majlis-e-Shoora (Parliament), to be nominated by
the respective Parliamentary Leaders:
Provided that in case there is no consensus between the Prime Minister and the Leader of the Opposition, each shall forward separate
lists to the Parliamentary Committee for consideration which may confirm any one name:
545[Provided further that the total strength of the Parliamentary Committee shall be twelve members out of which one-third shall be from
the Senate.
] 545
Provided also that when the National Assembly is dissolved and a vacancy occurs in the office of the Chief Election Commissioner,
the 546[total membership of the Parliamentary Committe shall consist of] 546 the members from the Senate only and the foregoing provisions of this clause shall, mutatis mutandis, apply.
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] 544
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(3)
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The Commissioner shall have such powers and functions
as are conferred on him by the Constitution and law.
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214
| 547[] 547Oath of Office.
Before entering upon office, the Commissioner shall make
before the Chief Justice of Pakistan 548[, and a member of the Election Commission shall make before the Commissioner,] 548 oath in the form set out in the
Third Schedule. |
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215
| Term of office of Commissioner 549[and members] 549
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(1)
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The Commissioner 550[and a member] 550 shall, subject to this Article,
hold office for a term of 551[three] 551 years from the day he enters
upon his office:
552[Provided that the aforesaid amendment shall be effective after the expiry of current tenure of the present incumbent 553[Commissioner] 553.] 552
554[] 554
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(2)
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The Commissioner 555[or a member] 555 shall not be removed from office
except in the manner prescribed in Article 209 for the removal
from office of a Judge and, in the application of the Article
for the purposes of this clause, any reference in that Article
to a Judge shall be construed as a reference to the Commissioner 556[or, as the case may be, a member] 556 .
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(3)
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The Commissioner 557[or a member] 557 may, by writing under his hand
addressed to the President, resign his office.
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216
| Commissioner 558[and members] 558 not to hold office of profit.
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(1)
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The Commissioner 559[or a member] 559 shall not,
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(a)
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hold any other office of profit in the
service of Pakistan; or
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(b)
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occupy any other position carrying the
right to remuneration for the rendering of services.
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(2)
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A person who has held office as Commissioner 560[or a member] 560 shall not
hold any office of profit in the service of Pakistan before the
expiration of two years after he has ceased to hold that office:
Provided that
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(a)
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this clause shall not be construed as
preventing a person who was a Judge of the Supreme Court or of a
High Court immediately before his appointment as Commissioner
from resuming his duties as such Judge on the expiration of his
term as Commissioner 561[.] 561
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562[] 562
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217
| Acting Commissioner.
At any time when,
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(a)
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the office of Commissioner is vacant, or |
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(b)
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the Commissioner is absent or unable to perform
the functions of his office due to any other cause,
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a Judge of the Supreme Court nominated by the Chief
Justice of Pakistan shall Act as Commissioner. |
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218
| Election Commission.
563[
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(1)
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For the purpose of election to both Houses of Majlis-e-Shoora (Parliament), Provincial Assemblies and for election to such
other public offices as may be specified by law, a permanent Election Commission shall be constituted in accordance with this
Article.
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] 563 565[
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(2)
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The Election Commission shall consist of-
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(a)
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The Commissioner who shall be the Chairman of the Commission; and |
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(b)
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four members, each of whom has been a Judge of a High Court from each Province, appointed by the President in the manner provided
for appointment of the Commissioner in clauses (2A) and (2B) of Article 213.
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] 565
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(3)
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It shall be the duty of the Election Commission
568[] 568 to organize and conduct the
election and to make such arrangements as are necessary to ensure
that the election is conducted honestly, justly, fairly and in
accordance with law, and that corrupt practices are guarded against.
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219
| Duties of Commissioner.
The 569[Commission] 569 shall be charged with the duty of:-
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(a)
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preparing electoral rolls for election to the
National Assembly and the Provincial Assemblies, and revising
such rolls annually,
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(b)
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organizing and conducting election to the
Senate or to fill casual vacancies in a House or a Provincial
Assembly; and
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(c)
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appointing Election Tribunals 570[;] 570 |
571[
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(d)
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the holding of general elections to the National Assembly, Provincial Assemblies and the local governments; and |
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(e)
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such other functions as may be specified by an Act of Majlis-e-Shoora (Parliament) 572[:] 572 |
] 571
573[Provided that till such time as the members of the Commission are first appointed in accordance with the provisions of paragraph (b)
of clause (2) of Article 218 pursuant to the Constitution (Eighteenth Amendment) Act, 2010, and enter upon their office, the
Commissioner shall remain charged with the duties enumerated in paragraphs (a), (b) and (c) of this Article.] 573
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220
| 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 functions. |
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221
| Officers and servants.
Until 574[Majlis-e-Shoora (Parliament)] 574 by law otherwise provides, the 575[Election Commission] 575 may, with
the approval of the President, make rules providing for the
appointment by the Commissioner of officers and servants to be
employed in connection with the functions of the 576[] 576
Election Commission and for their terms and conditions of
employment. |
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545
Substituted by
Constitution (Ninetenth Amendment) Act, 2010, Section 6(i)
(with effect from
January 1, 2011) for :
Provided further that the total strength of the Parliamentary Committee shall not exceed twelve members out of which one-third shall
be from the Senate:
554
The following was omitted by
Constitution (Eighteenth Amendment) Act, 2010, Section 78(ii)
(with effect from
April 19, 2010) : :
Provided that the National Assembly may by
resolution extend the term of the Commissioner by a period not
exceeding one year.
562
The following was omitted by
Constitution (Eighteenth Amendment) Act, 2010, Section 79(ii)
(with effect from
April 19, 2010) : :
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(b)
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a person who has held office as Commissioner
may, with the concurrence of both Houses, be reappointed to that
office before the expiration of two years after he has ceased to
hold that office.
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563
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Section 80(i)
(with effect from
April 19, 2010) for :
564[
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(1)
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For the purpose of election to both Houses
of Majlis-e-Shoora (Parliament), Provincial Assemblies
and for election of such other public offices as may be
specified by law or until such law is made by the
Majlis-e-Shoora (Parliament) by Order of the President,
a permanent Election Commission shall be constituted in
accordance with this Article.
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] 564
565
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Section 80(ii)
(with effect from
April 19, 2010) for :
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(2)
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The Election Commission shall consist of,
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(a)
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the Commissioner who shall be Chairman of
the Commission; and
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(b)
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566[four] 566 members each of whom shall be a Judge
of a High Court 567[from each Province] 567appointed by the President after
consultation with the Chief Justice of the High Court
concerned and with the Commissioner.
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