All election laws to be replaced by Election Act 2015
ISLAMABAD: In a major initiative towards reformation of the present electoral system in the country, all the existing election laws will be abolished.Sources said the electoral reforms committee of parliament has decided to abolish all the existing election laws, at least seven in number, to be replaced by the proposed
By our correspondents
August 12, 2015
ISLAMABAD: In a major initiative towards reformation of the present electoral system in the country, all the existing election laws will be abolished.
Sources said the electoral reforms committee of parliament has decided to abolish all the existing election laws, at least seven in number, to be replaced by the proposed Election Act 2015, which besides other corrections in the system, will empower the Election Commission of Pakistan as is the case in India.
Sources said that the Election Act 2015 will replace the Election Commission Order 2002, the Conduct of General Election Order 2002, the Representative of People Act 1976, the Political Parties Order 2002, the Allocation of Symbols Order 2002, the Electoral Rolls Act 1974 and the Delimitation of Constituencies Act 1974.
The purpose of replacing the existing set of election laws is to consolidate different laws relating to the conduct of elections. The unified Election Act 2015 will include all the reforms being presently discussed and finalised by the committee.
A copy of the draft Act available with The News envisages giving all possible powers to the commission to ensure fair and free elections under a neutral administration.
The commission, besides being empowered to proceed against the returning officers and other election staff or any other official in the holding of fair and free elections, could also suspend any public functionary, official including member of the police force or any other law enforcing agencies who obstruct or prevent the conduct of a fair and impartial poll or disobeys the commission or any of its representatives.
The draft Election Act 1975 also suggests giving the commission the power to declare a poll void if it is satisfied that by reasons of grave illegalities or such violations which have materially affected the result of the polls in a constituency, including implementation of any agreement restraining women from exercising their right to vote. The draft Act also allows the commission to order filing of complaint before a court against persons who entered into such agreement. The commission shall also have the power as the high court has to punish any person for contempt of court.
Under the same draft law, returning officers, assistant ROs, presiding officers and polling officers could be appointed from commission’s own officers or from among officers of the federal government, provincial governments, autonomous bodies, local governments and corporations established or controlled by such governments.
The commission shall be competent to initiate and finalise disciplinary action and impose penalty against any officer or official for any act of misconduct provided in the Efficiency and Discipline Rules.
The same law will deal with the commission’s power relating to the delimitation of constituencies and electoral rolls. Under the same law, the commission will be empowered to prepare electoral rolls for election to the National Assembly, provincial assemblies and local government.
As per the same draft Act, Nadra shall transfer the data of each fresh computerised national identity card issued by it to the commission for automatic registration of the cardholder as a voter in the electoral rolls of the area in which his permanent residence is situated and the commission shall intimate the voter so registered about his registration.
Sources said the electoral reforms committee of parliament has decided to abolish all the existing election laws, at least seven in number, to be replaced by the proposed Election Act 2015, which besides other corrections in the system, will empower the Election Commission of Pakistan as is the case in India.
Sources said that the Election Act 2015 will replace the Election Commission Order 2002, the Conduct of General Election Order 2002, the Representative of People Act 1976, the Political Parties Order 2002, the Allocation of Symbols Order 2002, the Electoral Rolls Act 1974 and the Delimitation of Constituencies Act 1974.
The purpose of replacing the existing set of election laws is to consolidate different laws relating to the conduct of elections. The unified Election Act 2015 will include all the reforms being presently discussed and finalised by the committee.
A copy of the draft Act available with The News envisages giving all possible powers to the commission to ensure fair and free elections under a neutral administration.
The commission, besides being empowered to proceed against the returning officers and other election staff or any other official in the holding of fair and free elections, could also suspend any public functionary, official including member of the police force or any other law enforcing agencies who obstruct or prevent the conduct of a fair and impartial poll or disobeys the commission or any of its representatives.
The draft Election Act 1975 also suggests giving the commission the power to declare a poll void if it is satisfied that by reasons of grave illegalities or such violations which have materially affected the result of the polls in a constituency, including implementation of any agreement restraining women from exercising their right to vote. The draft Act also allows the commission to order filing of complaint before a court against persons who entered into such agreement. The commission shall also have the power as the high court has to punish any person for contempt of court.
Under the same draft law, returning officers, assistant ROs, presiding officers and polling officers could be appointed from commission’s own officers or from among officers of the federal government, provincial governments, autonomous bodies, local governments and corporations established or controlled by such governments.
The commission shall be competent to initiate and finalise disciplinary action and impose penalty against any officer or official for any act of misconduct provided in the Efficiency and Discipline Rules.
The same law will deal with the commission’s power relating to the delimitation of constituencies and electoral rolls. Under the same law, the commission will be empowered to prepare electoral rolls for election to the National Assembly, provincial assemblies and local government.
As per the same draft Act, Nadra shall transfer the data of each fresh computerised national identity card issued by it to the commission for automatic registration of the cardholder as a voter in the electoral rolls of the area in which his permanent residence is situated and the commission shall intimate the voter so registered about his registration.
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