choudaryaqeel@yahoo.

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Election Commision of Pakistan

Brief history of ECP:
Constitution of Pakistan was formed in 1956 nine(9) years after independence and (6) years after the
constitution of India.Indian constitution was formed in 1950.Election commision of Pakistan was
established under the constitution of of 1956 this constitution comprising Chief Election Commisioner of
Pakistan and such no of Election Commisioners as may be detrmined by President of Pakistan.
Tenure of chief election commisioner was five years with upper age limit of 65.Initial duties were
electoral rolls, their annual rivision, organising and conducting election to assmblies.
1958 marshal law was imposed by Gen Ayub and unfortunately constitution was also abbrogated by
him, and election commision was also ceased it stop working after four years again constituion was
formed in 1962, again CEC was appointed by president for 3 years but at this time two more judges were
appointed as election commisioner from high courts of one from east and one from west.The CEC was
enjoyed the perks and privilliges of a supreme court judge.
In 1962 constitution lasted only six years and was abborgated by a military general.The national
assembly unnanimously addopted the present constitution in 1973.

One chairman / chief election commisioner and two members who were to be judges of high
court .The no of members of election commision was raised to 4 by the Election Commision
Order,2002, which later became a part of constitution through 17th amendment.

Chief Election Commisioner:

Article 213 of the constitution provides for appointment of a Chief Election Commisioner ,who is
or has been a judge of Supreme court or has been a judge of High court qualified to be a CEC.
Appointment by President of Pakistan for three 3 years and 1 year extendable.CEC can not be
remove from office except in manner prescribed in Article 209 for removal from office of judge
of a superior court i.e, through a reference of Supreme judicial council.

Comparison with India:

In india the President appoint the CEC for a period of 6 years or the age limit of 65.Under the
constitution of india President act as a aid and advice of the council of ministery headed by the

Prime Minister so the selection of CEC in India virtually done by the Prime minister in
consultation with the cabnet (where as in Pakistan the CEC is appointed by President),Initially
there used to be only 1 and later on 2 more Election commisioner were created made the total
no of Election Commisioners 3 in ECI.
The role and powers of three Election Commisoners remain equall .The CEC in India is not
required to be sitting or retired justice of Supreme or High court but enjoy the status of judges.
The Election commision of India usually appointed from the civil service of India because of
their administrative experience and not from the judiciary.
The job CEC require administrative with a jusdicial mind .The work of CEC is like the work of
deputy commisioner and an executive.
At the time if election in India the ECI has a poling staff of 50,000,000 and this kind of staff is
only be manged by Administrative experienced man not by a judge.

Function and Powers of CEC of Pakistan:

Prepare electoral rolls for national and provincial assemblies and revising such rolls
anually.Organizing election in senate fill casul vacancies in a house or provincial assemblies.
Appointing election Turbunnel.
These powers and functions which are to be excercised solely by CEC one of these powers
under the reperesentation of people act 1976 is the power t appoint the election turbunnel
as many as necessary .Which shall consist of individuals who have been are or at the time of
retirement as District judge or a Session judge qualified to be the court judge.Subject to the
right to appeal at supreme court the election turbunnel provide the final adjudication in all
election disputes.
These powers and functions CEC vis a vis the election commision make the CEC an
institution quiet independent of the election commision.
INDIA:these powrs are vested in Election Commision Not in the CEC.

Constitution of Election Commision of Pakistan:

Pakistan : Article 218of the costitution:

For thre purpose of election both houses ofparliment ,provicial assemblies and for
election of such other public offices as may be specified by law or untill such law is made
by parliament by order of President a permanant Election Commision shall be
constituted in accordenece with this article.
Election commsion consist of:
Chief Election commisioner
4 judjed from each province high court ,appointed by President after consultation with
chief justice high court concerned with the commosion.

India:

It shall be the duty of Election Commision constituted in relation to an election

to organize and conduct the election and to made such arrangements as are
necessary to ensure that the election is conducted honestly , justly, fairly and in
accordance with law and that errupt practices are guarded against.
1 chief election commisioner .
2 election commisioner s appointed by president
Prepartion of electoral roll and all other practices are vested in Electio
Commision of India.

