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 [239][in his discretion.]
(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.
(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 three years from the day he enters upon his
office:
Provided that the National Assembly may by resolution
extend the term of the Commissioner by a period not exceeding one
year.
(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; and
(b) 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.
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.
(1) 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.
(2) The Election Commission shall consist of,
(a) the Commissioner who shall be Chairman of the Commission;
and
(b) [239B][four]
members each of whom shall be a Judge of a High Court [239C][from each
Province] appointed by the President after consultation with the
Chief Justice of the High Court concerned and with the
Commissioner.
(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 Commissioner.
The Commissioner 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.
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 [240][Majlis-e-Shoora
(Parliament)] by law otherwise provides, the Commissioner 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 Commissioner or an
Election Commission and for their terms and conditions of
employment.