Election Act, 2017

Chapter I

●​ The Election Act of 2017 applies to all of Pakistan.

●​ According to the Election Act 2017, an aalim is a Muslim scholar.
●​ In the context of the Election Act 2017, an Article means an Article of the Constitution.
●​ A bye-election is an election to fill a casual vacancy.
●​ A candidate is a person who has been proposed and seconded for election as a Member,
or is seeking election as a Member.
●​ In the Election Act 2017, the term Code refers to the Code of Criminal Procedure, 1898
(Act V of 1898).
●​ Commission means the Election Commission of Pakistan as established under Article
218.
●​ The Chief Election Commissioner is appointed under Article 213.
●​ The Acting Chief Election Commissioner is defined and appointed by Article 217.
●​ A constituency is defined as a constituency delimited under the Election Act 2017.
●​ The Constitution is the Constitution of the Islamic Republic of Pakistan.
●​ A contesting candidate is a validly nominated candidate who has not withdrawn their
candidature.
●​ An Election agent is a person appointed by a candidate to act as their election agent, or
if no one is appointed, the candidate acting as their own election agent.
●​ The Government of Pakistan is responsible for election expenses in a general election.
●​ Election observers are people authorized by the Commission to observe an election's
conduct.
●​ An election official is defined as an officer of the Commission, a District Returning
Officer, a Returning Officer, an Assistant Returning Officer, a Presiding Officer, an
Assistant Presiding Officer, a Polling Officer, or any officer from law enforcement or other
agencies appointed for election duties.
●​ The President announces the date(s) of general elections after consulting with the
Commission.
●​ An Election Programme is an Election Programme that has been notified by the
Commission under the Act.
●​ An electoral roll is a roll prepared, revised, or corrected under the Act, including those
from the Electoral Rolls Act 1974 (XXI of 1974).
●​ Government includes the Federal Government, Provincial Government, or a local
government.
●​ A local government is an entity established by law, regardless of its name.
●​ NADRA stands for National Database and Registration Authority. NADRA was constituted
under the National Database and Registration Authority Ordinance, 2000 (VIII of 2000).
●​ A political party is an association of citizens or a group of such associations formed to
propagate or influence political opinion and to participate in elections for a public office or
a legislative body.
●​ Population refers to the population according to the most recently and officially published
 census.
●​ A Presiding Officer is a person appointed for a polling station and includes an Assistant
Presiding Officer who is performing the functions of a Presiding Officer.
●​ PO stands for Presiding Officer.
●​ APO stands for Assistant Presiding Officer.
●​ A Registration Officer is a person appointed under the Act and includes an Assistant
Registration Officer performing the same functions.
●​ A returned candidate is a candidate who has been declared elected as a Member.
●​ A Revising Authority is a person appointed to hear and resolve claims, objections, and
correction applications related to electoral rolls.
●​ The Returning Officer cannot appoint someone who is or has been employed by a
candidate as a Presiding Officer, Assistant Presiding Officer, or Polling Officer.
●​ Rules are rules made under the Act.
●​ A technocrat is someone who holds a degree requiring at least 16 years of education
recognized by the Higher Education Commission and has a minimum of 20 years of
experience, including national or international achievements.
●​ The duties of a Returning Officer include performing all necessary actions for the
effective conduct of the poll, as required by the Act, its Rules, and the Commission's
directions.
●​ A validly nominated candidate is a candidate whose nomination paper has been
accepted.

Chapter II

●​ Chapter II of the Election Act deals with the Election Commission of Pakistan.
●​ The Commission has the authority to regulate its own procedure for performing its
functions and duties.
●​ The Commission has the power to issue necessary directions or orders, including those
for achieving complete justice or for securing a person's attendance or the production of
documents.
●​ The Commission may delegate its powers and functions to the Commissioner, a member,
or any of its officers.
●​ An electoral roll remains in force from its final publication until it is revised.
●​ A Provincial Government, deputy commissioner, political agent, or head of a district
administration must, upon the Commission's request, requisition vehicles or other
transportation needed for transporting ballot boxes, election materials, or election officials.
●​ The National Database and Registration Authority (NADRA) can share information
according to sections 34, 37, 40, and 43 for necessary entries in its records.
●​ The Commission has the same power as a High Court to punish for contempt of court, as
if references to a "court" and a "judge" were references to the "Commission" and the
"Commissioner" or a "member of the Commission".
●​ The Commission must publish an annual report of its activities within 90 days after the
end of every calendar year and send it to the Federal and each Provincial Government.
●​ The Federal and each Provincial Government must lay the annual report in each House of
Parliament and each Provincial Assembly within sixty days of receiving it from the
Commission.

CHAPTER III
 ●​ Chapter III of the Act is about the delimitation of constituencies.
●​ An electoral roll is not considered invalid due to a mis-description or the omission or
inclusion of a name.
●​ The Commission is responsible for taking special measures to enroll women voters and
must annually publish data on registered men and women voters.
●​ A polling station cannot be located in any premises owned or controlled by a candidate.
●​ The Commission must take special measures to register non-Muslims, people with
disabilities, and transgender citizens on the electoral rolls.
●​ The National Assembly has seats allocated to each Province, the Islamabad Capital
Territory, and the Federally Administered Tribal Areas, as well as seats reserved for
women and non-Muslims.