Pakistan:

The election commision of Pakistan is also a permanent body since 2002

after promulgation elction commision order of 2002.
The election commision of Pakistan is entrusted with the function of
organizing and conducting the election and making necessary
arrangements for making it fair.

India :

The Indian commision has the power of supretendence,direction and

control of an election .it exercise its powers frequently to maintain its
authority butin pakistan this show authority of ten lacking.

Pakistan :

Dinstinct constitution entity consisting of the chairman and four

members.The election commsion of Pakistan is a set up to assist
election commisioner member of election commision have no
administration work day to day.

India :

In india the CEC does not enjoy any such distinct authority.

Asssitance to Election Commision:

The constitution of Pakistan and law provide that it shuld be the duty of all executie authorities in the
federation,and the provinces to assist the CEC and election commision discharge of their fuctions.All
type of assistnce should be provide by the provisional government from vehicle to every thing that is
needed by the election commision of Pakistan during election.

Autonomy:

The election commision of Pakistan enjoys considerably amount of

autonomy in administrative matters under the article 221 of the

constitution provides that the parliament enacts otherwise the CEC may
with the approval of President make rules for the appointment by the
CEC of the officers and servents in connection with the fuction of CEC or
EC.

Employees act 1989 the CEC recruit or appoint all the eployees of EC
with out any order and consultation of the govt even the transfers ,pay
scale of the employee up to secretery level also appoint by CEC.

Financial Autonomy:
In year 2000 Musheraf approved the powers :
Full power to reappointment funds from one head of account to
another head of account with in allocated budged of ECP.
Full power to sanction expenditure on any item from with in the
allocated budged of ECP.
Full power to change nomenculture and upgrade / down grade
any post provide expenditure is met from with in the over all
budget of ECP.

Powers of ECP:
Article of election commision order 2002 (executive order no 2002 )powers of ECP.
1. The ECP shall have powers to issue such direction or orders as may be necessary for the
performance of its functions and duties including order doing complete justice any matter
pending before the discovery of person attendence or production of any document .
2. Any such direction or order shall be enforceable through out pakistan and shall be executed as if
had been by high court.
3. Executuve authorties to assist the commision.
4. Conduct of elections under the 17th ammendment (2002).
5. Action against dilinquent officials:
Sub sec(6) and (7) of sec 7 of representation of people ACT 1976 provide as under (6)
The commision or commisioner may at any time for reason to be recoeded in writng
suspend any officer performing an duty in connection with election any administrative
law enforcement forces or any other .
(7) where the ECP suspend any officer under sub sec (6) the commision or commisoner
refer the matter to the appropriate authority for tackling disciplenery against such
officer.
6. Altimate election programe :
In term of sec 11A of representation of people act 1976.the ECP is empowered make alteraction
in the election programes with out making any reference to any authority.
7. Certain offences triable by officer authorized by commision:

According to sec 86A the representation of people Act 976bthe ECE empower any officer as first
class mujestrate of certain election offences.
8. Power of commision to punish for contempt.
9. Poling day and post poling actions.
103 commision to ensure fair elections.
Stop the poll
Review an order passed by an officer including rejection of ballot paper .
Exercise such poers which show that elections are fair and honestly conducted.
103 AA power of commsion to declare poll void

Deem necessary to declare poll void when all facts apparent on the face of record such
summary inquirey necessary match.
Not with stading the publication of the name of a returned candidate under SUB SEC4 of
sec 42 the commisio n may exercise the powers conford on it by sub sec 1 before the
explaination of 60 day affter such publication.
While excercising the powers conford on it by sub sec 1 the commision shall be deem to
a turbunnel to which an election petition has been presented and shall not with
standing any thing contained in regulate its own procedure.

Recomendation on Electoral reform:

1.

Restrictions on the role of President the Provincial Governers during

Election:

As per parlimentery traditions the president and the governer should not imlicity or
explicity support any political party or group in a public statement speech or a
meeting.It is therefore important that the law including electoral law be ammended to
provide for certain ristrictions on possible partisan of the President and Provincial
Governers on the light of spirit of the lahore high court judgement of 12th may 2011.
The President or governer should not attend any public meeting, rally or congregation
organized by or organized for the benefit of a political party.
The restrictions applicable on PM and Chief Ministers during a byy election or to a
caretaker PM or CM during a general election shuld be equally appreciated to the
President or Provicial Governers.
The President or Governer shoud not promise or announces any special package or
programme from public fund for any constituency or area at least 6 months preceedings
the schedule expiry of the term of national assembly, provincial assembly which ever
occurs earlier.

