IAS PASSED BY THE MAJLIS.E.
SHOORA
(PARLIAIVIENT}]
A
Bill
further to amend the Etections Act, 2017
WHEREAS, it is expedient further to amend the Elections Act, 2OL7 (XXXIII
of 2OL7), in the manner and for the purposes hereinafter appearing;
It is hereby enacted as follows: -
1. Short title and commencement. (1) This Act shall be called the
Elections (Amendment) Act, 2023.
(2) It shall come into force at once.
2. Amendment of section 57, Act XXXIII ol 2OL7.- In the Election Act,
2OL7 (XXXIII of 2OL7), hereinafter referred to as said Act, in section 57,for
sub-section (1), the following shall be substituted namely:-
"(1) Subject to the Constitution2the Commission shall by
notification in the official gazette announce the date or dates, as the
case may be, of the general elections."
3. Amendment of section 58, Act XXXIIr ol 2fJ7.7.- In the q6,id Act, in
section 58, for sub-section (1), the following shall be substituted, narnely: -
"(1) Subject to the ConstitutioyNotwithstanding anything contained
in section 57, the Commission may, at any time after the issuance of the
notification under sub-section (1) of that section, make such alterations in
the election programme announced in that notification for different stages
of the election or may issue a fresh election programme with fresh poll date
or dates as may, in its opinion to be recorded in writing, be necessary for
the purposes of this Act.".
"4, Substitution of section 2g2t Act XXXIII of 201.7.- In the said Act, for
section 232, the following shall be substituted and shall, notwithstanding anything
contained in sub-section (3) of section 1 of the said Act, always be deerned to
have been so substituted on and from commencement of the Constitution
(Eighteenth Amendment) Act, 2010 (X of 2010), namely; -
"232. Qualifications and disqualifications.- (1) .The qualifications
and disqualifications of a person to be elected, chosen or to remain as a
member of the Majlis-e-Shoora (Parliament) or a Provincial Assembly shall
be such as provided for in Articles 62 and 63 of the Constitution:
Provided that the procedure, manner and duration of the
qualifications and disqualifications under this section shall be such as
specifically provided for in the relevant provisions of Articles 62 and 63 of
the Constitution and where no such pro.ddur", manner or duration has been
provided for therein, the provisions of this Act shall apply.
2
(2) Notwithstanding anything contained in any other provisions of
this Act, any other law for the time being in force and judgment, order or
decree of any court, including the Supreme Court and a High Court, the
disqualification of a person to be elected, chosen or to remain as a member
of the MaJlis-e-Shoora (Parliament) or a Provincial Assembly under
paragraph (f) of clause (1) of Article 62 of the Constitution shall be for a
period not exceeding five years from the declaration by the court of law in
that regard and such declaration shall be subject to the due process of law.",
STATEMENT OF OBJECTS AND REASONS
Afticle 218 (3) of the Constitution envisages duty of , the Election
Commis$ion of Pakistan to organize and conduct the elections and 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. The Election Commission of Pakistan enjoys administrative and functional
autonomy under the provisions of the Constitution and the Elections Act, 2Ot7
which facilitate the ECP in fulfilling its core obligation of free and fair elections. To
further strengthen the Commission, amendments in Section 57(1) and 58(1) are
required,to be made allowing ECP to announce poll date(s) for general election at
its own, suhiject to the Constitution.
2. Farliamentary Committee constituted by the Chairman of the Senate,
also examinelJ the proposed amendments and recommended that the Federal
Government shall initiate the process of tabling the legislation for the purpose,
subject to the Constitution.
3. ffib gitl seeks to achieve the above objects.
riit
(MURTAZA JAVED ABBAST)
Minister for Parliamentary Affairs
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