Electoral Laws and
Conduct of Elections
222.
Subject to the Constitution, [Majlis-e-Shoora
(Parliament)] may by law provide for:
(a) the allocation of seats in the National
Assembly as required by clauses (3) and (4)
of Article 51;
(b) the delimitation of constituencies by
the Election Commission;
(c) the preparation of electoral rolls, the
requirements as to residence in a
constituency, the determination of
objections pertaining to and the
commencement of electoral rolls;
(d) the conduct of elections and election
petitions; the decision of doubts and
disputes arising in connection with
elections;
(e) matters relating to corrupt practices
and other offences in connection with
elections; and
(f) all other matters necessary for the due
constitution of the two Houses and the
Provincial Assemblies;
but no such law shall have the effect of
taking away or abridging any of the powers
of the Commissioner or an Election
Commission under this Part.
223.
(1) No person shall, at the same time, be a
member of,
(a) both Houses; or
(b) a House and a Provincial Assembly; or
(c) the Assemblies of two or more Provinces;
or
(d) a House or a Provincial Assembly in
respect of more than one seat.
(2) Nothing in clause (1) shall prevent a
person from being a candidate for two or
more seats at the same time, whether in the
same body or in different bodies, but if he
is elected to more than one seat he shall,
within a period of thirty days after the
declaration of the result for the last such
seat, resign all but one of his seats, and
if he does not so resign, all the seats to
which he has been elected shall become
vacant at the expiration of the said period
of thirty days except the seat to which he
has been elected last or, if he has been
elected to more than one seat on the same
day, the seat for election to which his
nomination was filed last.
Explanation:- In this clause, "body" means
either House or a Provincial Assembly.
(3) A person to whom clause (2) applies
shall not take a seat in either House or the
Provincial Assembly to which he has been
elected until he has resigned all but one of
his seats.
(4) Subject to clause (2), if a member of
either House or of a Provincial Assembly
becomes a candidate for a second seat which,
in accordance with clause (1), he may not
hold concurrently with his first seat, then
his first seat shall become vacant as soon
as he is elected to the second seat.
224.
(1) A general election to the National
Assembly or a Provincial Assembly shall be
held within a period of sixty days
immediately [following] the day on which the
term of the Assembly is due to expire,
unless the Assembly has been sooner
dissolved, and the results of the election
shall be declared not later than fourteen
days before that day
Provided that on dissolution of an Assembly
on completion of its term, the President, in
his discretion, or, as the case may be, the
Governor, in his discretion but with the
previous approval of the President, shall
appoint a care-taker Cabinet.
(2) When the National Assembly or a
Provincial Assembly is dissolved, a general
election to the Assembly shall be held
within a period of ninety days after the
dissolution, and the results of the election
shall be declared not later than fourteen
days after the conclusion of the polls.
(3) An election to fill the seats in the
Senate which are to become vacant on the
expiration of the term of the members of the
Senate shall be held not earlier than thirty
days immediately preceding the day on which
the vacancies are due to occur.
(4) When, except by dissolution of the
National Assembly or a [general] seat in any
such Assembly has become vacant not later
than one hundred and twenty days before the
term of that Assembly is due to expire, an
election to fill the seat shall be held
within sixty days from the occurrence of the
vacancy.
(5) When a seat in the Senate has become
vacant, an election to fill the seat shall
be held within thirty days from the
occurrence of the vacancy.
[(6) When a seat reserved for women or
non-Muslims in the National Assembly or a
Provincial Assembly falls vacant, for death,
resignation or disqualification of a member,
it shall be filled by the next person in
order of precedence from the party list of
the candidates submitted to the Election
Commission for the last general election by
the political party whose member has vacated
such seat.
(7) When a care-taker Cabinet is appointed,
on dissolution of the National Assembly
under Article 58 or a Provincial Assembly
under Article 112, or on dissolution of any
such Assembly on completion of its term, the
Prime Minister or, as the case may be, the
Chief Minister of the care-taker Cabinet
shall not be eligible to contest the
immediately following election of such
Assembly.]
225.
No election to a House or a Provincial
Assembly shall be called in question except
by an election petition presented to such
tribunal and in such manner as may be
determined by Act of Majlis- e- Shoora
(Parliament).
226.
All elections under the Constitution shall
be by secret ballot.
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