A. Election to reserved seats in an assembly
B. Offences, penalties and procedures
C. Conduct of elections to the local governments
Caretaker government
Correct Answer: Offences, penalties and procedures ✔
Last Updated: October 05, 2021
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- ECP shall retain election-related documents in tamper-evident sealed bags in storage space under its control at appropriate places.
- All election-related documents including Statements of Count and Ballot Paper Accounts, except the ballot papers, shall be public documents and may be inspected or copies thereof obtained.
- ECP may also undertake pilot projects for voting by Overseas Pakistanis.
- ECP may conduct pilot projects for utilization of electronic voting machines (EVMs) and biometric voters’ identification system in bye-elections in addition to the existing manual procedures for voter verification, casting and counting of votes to assess their technical efficacy, secrecy, security and financial feasibility.
- A person with any physical disability who is unable to travel and holds a National Identity Card with a logo for physical disability issued by the National Database and Registration Authority may be able to cast their votes now by postal ballot.
- While scrutinising a nomination paper, the Returning Officer shall not ask any question which has no nexus to the information, supplied or received or objections raised by any person, or tangible material on record.
- If the victory margin between the returned candidate and runner-up candidate is less than 5% of the total votes polled or 10,000 votes, whichever is less, the Returning Officer shall recount all the votes on the request of a contesting candidate before commencement of the consolidation of the results.
- In case of equality of votes between two candidates, both will be declared returned candidates and each shall become Member for half of the term of the Assembly. The candidate who will be Member for the first half of the term will be determined by draw of lots. In case of equality of votes between three or more candidates, there shall be re-election in the constituency.
- ECP shall prepare a gender disaggregated statement of voters showing the total number of votes cast by men and women voters at the polling station.
- If a candidate, not being the returned candidate, obtains less than one-fourth of the total votes polled in the constituency, the sum deposited by him or on his behalf shall stand forfeited in favour of the Government.
- District Monitoring Teams of the ECP shall monitor election expenses. ECP may impose fines in case of violation of the Act or the Rules.
- In case of failure to file the return of election expenses, the ECP may direct prosecution of the defaulting candidate for the offence of illegal practice.
- Return of election expenses shall be scrutinized by the ECP.
- A candidate may file an election petition directly with the Election Tribunal.
- The ECP may, in consultation with political parties, frame a Code of Conduct for political parties , contesting candidates, election agents and polling agents. The Commission may also frame a Code of Conduct for security personnel, media and election observers.
- A political party shall submit to the ECP annual financial statement and list of donors who have donated Rs. 100,000 and above to the political party.
- Symbols allocated to the political parties and candidates should be visibly different from each other.
- If an enlisted political party fails to comply with the provisions of the Act, it will be disentitled for allocation of symbol for the election.
- The office-bearers of a political party at the federal, provincial and local levels shall be elected periodically provided that a period, not exceeding five years, shall intervene between any two elections.
- ECP shall conduct awareness/media campaigns for registration of women voters and their participation in elections.
- If the variation in the number of men and women voters in a constituency is more than 10% special measures will be taken by ECP to reduce such variation.
- ECP shall annually publish disaggregated data of registered men and women voters in each National Assembly and Provincial Assembly constituency highlighting the difference in number of registered men and women voters.
- If the turnout of women voters is less than 10% of the total votes polled in the constituency, ECP may presume that women have been restrained through an agreement from casting their votes and may declare polling at one or more polling stations, or election in the whole constituency void.
- Political parties shall award at least 5% party tickets to women candidates on general seats.
- Political parties shall encourage women membership.
- As far as practicable, the distance between a polling station and the voters assigned to it shall not exceed one kilometer.
- An election official shall, before the commencement of his election duty, make an oath, in such form and manner as may be prescribed, that he shall act strictly in accordance with the provisions of the Elections Act, 2017, Rules and directions of the ECP.
- On the application of a candidate or his election agent, the District Election Commissioner or any officer authorized in this behalf by the ECP shall provide to a candidate or an election agent a hard and searchable soft copy on a universal serial bus (USB) in portable document format (PDF) or any other tamper-proof format of the final electoral roll with photographs of the voters and shall ensure that the copy is the same as provided to the Returning Officer and Presiding Officers.
- NADRA shall transmit relevant data of every CNIC issued by it to the ECP so that every citizen who obtains a CNIC from NADRA can automatically be enrolled as a voter at his permanent or temporary address on the basis of his option in the application for issuance of CNIC.
- Variation of population amongst constituencies in the same Assembly from the same province or territory has been restricted to 10%.
- ECP shall delimit constituencies after every census.
- A post-election review of the implementation of the Action Plan shall be included in the next annual report of the ECP.
- Some degree of accountability of the ECP has also been built into the Elections Act, 2017; the ECP is now required to submit an annual report within 90 days after the end of every calendar year that will be laid in each house of the parliament and each provincial assembly.
- The ECP shall conduct training programs for election officials and take measures to promote public awareness regarding laws and best practices
- The ECP has been empowered to delegate its functions to its members and officials.
- The ECP shall establish a transparent Results Management System for expeditious counting, compilation and dissemination of election results
- The ECP has been authorized to redress complaints/grievances during various stages of the election process (other than challenge to the election itself under Article 225). Its decisions will be appealable to the Supreme Court of Pakistan
- The ECP shall prepare a comprehensive Action Plan four months before the elections specifying all legal and administrative measures that have been taken or are required to be taken
- As per the previous law, the Election Commission Order, 2002, Section 9E, approval of the President had to be sought to make Rules. Now, ECP has been empowered to make Rules without prior approval of the President or the Government. Rules will be subject to prior publication, seeking suggestions etc. within 15 days of such publication.
- The ECP will have full administrative powers to control transfer of election officials during elections and take disciplinary action against them for misconduct.
- The ECP has been empowered to issue specific directions for performance of its duties, which shall be enforced throughout Pakistan in the same manner as if these have been issued by a High Court
- The Commissioner will have full financial powers, including power to create posts within its approved budgetary allocations.
- All expenditure of ECP will be charged upon the Federal Consolidated Fund within the meaning of Article 81 of the Constitution