Pakistan Kanoon

Online Law Journals

ELECTIONS ACT, 2017

8. Power of Commission to ensure fair election.— Save as otherwise provided, the Commission may—

(a) stop the polls at one or more polling stations at any stage of the election if it is convinced that it shall not be able to ensure the conduct of the election justly, fairly and in accordance with law due to large scale malpractices, including coercion, intimidation and pressures, prevailing at the election;

(b) review an order passed by an officer under this Act or the Rules, including rejection of a ballot paper; and

(c) issue such instructions, exercise such powers and make such consequential orders as may in its opinion, be necessary for ensuring that an election is conducted honestly, justly, fairly and in accordance with the provisions of this Act and the Rules.

— Time of Election and bye-election — Notification of Election Programme and its’ alteration — Scope — Petitioners assailed the order whereby the Election Commission, citing sections 57 and 58 of Elections Act, 2017, abruptly withdrew the ongoing general election notification and schedule — The counsel contended that the Commission, backed by statutory powers in sections 57, 58 and 8(c) of the Elections Act, 2017 had the authority to alter election dates if it deemed necessary to fulfill its constitutional duty — Validity — The power to alter the election program, governed by sections 57 and 58 of the Elections Act, 2017, is explicitly circumscribed and not open-ended — It can only be invoked if deemed “necessary for the purposes of the Act” and operates through two distinct limbs — The first empowers the Commission to make alterations for different stages of the election, allowing for changes in dates for various events while maintaining the overall program — The second limb allows the Commission to issue a completely new Election Programme, abandoning the earlier notified program — Crucially, the legal analysis highlights that sections 57 and 58 do not grant the Commission the authority to exceed the constitutionally stipulated periods in Article 224 — Permissible actions must occur within the parameters set by the Constitution itself, as legislative fiat cannot alter, deny, dilute, or circumvent constitutional commands — Even within these limits, once the election program is in operation, doubts arise regarding the Commission’s ability to entirely abandon it and issue a new program — The Commission’s impugned order, withdrawing the notification and Election Schedule without acting on either limb, fails to align with the statutory provisions — Notably, Section 8(c), relied upon in the order, is deemed irrelevant as it pertains to ongoing or imminent elections, and it does not authorize the complete abandonment of an election and the subsequent shifting of the poll date, as attempted by the impugned order — Supreme Court declared the impugned order as unconstitutional and void, reinstating the original Election Programme with modifications due to the time lost. [2023 SCLR 74 = 2023 SCMR 2165 = 2023 SCP 211]

57. Notification of Election Programme.— (1) Subject to the Constitution, the Commission shall by notification in the official Gazette announce the date or dates, as the case may be, of the general elections.

(2) Within seven days of the announcement under sub-section (1), the Commission shall, by notification in the official Gazette and by publication on its website, call upon the voters of the notified Assembly constituencies to elect their representatives in accordance with an Election Programme, which shall stipulate—

(a) the last date for making nominations, which shall be the sixth day after the date of publication of the notification or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(b) the last date for publication of names of the nominated candidates, which shall be day following the last date of filing of nomination papers;

(c) the last date for the scrutiny of nominations, which shall be the eighth day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(d) the last date for filing of appeals against acceptance or rejection of nominations, which shall be the fourth day following the last date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(e) the last date for decision of appeals, which shall be the seventh day following the last date for filing of appeals or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(f) the last date for publication of the revised list of candidates, which shall be the day following the last date for decision of appeals;

(g) the last date for the withdrawal of candidature, which shall be the day following the last date of publication of revised list of candidates or, if that day is a public holiday, the next succeeding day which is not a public holiday;

(h) the date for allocation of symbols to contesting candidates and publication of list of contesting candidates, which shall be the day following the last date for withdrawal of candidature or, if that day is a public holiday, the next succeeding day which is not a public holiday; and

(i) the date or dates on which a poll shall, if necessary, be taken, which or the first of which shall be a date not earlier than the twenty eighth day after the publication of the revised list of candidates.

(3) A Returning Officer shall, give public notice of the dates specified by the Commission in respect of the constituency or constituencies of which he is the Returning Officer; and shall publish the public notice at some prominent place or places within the constituency to which it relates.

(4) A Returning Officer shall, by the public notice given under sub-section (3), invite nominations specifying the time by which and the place at which nomination papers shall be received by him.