2. Election commision should ensure strict commpliance of laws relating to

control the governmentinfluence in elections:
It is therefore important that some arrangements be made to stop misuse of public funds on
early electioneering during the final year of govt before the general elections and to check the
possible diversion of publuc funds for the partisan elections.
3.

The election commision should exercise control ,supritendence and

disciplane on staff assigned to election commision for election duty and
training of polling staff:
Ecp purposed some modifications to the representations of the people ACT immediately before
the completion of the term of the 13th (2008-2013) national assembly but these ammendments
were niether actively taken up nor passed by the assembly.There is a need to revive these
purposals for the new 14th national assembly debate and pass the purposal ammendments in
order to sterngthen the control of ECP over the staff assigned for election duty.

4.

Independent of polling staff be assured:

It is purposed that as a minimum requred polling staff from one division should be appointed to
other division or district so that it may perform function free from local poerfull elements this
will certainly entail high cost it may also cause greater inconvienience to female staff but
exceptional cases may be terated exceptionly.

5.

Training of returning officers and polling staff needs to be improved:

ECP ensured that a more structured and focused training for both retuning and polling staff is
provided and that the training commence well in time to cover the entire range of the polling
staff.

6.

Training of polling agents to be deployed by political parties:

ECP in conjucton with the political parties should oraganise training of polling agents and
political parties shuld be add to moblise sufficient no of polling agents for the constituences
contested by there candidates.

7.

Election commsion should develop and implement a mechanism to moniter

and regulate spendings by political partiesduring election compaigns:
The supreme court of pakistan had constituted a media commision to inquire in to allegations
of media related corruption and suggeste steps to ensure impartial and independent media for
general elections 2013.The supreme court in its asked the election commision to note the
recommendations and implement them but no implementaion under taken bu ECP prior to the
provided to all parties and candidates because cost of advertising remain shrounded and
unknown.

8.

Increase the no of polling stations make them permanent:

It is purpossed that the no of polling stations should be increse for the convienience of voters
and to discharge the practice of candidate providing transportto voters and tis influencing
voters by use of maaterial resources .as for as possible pling stations should be at distance of
maximum 2km.

9. Use of thumb impression to check the bogus vooting:

Ecp should verify the thumb impression by selecting some polling stations as a last case it should
ammend the law to make it medatory to randomly select a certain no of counter facts of ballot
paper from each constituency after the elections and match the thumb impression with the
thumb impression available in NADRA data bank or national ID cards to asertain any mismatch
indicating bogus vote.

Positive voters identification using thumb impression before casting vote:

11. Post polling station wise statement of count on the ecp websites as soon as
it is received in the ECP:
12. Qualifications of the members of election commsion and chief election
commision:
10.

The duties of CEC and election commisioner are chiefly administrative in nature the qualification
of of CEC and EC members be modified to include person with admin experience and thoes who
may not have a judicial back ground .The following changes are purposed.
CEC and othe members of ecp donot have to be necessary from the judiciary.
Retired judges should not be appointed as election commisoner directly after
retirement.

A culture of consultation & dailogue b/w ECP and Political parties:

14. Electronic voting machine be employed:
15. Election turbunnel should decide the petition with in the 4 months period
subscribed in the law:
16. The system of appointing care taker setup should be reviewed:
13.

A political party which is a coalation partner may a part with govt immediately before
elctions and may win the position.
Under current system a caretaker PM or CM is the nominee of one of the two major
parties.
Their life is from 3 to 4 months a considerable part of this period is consumed in
earning.

17.Mechanism for voting over seas pakistanis:

18. Extend the period of scrutiny of candidate nomination papers:
19. Improve enforcebility of Article 62 and 63 of constitution:
20. Seperaate polling days :
21. Accountabilty of ROs and DROs: