Part 7: Elections

Part 7: Elections

Chapter 1. Chief election commissioner and election commissions

Article 147

(1) There shall be a Chief Election Commissioner (in this Part referred to as the Commissioner), who shall be appointed by the President.

(2) The Commissioner shall have such powers and functions as arc conferred on him by this Constitution and law.

Article 148

Before he enters upon his office, a Commissioner shall make before the Chief justice of the Supreme Court an oath in such form set out in the First Schedule as is applicable to his office.

Article 149

A Commissioner shall be entitled to the same salary and allowances as a Judge of the Supreme Court and his other terms and conditions of service shall be determined by Act of the Central Legislature or, until so determined, by rules made by the President.

Article 150

(1) A Commissioner shall, subject to this Article, hold office for a term of three years from the date on which he enters upon his office.

(2) A Commissioner shall not be removed from office except in the manner prescribed in clauses (5) and (6) of Article 128 for the removal from office of a Judge, and in the application of those clauses for the purposes of this clause, any reference in those clauses to a Judge shall be read as a reference to the Commissioner.

(3) An Assembly may, through the Speaker of the Assembly, request the President to cause the conduct of the Commissioner to be inquired into by the Supreme Judicial Council.

(4) A Commissioner may resign his office by writing under his hand addressed to the President.

Article 151

(1) A 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,

but this clause shall not be construed as preventing a Commissioner from holding or managing his private property.

(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 ceased to hold that office.

(3) Notwithstanding clause (2) of this Article, a person who has held office as Commissioner may, with the concurrence of the National Assembly, be re-appointed to that office before the expiration of two years after he ceased to hold that office.

Article 152

At any time when-

(a) the office of Commissioner is vacant; or

(b) the Commissioner is absent or is unable to perform the functions of his office due to illness or some other cause, a Judge of the Supreme Court nominated by the Chief Justice of that Court shall act as Chief Election Commissioner and perform the functions of that office.

Article 153

(1) For the purposes of-

(a) each election for the office of President;

(b) each general election of the members of an Assembly; and

(c) each referendum required to be held under this Constitution, an Election Commission shall be constituted in accordance with this Article.

(2) An Election Commission shall consist of-

(a) the Commissioner, who shall be Chairman of the Commission and

(b) a judge of the High Court of the Province of East Pakistan and a judge of the High Court of the Province of West Pakistan, each of whom shall be 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 an Election Commission constituted in relation to an election or referendum to conduct the election or referendum, and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with the law and that corrupt practices are guarded against.

Article 154

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 any Election Commission, and for their terms and conditions of employment.

Chapter 2. The electoral college and the constituencies

Article 155

(1) Each Province shall, in accordance with law, be divided into not less than forty thousand territorial units, which shall be known as electoral units.

(2) The number of electoral units in each Province shall be the same.

Article 156

An electoral roll shall, in accordance with law, .be established and maintained for each electoral unit.

Article 157

Except as provided by law, any citizen-

(a) who is not less than twenty-one years of age;

(b) who is not of unsound mind; and

(c) who is a resident of, or who is deemed by law to be a resident of, an electoral unit,

shall be entitled to be enrolled on the electoral roll for that electoral unit.

Article 158

(1) The persons enrolled on the electoral roll for an electoral unit shall, in accordance with law, from time to time elect from amongst themselves a person who is not less than twenty-five years of age, who shall be known as the Elector for that unit.

(2) The Electors for all electoral units in both Provinces shall together constitute the Electoral College of Pakistan and shall be known as the members of the Electoral College.

(2A) Every Electoral College shall continue for five years from the date on which it is, or is deemed by law to be, constituted and shall, on the expiration of the said period, stand dissolved.

(3) Provision may be made by law for prescribing the * * * terms and conditions subject to which, Electors shall remain members of the Electoral College.

(4) The members of the Electoral College shall, in addition to their functions under this Constitution, have such other functions as may be conferred on them by law and, in particular, provision may be made by law for conferring on members of the Electoral College functions in relation to matters of local government.