— Time of Election and bye-election — Notification of Election Programme and its’ alteration — Scope — Petitioners assailed the order whereby the Election Commission, citing sections 57 and 58 of Elections Act, 2017, abruptly withdrew the ongoing general election notification and schedule — The counsel contended that the Commission, backed by statutory powers in sections 57, 58 and 8(c) of the Elections Act, 2017 had the authority to alter election dates if it deemed necessary to fulfill its constitutional duty — Validity — The power to alter the election program, governed by sections 57 and 58 of the Elections Act, 2017, is explicitly circumscribed and not open-ended — It can only be invoked if deemed “necessary for the purposes of the Act” and operates through two distinct limbs — The first empowers the Commission to make alterations for different stages of the election, allowing for changes in dates for various events while maintaining the overall program — The second limb allows the Commission to issue a completely new Election Programme, abandoning the earlier notified program — Crucially, the legal analysis highlights that sections 57 and 58 do not grant the Commission the authority to exceed the constitutionally stipulated periods in Article 224 — Permissible actions must occur within the parameters set by the Constitution itself, as legislative fiat cannot alter, deny, dilute, or circumvent constitutional commands — Even within these limits, once the election program is in operation, doubts arise regarding the Commission’s ability to entirely abandon it and issue a new program — The Commission’s impugned order, withdrawing the notification and Election Schedule without acting on either limb, fails to align with the statutory provisions — Notably, Section 8(c), relied upon in the order, is deemed irrelevant as it pertains to ongoing or imminent elections, and it does not authorize the complete abandonment of an election and the subsequent shifting of the poll date, as attempted by the impugned order — Supreme Court declared the impugned order as unconstitutional and void, reinstating the original Election Programme with modifications due to the time lost. [2023 SCLR 74 = 2023 SCMR 2165 = 2023 SCP 211]

58. Alteration in Election Programme.— (1) Subject to the Constitution, Notwithstanding 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.

(2) Save as otherwise provided by law, if a candidate has already submitted his nomination papers before the notification under sub-section (1), he shall not be required to again submit his nomination papers under the fresh Election Programme.

— Time of Election and bye-election — Notification of Election Programme and its’ alteration — Scope — Petitioners assailed the order whereby the Election Commission, citing sections 57 and 58 of Elections Act, 2017, abruptly withdrew the ongoing general election notification and schedule — The counsel contended that the Commission, backed by statutory powers in sections 57, 58 and 8(c) of the Elections Act, 2017 had the authority to alter election dates if it deemed necessary to fulfill its constitutional duty — Validity — The power to alter the election program, governed by sections 57 and 58 of the Elections Act, 2017, is explicitly circumscribed and not open-ended — It can only be invoked if deemed “necessary for the purposes of the Act” and operates through two distinct limbs — The first empowers the Commission to make alterations for different stages of the election, allowing for changes in dates for various events while maintaining the overall program — The second limb allows the Commission to issue a completely new Election Programme, abandoning the earlier notified program — Crucially, the legal analysis highlights that sections 57 and 58 do not grant the Commission the authority to exceed the constitutionally stipulated periods in Article 224 — Permissible actions must occur within the parameters set by the Constitution itself, as legislative fiat cannot alter, deny, dilute, or circumvent constitutional commands — Even within these limits, once the election program is in operation, doubts arise regarding the Commission’s ability to entirely abandon it and issue a new program — The Commission’s impugned order, withdrawing the notification and Election Schedule without acting on either limb, fails to align with the statutory provisions — Notably, Section 8(c), relied upon in the order, is deemed irrelevant as it pertains to ongoing or imminent elections, and it does not authorize the complete abandonment of an election and the subsequent shifting of the poll date, as attempted by the impugned order — Supreme Court declared the impugned order as unconstitutional and void, reinstating the original Election Programme with modifications due to the time lost. [2023 SCLR 74 = 2023 SCMR 2165 = 2023 SCP 211]

— Nomination for election — Scope — Bare reading of Form-B of the Elections Act, 2017 makes it quite clear that it does not put any restriction of enclosing/annexing income tax return with the nomination papers rather it only requires submission of statements of assets which include details of immoveable property and moveable assets and other allied details — Income tax returns are filed before the Federal Board of Revenue as per procedure and mechanism provided under the Income Tax Ordinance, 2001 which is normally filed by a candidate to show his/her assets and liabilities but it is not required under the Elections Act, 2017 because submission of statements of assets and liabilities through Form-B are dealt with under Section 60(2)(d) of the Elections Act, 2017. [2024 CLS 11 = 2024 CLC 85 = 2022 LHC 6149]