CHAPTER IV

●​ Chapter IV of the Election Act 2017 is about the conduct of elections to the Assemblies.
●​ The Commission appoints a District Returning Officer for each district or specified area for
an election to an Assembly.
●​ Government or Provincial Government Officers can be appointed as Returning
Officers (ROs).
●​ RO stands for Returning Officer.
●​ The Judiciary, in consultation with the Chief Justice of the High Court, can play a pivotal
role in appointing Returning Officers.
●​ A person cannot be appointed as a Returning Officer for more than one constituency,
except in exceptional circumstances where reasons are recorded.
●​ The Returning Officer scrutinizes nomination papers.
●​ After receiving a notice of withdrawal and confirming the signature, the Returning Officer
must post a copy of the notice in a conspicuous place in their office.
●​ The Election Commission of Pakistan decides the hours for polling stations.
●​ The minimum time for a polling station is not less than eight hours.
●​ If a contesting candidate retires, they must inform the Returning Officer.
●​ The time limit for a contesting candidate to inform the RO of their retirement is 4 days
before the Election.
●​ A candidate who retires under Sub-section (1) is not allowed to cancel their retirement
afterward.
●​ One day poll means the Commission shall hold polls for a general election for an
Assembly on the same day and may also hold polls for National Assembly and Provincial
Assembly seats simultaneously.
●​ A polling agent is a person appointed by a contesting candidate or their election agent to
represent them at each polling station.

CHAPTER V

●​ Chapter V of the Election Act 2017 deals with Miscellaneous matters.

●​ The Returning Officer supplies ballot boxes.
●​ The Presiding Officer receives ballot boxes for the election process.
●​ As many ballot boxes as necessary are required per polling station.
●​ The ECP designs or approves the material for ballot boxes.
 ●​ The first step to start the election process at a polling station is to ensure that every ballot
box to be used is empty.
●​ The contesting candidates and their election or polling agents who are present can
examine the boxes to ensure they are empty.
●​ Supply of ballot papers means the Commission shall provide the Returning Officer with
the necessary number of ballot papers.
●​ Election by secret ballot means an election shall be held by secret ballot, and every
voter will cast their vote by inserting a ballot paper into the ballot box.
●​ The Presiding Officer arranges ballot boxes to allow voters to secretly mark their ballot
papers before placing them in the box.
●​ In a situation of chaos, the Presiding Officer has the authority to maintain order and
remove anyone who misconducts themselves or disobeys their lawful orders.
●​ A Tendered Ballot Paper is issued to a person who claims to be a voter but another
person has already voted under that name.
●​ If an applicant fails to prove their identity, the Presiding Officer may take action against
them for personation, which is punishable under Chapter X.
●​ The Presiding Officer has the power to stop the poll and must inform the Returning
Officer if they do so.
●​ The Presiding Officer shall not issue ballot papers or allow anyone to vote after the poll
closes, except for those who are present within the polling station building and are waiting
to vote.
●​ After the poll closes, the Presiding Officer must immediately count the votes in the
presence of contesting candidates, election agents, polling agents, and observers who
are present.
●​ The Presiding Officer must prepare a statement of voters showing the total number of
registered men and women and the votes cast by each.
●​ Announcement of provisional results means the Returning Officer will prepare and
announce a provisional consolidated statement of results for the constituency (excluding
postal ballots) after receiving the results from all Presiding Officers. The statement will be
signed by the Returning Officer, affixed in a prominent place in their office, and sent to the
Commission.
●​ A Postal ballot is for a person, including police personnel, who is appointed by the
Returning Officer to perform election duty at a polling station other than where they are
entitled to vote.

CHAPTER VI

●​ Chapter VI of the Election Act 2017 deals with the election to reserved seats in an
Assembly.
●​ If a party's list is exhausted, the political party may submit a name for any future vacancy.
●​ A seat reserved for women or non-Muslims that becomes vacant due to death,
resignation, or disqualification will be filled by the next person on the party's list of
candidates.
●​ The Commission may conduct pilot projects for overseas Pakistanis to vote in
bye-elections to assess the technical efficacy, secrecy, security, and financial feasibility.
●​ In the case of an equality of votes between two contesting candidates, the Returning
Officer will declare both as returned, and they will each represent the constituency for half
of its term.
 ●​ Declaration of results means that within fourteen days of the poll, the Commission will
publish the name of the elected candidate who received the highest number of votes.
●​ Bye-elections are held when a Member's seat becomes vacant, and the Commission
calls for an election to fill the seat.