[(5) Where functions in relation to matters of local government have been conferred by law on the members of the Electoral College under clause (4), such members shall, not-withstanding the dissolution of the Electoral College under clause (2A), continue to perform such functions until such date as may be provided by such law.]

Article 159

As soon as is practicable after he has been elected, an Elector shall, in the manner prescribed by law, make an oath in such form set out in the First Schedule as is applicable to members of the Electoral College.

Article 160

(1) The Commissioner shall, in accordance with law, from time to time arrange the electoral units of each Province into groups (which shall be known as Provincial Constituencies), so that there are one hundred and fifty such Constituencies in each Province and so that each such Constituency is one undivided area.

(2) The Electors for the electoral units included in a Provincial Constituency shall be the constituents for one seat (not being a seat reserved exclusively for women) in the Assembly of the Province in which the Constituency is included.

Article 161

(1) The Commissioner shall also, in accordance with law, from time to time arrange the electoral units of each Province into other groups (which shall be known as Central Constituencies), so that there are seventy-five such Constituencies in each Province and so that each such Constituency is one undivided area.

(2) The Electors for the electoral units included in a Central Constituency shall be the constituents for one seat (not being a seat reserved exclusively for women) in the National Assembly.

Article 162

(1) For the purposes of the election of members to the seats in the Provincial Assemblies reserved exclusively for women, the Commissioner shall, in accordance with law, from time to time divide each Province into five zones.

(2) For the purposes of the election of members to the seats in the National Assembly reserved exclusively for women, the Commissioner shall, in accordance with law, from time to time divide each Province into three zones.

Article 163

It shall be the duty of all executive authorities to assist the Commissioner and any Election Commission in the discharge of his of its functions.

Chapter 3. Conduct of elections and referendums

Article 164

Elections and referendums required to be held under this Constitution shall, subject to this Constitution, be conducted and decided in such manner as may be provided by law.

Article 165

(1) An election for the office of President shall be decided by the votes of the members of the Electoral College.

(2) Subject to clauses (3) and (4) of this Article, an election for the office of President shall be held within the period of one hundred and twenty days immediately preceding the day on which the terms of office of a President is due to expire, and the results of the election shall be declared not later than fourteen days before that day, but the person elected shall not enter upon the office of President before that office is vacant.

(3) When a President dissolves the National Assembly, an election for the office of President shall be held within the period of one hundred and twenty days after the dissolution, but polling at the election shall not take place until sixty days have elapsed from the date of the dissolution.

(4) When a President ceases to hold office (otherwise than following a dissolution of the National Assembly) before the expiration of his term of office, an election for the office of President shall be held within the period of ninety days after he ceases to hold office.

(5) When a person, having been elected as President, fails to enter upon his office, an election to elect another person in his place shall be held as soon as is practicable.

(6) Where a person validly nominated as a candidate for election to the office of President dies before the completion of the election, all proceedings relating to that election shall be commenced anew as if for a new election and shall be completed within a period of one hundred and twenty days following such death.

Clause 6 was added by the Constitution (Second Amendment) Act. 1964 (6 of 1964), Section 7

Article 166

(1) Except as provided by this Article, a person who is, and has for a continuous period of more than eight years, been holding office as President is not eligible to be re-elected as President.

(2) If a person referred to in clause (1) of this Article is a candidate for election to the office of President, the Commissioner shall inform the Speaker of the National Assembly of the candidature, and the Speaker shall forthwith convene a joint sitting of the members of the National Assembly and of the Provincial Assemblies (or, if the National Assembly stands dissolved, of the Provincial Assemblies only) to consider the candidature.

(3) If the majority of the members present at the joint sitting, by secret ballot, approve of the candidature, the President shall be eligible for re-election.

(4) Clauses (2) and (3) of this Article do not apply at a time when a Provincial Assembly stands dissolved.

Article 167

(1) If the number of candidates for election to the office of President exceeds three, the Commissioner shall select inform the Speaker of the National Assembly of the fact, and the Speaker shall forthwith convene a joint sitting of the members of the National Assembly and of the Provincial Assemblies (or, if the National Assembly stands dissolved, of the Provincial Assemblies only) to select three of the candidates for election.

