CHIEF EXECUTIVE'S ORDER NO. 3 OF 2002

WHEREAS pursuant to the announcement for restoration of democracy by the President on the fourteenth day of August, 2001, it is expedient to provide for the holding of general elections in the country for the election of the members of the National Assembly and the Provincial Assemblies and the matters connected therewith and ancillary thereto;

AND WHEREAS updated electoral rolls are to be prepared and delimitation of constituencies is to be carried out in view of the increase in the number of seats in the Assemblies;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, and in exercise of all other powers enabling him in that behalf, the Chief Executive of the Islamic Republic of Pakistan is pleased to make and promulgate the following Order: -

1. Short title, extent and commencement.

(1) This Order may be called the Conduct of General Elections Order, 2002.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Definitions.

In this Order, unless there is anything repugnant in the subject or context,-

(a) "Chief Election Commissioner" means the Chief Election Commissioner appointed under the Election Commission Order, 2002 (Chief Executive's Order 1 of 2002);

(b) "Constitution" means the Constitution of the Islamic Republic of Pakistan 1973, which is in abeyance by virtue of the Proclamation of Emergency of the fourteenth day of October, 1999; and

(c) "prescribed" means prescribed by rules made under this Order.

3. Order to override other laws.

The provisions of this Order shall have effect notwithstanding anything contained in the Constitution or in any other law for the time being in force relating to the forthcoming elections to the National Assembly and the Provincial Assemblies.

4. Conduct of General Elections.

Subject to the Election Commission Order, 2002 (C.E.'s Order No. 1 of 2002) and notwithstanding anything to the contrary contained in the Constitution, the Electoral Rolls Act, 1974 (XXI of 1974), the Delimitation of Constituencies Act, 1974 (XXXIV of 1974), the Representation of the People Act, 1976 (LXXXV of 1976) and the Houses of Parliament and Provincial Assemblies (Elections) Order, 1977 (PPO No. 5 of 1977), or any other law for the time being in force, the Chief Election Commissioner or, as the case may be, the Election Commission shall take such steps and measures, including preparation of electoral rolls and delimitation of the constituencies, and adopt such procedure, do such acts, pass such orders, issue such direction and take all such ancillary, incidental and consequential steps as may be deemed necessary for effectively carrying out the elections for the members of the National Assembly and Provincial Assemblies in October, 2002.

5. Number of seats in the National Assembly.

(1) There shall be three hundred and fourty-two seats of the members in the National Assembly, including seats reserved for women and Non-Muslims.

(2) The seats in the National Assembly referred to in clause (1) except as provided in clause (3), are allocated to each Province, the Federally Administrated Tribal Areas and the Federal Capital as under:-

 

  General Seats Women Total
Baluchistan 14 3 17
Federally Administrated Tribal Areas 12 - 12
Federal Capital 2 - 2
North-West Frontier Province 35 8 43
Punjab 148 35 183
Sind 61 14 75
Total 272 60 332

(3) In addition to the number of seats referred to in clause (2), there shall be in the National Assembly ten seats for Non-Muslims as defined in Article 260 of the Constitution.

(4) For the purpose of election to the National Assembly;-

(a) the constituencies for the election on general seats shall be single member territorial constituencies;

(b) the members to fill the general seats in the National Assembly shall be elected by direct and free vote;

(c) the constituencies for the seats reserved for women and technocrats shall be such that each Province forms one constituency with as many such seats as are allocated to the Provinces under clause (2); and 

(d) the members to fill seats reserved for women and technocrats which are allocated to a Province under clause (2) shall be elected simultaneously through proportional representation system of open political parties' lists of candidates on the basis of total votes secured by the candidates of each political party contesting elections to the general seats:

Provided that a political party securing less than ten per centum of the total votes cast in the election on general seats shall not be entitled to any seat:

Provided further that where only one political party secures ten per centum or more of the total votes cast and all other political parties secure less than ten per centum of the total votes cast, then the first proviso shall have effect as if for the word "ten" therein the word "five" were substituted:

Provided also that where all the political parties individually secure less than ten per centum of the votes cast, then the first proviso shall have effect as if for the word "ten" therein the word "five" were substituted.

 

6. System of elections.

The elections for the members of the National Assembly and the Provincial Assemblies shall be held on the basis of joint electorate.

7. Laws relating to election etc.,

To apply.- Notwithstanding anything contained in the Constitution, the Electoral Rolls Act, 1974 (XXI of 1974), the Delimitation of Constituencies Act, 1974 (XXXIV of 1974) and the Representation of the People Act, 1976 (LXXXV of 1976) and any rules made thereunder, for the time being in force, shall, in so far as they are not inconsistent with any provision of this Order, apply to the preparation and revision of electoral rolls, the delimitation of constituencies, the choosing of a member from the Federal Capital, the appointment of election tribunals and the conduct of elections to the National Assembly and the Provincial Assemblies.

8. Power to make rules.

(1) The President may make rules for carrying out the purposes of this Order.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for the procedure of election on the seats reserved for women and technocrats.


9. Removal of difficulties.

(1) If any difficulty arises in giving effect to any of the provisions of this Order, the President may make such provisions for the removal of the difficulty as he may deem fit.

(2) For the purpose of bringing the provisions of the Constitution and of any of the laws relating to elections to the National Assembly and the Provincial Assemblies into accord with the provisions of this Order, the President may by Order, make such adaptations, modifications, additions or omissions as he may deem necessary or expedient.

(3) Any court, tribunal or authority empowered to enforce any of the laws referred to in clause (2) shall, notwithstanding that no adaptations have been made in such law by an Order made under that clause, construe the law with all such adaptations as are necessary to bring it into accord with the provisions of this Order.