CHAPTER VII

●​ Chapter VII of the Election Act 2017 deals with the conduct of elections to the Senate.
●​ A Returning Officer has the power to maintain order at the polling station and must
report any incident that could affect the fairness of the poll.
●​ The Returning Officer can entrust some of their functions to a Polling Officer, who is then
obligated to perform them.
●​ The Returning Officer can authorize a Polling Officer to act in their place if they are
unable to perform their functions due to illness or other reasons.
●​ Supply of a list of voters means the Commission will provide the Returning Officer with
a list of voters for a Senate election from a Province, Islamabad Capital Territory, or the
Federally Administered Tribal Areas.
●​ A person can be nominated by no more than five nomination papers.
●​ A Contested election occurs if the number of candidates exceeds the number of seats
after withdrawals, and the Returning Officer must conduct a poll after giving notice to the
candidates.
●​ The Returning Officer fixes the hours of the poll and gives public notice of them.
●​ An Adjourned poll happens when the poll is interrupted or obstructed, and the Returning
Officer must stop the poll and inform the Commission.
●​ The Returning Officer must immediately count the votes after the poll closes.
●​ After counting, the Returning Officer prepares and certifies a return of the election and
submits it to the Commission.
●​ Upon receiving the returns, the Commission must publish the names of the returned
candidates in the official Gazette and on its website.
●​ A contesting candidate who is dissatisfied with the vote count can file an appeal with the
Commission.
●​ An appeal must be filed within three days of the count's completion by the candidate or
their authorized representative.
●​ For disposing of an appeal, the Commission has the same powers as a court under the
Code of Civil Procedure, 1908 (Act V of 1908).
●​ A Casual vacancy occurs when a Senate Member's seat becomes vacant before their
term expires; the Commission will then call for an election to fill the vacancy.

CHAPTER VIII

●​ Chapter VIII of the Election Act 2017 is about Election Expenses and the Statement of
Assets and Liabilities.
●​ Restriction on election expenses means a candidate's election expenses include those
incurred on their behalf by any person or political party.
●​ Return of election expenses means a contesting candidate, other than the returned
one, must submit their return of expenses within thirty days of the publication of the
returned candidate's name.
●​ The caretaker government cannot make major policy decisions, except for urgent matters.
 ●​ Inspection of returns means the returns and documents submitted to the Returning
Officer are sent to the Commission and are open to inspection by anyone for one year
after receipt upon payment of a fee.

CHAPTER IX

●​ Chapter IX of the Election Act 2017 is about Election Disputes.

●​ Contents of a reply to an election petition must contain a precise statement of facts to
rebut the allegations.
●​ The Qanun-e-Shahadat Order, 1984 (President's Order. No. X of 1984) applies to the
trial of an election petition.

CHAPTER X

●​ Chapter X of the Election Act 2017 deals with Offences, Penalties, and Procedures.
●​ An election symbol already allocated to a political party cannot be allocated to any other
political party or combination of parties.

CHAPTER XI

●​ Chapter XI of the Election Act 2017 is about the Caretaker Government.

●​ The main function of a caretaker government is to handle day-to-day matters necessary
to run the government.
●​ A caretaker government must be impartial.
●​ Bribery is defined as a person directly or indirectly receiving, agreeing to receive, or
contracting for gratification for voting or refraining from voting, for being or not being a
candidate, or for withdrawing from an election.
●​ Tampering with papers means intentionally defacing or destroying a nomination paper,
ballot paper, or official mark on a ballot paper.

CHAPTER XII

●​ Chapter XII of the Election Act 2017 deals with the allocation of symbols.
●​ No political party can run a publicity campaign in print and electronic media at the
expense of the public exchequer.
●​ The Commission allocates a symbol to a political party that complies with the provisions
of the Act.
●​ Electoral rolls prepared and maintained under this Act will be used for local government
elections.

CHAPTER XIII

●​ Chapter XIII of the Election Act 2017 deals with Electoral Rolls.
●​ The Commission will invite representations on the preliminary report within thirty days of
its publication.
●​ The Commission prepares and periodically revises the electoral rolls for elections to the
National Assembly, Provincial Assemblies, and local governments.
●​ An electoral roll is revised so that it can be maintained, kept open to public inspection,
 and copies can be obtained for a fee.
●​ A candidate or election agent can get a hard and searchable soft copy of the final
electoral roll with voter photographs, as per section 79.
●​ The penalty for an illegal practice is imprisonment for up to two years, a fine of up to one
hundred thousand rupees, or both.
●​ A court cannot take cognizance of an offense under sections 188, 189, or 195 unless a
written complaint is made by or under the authority of the Commission.

CHAPTER XIV

●​ Chapter XIV of the Election Act 2017 is about Political Parties.

●​ The prime factor for the formation of a political party is that it must have a distinct identity
for its national, provincial, and local structures.
●​ A political party is only entitled to have one name in the election.
●​ The Returning Officer provides the electoral rolls to the Presiding Officer of each polling
station.
●​ A political party member has the right to access the party's records, excluding those of
another member.
●​ A political party's foremost aim should be to have an organizational structure at the
federal, provincial, and local levels.

By: Mazhar Hasnain