(2) The members present at the joint sitting shall, by secret ballot, select three of the candidates for election, and any candidate not selected shall not be eligible for election.

(3) A candidate may address the members present at the joint sitting and may be questioned by any of those members.

(4) Where the person holding office as President is a candidate for election, his candidature shall be disregarded for the purposes of this Article.

(5) This Article does not apply at any time when a Provincial Assembly stands dissolved.

Article 168

(1) The election of a person to a seat (not being a seat reserved exclusively for women) in the National Assembly or a Provincial Assembly shall be decided by the votes of the constituents for that seat.

(2) A general election of members of the National Assembly or a Provincial Assembly shall be held within the period of one hundred and twenty days immediately preceding the day on which the term of the Assembly is due to expire (unless the Assembly has been sooner dissolved), and the results of the election shall be declared not later than fourteen days before that day.

(3) When an Assembly is dissolved, a general election of members of the Assembly shall be held within a period of [one hundred and twenty] days after the dissolution.

Article 169

(1) After a general election of members of a Provincial Assembly, the persons elected as members shall, before the first meeting of the Assembly, elect five members to the seat in the Assembly reserved exclusively for women, so that there is one woman member for each zone referred to in clause (1) of Article 162.

[(2) After a general election of the Members of the National Assembly, the Members of that Assembly elected from each Province shall, before the first meeting of that Assembly, elect three Members to the seats in the National Assembly reserved exclusively for women for that Province, so that there is one woman Member representing each zone formed under clause (2) of Article 162.]

Article 170

Where, except by dissolution of an Assembly, a seat in an Assembly has become vacant not later than one hundred and eighty days before the term of the Assembly is due to expire, an election to fill the seat shall be held within such time as may be prescribed by law.

Article 171

(1) Subject to clause (2) of this Article, provision may be made by law-

(a) for disputes arising in connection with the counting of votes at an election or referendum required to be held under this Constitution to be finally determined by the Commissioner or an Election Commission; and

(b) for other disputes arising in connection with such an election or referendum to be finally determined by a tribunal established for that purpose;

and no dispute arising in connection with such an election or referendum shall be decided otherwise than under such a law, and the validity of such an election or referendum shall not be called in question except in accordance with such a law.

(2) When a person has been declared to have been elected as president, the validity of the election shall not be called in question in any manner before or by any Court or authority whatsoever.

(3) The validity of anything done by the Commissioner under Article 160, 161 or 162 shall not be called in question in any manner before or by any Court or authority whatsoever.

Article 172

All elections and referendums under this Part shall be decided by secret ballot.

Article 173

Except as permitted by Act of the Central Legislature, any person who, in connection with an election required to be held under this Constitution, holds out himself or any other person as being a member of, or as having the support of, political party or any similar organisation shall be punishable in such manner as may be prescribed by Act of the Central Legislature, but provision shall be made by law for ensuring-

(a) that each candidate at an election has the opportunity, and so far as is practicable, equal opportunity with other candidates, of addressing the persons who are entitled to vote at the election; and

(b) that the persons entitled to vote at the election have the opportunity of questioning each candidate, face to face.

[Explanation-In clauses (a) and (b) of this Article, "election" does not include an election to the Electoral College.]

Explanation was added by the Constitution (Second Amendment) Act, 1964 (6 of 1964), Section 10.

Article 173A

Nothing in this Part or any other provision of the Constitution relating to elections shall apply to the Tribal Areas; but the President may, by Order, make such provision for the representation of the Tribal Areas in the Electoral College, in the National Assembly and in the Provincial Assembly of West Pakistan as he may deem fit.

This Article was added by the Constitution (Second Amendment) Act, 1964 (6 of 1964), Section 11.

Source: Documents and Speeches on the Constitution of Pakistan
By G. W. Choudhury (1967). Green Book House, Dacca (East Pakistan)

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