The Election Commission of Pakistan is an independent and autonomous constitutional body charged with the function of conducting transparent, free, fair and impartial elections to the National and Provincial Assemblies. The holding of elections to the office of the President and the Senate are, however, the functions of the Chief Election Commissioner.
Under the existing laws the conduct of Local Government Elections is also the responsibility of the Chief Election Commissioner. Under the Election Commission Order, 2002 (Chief Executive's Order No 1 of 2002), the Election Commission consists of the Chairman (Chief Election Commissioner of Pakistan) and four Members each drawn from the sitting judges of the High Courts of their respective Provinces. All the executive authorities in the Federation and in the provinces are constitutionally duty bound to assist the Chief Election Commissioner and the Election Commission in the discharge of his or its functions.
NO EXECUTIVE INTERFERENCE:
The Election Commission of Pakistan enjoys full financial and administrative autonomy and works independently of all government control.
The Election Commission performs its functions without interference of the executive. The Election Schedule for the conduct of General Elections as well as for the bye-elections is decided by the Election Commission or, as the case may be, by the Chief Election Commissioner.
The preparation of polling schemes, the appointment of polling personnel, assignments of voters and arrangements for the maintenance of law and order are under the control, supervision and directions of the Election Commission.
The Supreme Court of Pakistan in its judgement reported as Election Commission of Pakistan v. Javed Hashmi (PLD 1989 SC 396) held that in election matters the Election Tribunals appointed by the Chief Election Commissioner have exclusive jurisdiction and the jurisdiction of all courts in such matters was excluded. However, this is subject to an exception that where no legal remedy is available to an aggrieved party during the process of election or after its completion, against an order of an election functionary which is patently illegal/without jurisdiction and the effect of which is to defranchise a candidate, he can press into service Constitutional jurisdiction of the High Court.
The Supreme Court of Pakistan has since then consistently followed this judgement. TRANSACTION OF BUSINESS:
The Commission transacts its business by holding meetings. All members of the Election Commission have equal status and say in the decisions of the Commission.
JUDICIAL REVIEW:
Judicial Review of the decisions of the Election Commission can be sought in the High Court and the Supreme Court of Pakistan if the order suffers from a jurisdictional defect or is mala fide or coram non judice.
BUDGET AND EXPENDITURE:
The Budget of the Election Commission is provided by the Federal Government. Any re-appropriation within the sanctioned Budget can be done by the Chief Election Commissioner without making any reference to the Finance Division.
Funds required for preparation of electoral rolls and the conduct of General Elections and bye-elections are provided in lump sum by the Finance Division according to the requirements of the Election Commission. Further distribution of funds to the various functionaries is done with the approval of the Chief Election Commissioner.
ELECTORAL SYSTEM IN PAKISTAN:
INTRODUCTION:
The Parliament of Pakistan consists of the President and two Houses to be known respectively as National Assembly and the Senate. The National Assembly consists of 342 Seats including 60 seats reserved for Women and 10 Seats reserved for Non-Muslims. The Senate consists of 100 Members including 17 Seats reserved for Women and 17 Seats reserved for Technocrats and Ulema. The Members of the National Assembly are elected for a term of 5 years whereas the Members of the Senate are elected for a term of 6 years with staggered elections every 3 years.
ELECTION COMMISSION OF PAKISTAN:
For the purpose of elections to both Houses of 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 Parliament by Order of the President, a permanent Election Commission is constituted by the President comprising the Chief Election Commissioner as its Chairman and 4 Members, each of whom is a Judge of High Court, appointed by the President after consultation with the Chief Justice of High Court concerned and with the Chief Election Commissioner.
DUTIES OF ELECTION COMMISSION:
The Election Commission constituted in relation to an election has been charged with the duty to organise and conduct the election an 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.
CHIEF ELECTION COMMISSIONER:
The Chief Election Commissioner is appointed by the President, in his discretion, for a term of 3 years. A person who is or has been, a Judge of Supreme Court or is, or has been a Judge of a High Court and is qualified to be appointed as a Judge of the Supreme Court of Pakistan is appointed as Chief Election Commissioner. The Chief Election Commissioner enjoys security of tenure and financial autonomy.
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