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PART VIII

Elections

Chapter 1: Chief Election Commissioner and Election Commissions

213. Chief Election Commissioner.
(1) There shall be a Chief Election Commissioner (in this Part referred to as the Commissioner), who shall be appointed by the President [238B] [ * * ].

(2) 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.

[238C]
[(2A)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.
 
(2B)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:
[239][Provided further that the total strength of the Parliamentary Committee shall be twelve members out of which one-third shall be from the Senate.]
Provided also that when the National Assembly is dissolved and a vacancy occurs in the office of the Chief Election Commissioner, the [239A][total membership of the Parliamentary Committe shall consist of] the members from the Senate only and the foregoing provisions of this clause shall, mutatis mutandis, apply.]

(3) The Commissioner shall have such powers and functions as are conferred on him by the Constitution and law.

214. Commissioner's oath of office.
Before entering upon office, the Commissioner shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule.

215. Term of office of Commissioner
(1) The Commissioner shall, subject to this Article, hold office for a term of [239B][five] years from the day he enters upon his office:
[239C][Provided that the aforesaid amendment shall be effective after the expiry of current tenure of the present incumbent.]
[239D][ * * ]

(2) The Commissioner 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.

(3) The Commissioner may, by writing under his hand addressed to the President, resign his office.

216. Commissioner not to hold office of profit.
(1) The Commissioner shall not,
(a) hold any other office of profit in the service of Pakistan; or
(b) occupy any other position carrying the right to remuneration for the rendering of services.

(2) A person who has held office as Commissioner 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

(a) 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 [239E][.]
[239F][ * * ]

217. Acting Commissioner.
At any time when,
(a) the office of Commissioner is vacant, or
(b) the Commissioner is absent or 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.

218. Election Commission.
[239G] (1) 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.

[239I]
[(2)The Election Commission shall consist of-
(a)The Commissioner who shall be the Chairman of the Commission; and
(b)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.]

(3) It shall be the duty of the Election Commission constituted in relation to an election 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.

219. Duties of [239L][Commission].
The [239L][Commission] shall be charged with the duty of,
(a) Preparing electoral rolls for election to the National Assembly and the Provincial Assemblies, and revising such rolls annually,
(b) organizing and conducting election to the Senate or to fill casual vacancies in a House or a Provincial Assembly; and
(c) appointing Election Tribunals [239M][;]
[239N]
[(d)the holding of general elections to the National Assembly, Provincial Assemblies and the local governments; and
 
(e)such other functions as may be specified by an Act of Majlis-e-Shoora (Parliament).]

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.

221. Officers and servants.
Until [239P] [Majlis-e-Shoora (Parliament)] by law otherwise provides, the [239Q][Election Commission] may, with the approval of the President, make rules providing for the appointment by the [239Q][Election Commission] of officers and servants to be employed in connection with the functions of the [239R][ * * ] Election Commission and for their terms and conditions of employment.

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