Election Commission of Pakistan
The Election Commission of Pakistan is an independent, autonomous, permanent and constitutionally established federal body responsible for organizing and conducting elections to the national parliament, provincial legislatures, local governments, and the office of president of Pakistan, as well as the delimitation of constituencies and preparation of electoral rolls. As per the principles outlined in the Constitution of Pakistan, the Commission makes such arrangements as needed to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and guard against corrupt practices. The Election Commission was formed on 23 March 1956.
The Chief Election Commissioner and four Members, each from one of the four provinces of the country, form the five-member panel of the Election Commission. The current Chief Election Commissioner of Pakistan is . The General Elections 2018 and General Elections 2024 were performed under the Elections Act 2017, which was passed by the National Assembly on 2 October 2017.
Based on recommendation, the Election Commission made available voters’ data on 8300 Short Message Service gained national and international acceptance and appreciation by making Pakistan pioneer in the World. The London-based international organization International Centre for Parliamentary Studies awarded ECP/Pakistan two International Awards i.e. ‘Use of Innovative Technology Award’ and ‘Accessibility Award’ in Kuala Lumpur, Malaysia, December 2013 during an international competition. Similarly, another international award was given to the ECP on preparing voters list following international standards based on Unique Identifier i.e. CNIC in Cape Town, South Africa, December 2014.
The Commonwealth organization in its Report March 2020 acknowledged and appreciated the technological efforts made by the ECP / Pakistan by conducting various pilot projects on Electronic Voting Machines, Biometric Verification Machines and Overseas Voting using Internet mode of voting in appropriated manner. In the same report, The Commonwealth Org also recognized the 8300 SMS service which has been successfully operational since February 2012. The service has been declared the biggest voters’ database, comprising more than 128.8 million voters for mobile customers of 190 million in the country. Currently, more than 128.8 million database of voters are placed on ECP's prestigious SMS for over 190 million mobile customers of the country. The said service is highly secured and available 24/7/365.
London based ICPS awarded two International Awards to ECP being pioneer in the World as to declared said service for public at large keeping the highest standards of individual privacy and security of the data. So far now, about more than 300 million hits received over 8300 SMS and people checked their voting details.
Function and duties
The functions and duties of the Election Commission of Pakistan are defined and set by the Constitution of Pakistan in Article 219, which charges the commission with the following duties:- To prepare electoral rolls for elections to the National and Provincial Assemblies and revising such rolls annually ;
- To organize and conduct election to the Senate and fill casual vacancies in a House or a Provincial Assembly ;
- To organize and conduct election to the Local Government institutions ;
- To appoint Election Tribunals. ;
- To decide cases of disqualification of members of Parliament and Provincial Assemblies under ; and ; of the Constitution on receipt of reference from the Chairman or the Speaker or Head of the political party, as the case may be;
- To hold and conduct election to the office of the President as per Second Schedule to the Constitution of the Islamic Republic of Pakistan ;
- To hold Referendum as and when ordered by the President.
Autonomy and independence
In its ruling in the case Election Commission v. Javed Hashmi, the Supreme Court held that "in the election matters the Election Tribunals which are to be 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 when there is no legal remedy is available to an aggrieved party during the process of election or after its completion and is against an order of an election functionary which is patently illegal jurisdiction, the effect of which is to disenfranchise a candidate. In such a case, candidate can press into service Constitutional jurisdiction of the High Court. The Supreme Court of Pakistan has since then consistently followed this judgment.
Members
The ECP has a four-member panel from all the four provinces and four Provincial Election Commissioners. 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.The President of Pakistan appoints the Chief Election Commissioner of Pakistan and four members of Election Commission. The Prime Minister of Pakistan and Leader of the Opposition in the National Assembly of Pakistan recommends three names for appointment of CEC and for each Member to a parliamentary committee for hearing and confirmation of any one person against each post.
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 Courts and the Supreme Court of Pakistan if the order suffers from a jurisdictional defect or is mala fide—in bad faith—or is coram non judice, that is, performed without jurisdiction.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 by-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.
General election forms
Form 45
Form 45, often referred to as the Result of the Count, is crucial for giving detailed information at the polling station level. It includes data such as the polling station's identification, the name of the constituency, the total number of registered voters, the total votes cast, and a detailed breakdown of the votes received by each candidate. It bears the signature and thumbprint of the presiding officer of a polling station and his senior-most assistant, as well as the signatures of observing polling agents of each candidate. An original copy of Form 45 is given to each polling agent present, as well as any independent election observers viewing the counting process. The form is then transmitted to the concerned returning officer for consolidation with other such forms for an electoral district, as well as being prominently displayed at the relevant polling station.Form 46
Form 46, also referred to as Ballot Paper Account, is to track the logistics of ballot papers at a polling station. It records the number of ballot papers that were received at the polling station, the number that were issued, and accounts for any ballots that were challenged, spoiled, or voided. The form also highlights any irregularities that may have occurred during the voting process. Like Form 45, it is issued by the presiding officer of a polling station at the end of a vote count. The form is similarly signed, thumbprinted, and then shared with the polling agents and election observers before finally being transmitted to the RO.After both Form 45 and 46 are issued, the presiding officer seals all polling material, including used and unused ballots, counterfoils, marked voter lists, and challenged ballots, in specially designated envelopes in the presence of all observers. These materials are then kept at the polling station pending any further statutory use, like in a vote recount.