A BRIEF FOR NATIONAL/INTERNATIONAL OBSERVERS General Elections 2007-08 Election Commission of Pakistan Islamabad 2 I N D E X Chapter I ABOUT PAKISTAN Page No. 1. About Pakistan 3 2. System of Governance in Pakistan 3 3. The Parliament (Majlis-e-Shoora) 3 4. The Senate (Upper House) 3 5. Composition of Senate 4 6. National Assembly (Lower House) 5 7. Composition of National Assembly 5 8. Provincial Assemblies 6 9. Composition of Provincial Assemblies 6 10. Federal Cabinet ( Federal Government ) 6 11. Provincial Cabinet (Provincial Governments) 7 Chapter II ELECTION COMMISSION OF PAKISTAN 12. The Election Commission 8 13. Present Constitution of Election Commission 8 14. Duty of Election Commission 8 15. Appointment of Chief Election Commissioner 9 16. Duties of Chief Election Commissioner 10 17. Financial Autonomy 10 18. Organizational Set-up 11 Chapter III SOME IMPORTANT PRE-ELECTION STEPS 19. Preparation of Fresh Computerised Electoral Rolls 12 20. Delimitation of constituencies 19 21. Re-description of constituencies for General Elections, 2007-08 20 22. Legal Framework for General Elections 2007-08 21 23. Allocation of Symbols 22 Chapter IV ELECTORAL PROCESS 24. Electoral Process 24 25. Conduct of Elections 24 26. Appointment of Judicial officers as District Returning Officers, Returning Officers and Assistant Returning Officers for conduct of elections 25 27. Duties & Functions of District Returning Officer 25 28. Duties & Functions of Returning Officer 26 29. Duties of Assistant Returning Officer 27 30. Polling Scheme 27 3 31. Establishment of Polling Stations 27 32. Appointment of Polling Personnel 28 33. Training of Polling Personnel 28 34. Duties of Presiding Officer 29 35. Duties of Assistant Presiding Officers 30 36. Duties of Polling Officers 31 37. Public Awareness Campaign 31 38. Monitoring elections by Polling Agents 32 39. Code of Conduct for Political Parties and Contesting Candidates for General Elections 2007-08 33 40. Code of Conduct for Electronic Media 34 41. Procedure regarding Counting of Votes 34 42. Consolidation and Announcement of Results 36 43. Use of Improved Electoral Commodities 36 44. Use of Transparent Ballot Boxes 36 45. Compartmental Screens for casting the Ballots 37 46. Polling Bags for Collection of Ballots 37 47. Activities on Polling Day 38 48. Important Steps to Improve Electoral Process 38 49. Political Parties in Pakistan 39 Chapter V GUIDELINES OF OBSERVERS 50. Legal provisions for the Election Observers 48 51. Guidelines to be followed by the Election Observers 48 ANNEXURES Annexure: A Constitutional Provisions 53 Annexure: B The Election Commission Order, 2002 59 Annexure: C The Representation of the People Act, 1976 and Rules 62 Annexure: D The Conduct of General Elections Ordre, 2002 122 Annexure: E The Political Parties Order, 2002 133 Annexure: F The Allocation of Symbols Order, 2002 143 Annexure: G Election Symbols 146 Annexure: H Notifications/Directives/Orders 154 Annexure: I Election Schedule 2007-08 167 4 CHAPTER # 1 ABOUT PAKISTAN The Constitution of the Islamic Republic of Pakistan, 1973 envisages a Federal Parliamentary System of governance. Pakistan spreads over an area of about seven hundred ninety six thousand square kilometres (796,096). It has a population of about 150 million, out of which about 80 million citizens have been registered as voters in the recently prepared Computerized Electoral Rolls-2006- 2007. In terms of population, it is the 7th largest country in the world. The territories of Pakistan comprise— (a) the Provinces of Baluchistan, the North West Frontier, the Punjab and Sindh; (b) the Islamabad Capital Territory known as Federal Capital; (c) the Federally Administered Tribal Areas; and (d) such States and territories as are or may be included in Pakistan, whether by accession or otherwise. SYSTEM OF GOVERNANCE IN PAKISTAN Federation of Pakistan: The Federation of Pakistan comprises the President as the head of the State, who represents the unity of the Republic; bicameral Federal Legislature i.e. the Parliament (Majlis-e-Shoora) consisting of the Senate (Upper House) and the National Assembly (Lower House) and the four Provincial Assemblies. THE PARLIAMENT (MAJLIS-E-SHOORA) Senate of Pakistan: As stated above, the Federal Legislature has bicameral system having two Houses of Parliament (Majlis-e-Shoora) composed of the Senate of Pakistan and the National Assembly. The Senate consists of 100-members. It has equal number of representation of 22-members from each Province including 8- 5 members from FATAs and 4-members from the Federal Capital. The members of the Senate are elected for six years and half of the members retire after every three years. The question as to which Members of the Senate shall retire on the expiry of first three years is decided by drawing of lots. All members of the Senate are elected indirectly through the system of proportional representation by means of a single transferable vote, except Members of Senate from FATAs, who are elected by the members of National Assembly from FATAs in the same manner as the members of Senate are elected from Provinces. However a voter who is a member of National Assembly from FATAs has as many votes as the number of seats to be filled. For election of members to the Senate from Federal Capital, all Members of National Assembly form the Electoral College. There are 17 seats reserved for women in the Senate. Category-wise division of seats in the Senate is as under: COMPOSITION OF THE SENATE Provinces & Senate Seats Administrative Areas General Women Technocrats/ Ulema Punjab 14 4 4 Sindh 14 4 4 Balochistan 14 4 4 NWFP 14 4 4 FATA 8 0 0 Federal Capital 2 1 1 Total Seats 66 + 17 + 17 = 100 National Assembly: The National Assembly of Pakistan, the Lower House of the Parliament, consists of 342 members: 272 general seats; 60 seats reserved for women and 10 seats for non-Muslims. General seats are filled by direct and free vote in accordance with law on the basis of single member territorial constituency. The seats reserved for women are filled in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of total 6 number of general seats secured by each political party from the province concerned in the National Assembly. Each Province is a single constituency for all women seats allocated to that Province under clause (1A) of the Constitution. Likewise, the seats reserved for non-Muslim are filled in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of total number of general seats won by each political party in the National Assembly. The constituency for all seats reserved for non-Muslims is the whole country. COMPOSITION OF NATIONAL ASSEMBLY Provinces / Administrative Areas National Assembly Seats Total General Women Non- Muslim Punjab 148 35 - 183 Sindh 61 14 - 75 Balochistan 14 3 - 17 NWFP 35 8 - 43 FATA 12 - - 12 Islamabad Federal Capital 2 - - 2 Total Seats: 272 60 10* 342 Provincial Assemblies: Each Provincial Assembly also consists of (1) general seats; (2) women seats and (3) non-Muslim seats. Members for the general seats are elected by simple majority on the basis of single member territorial constituency through direct vote. The reserved seats of women and non-Muslims are allocated to the political parties on the basis of number of general seats obtained by each political party in the Provincial Assembly. The Members to fill the seats reserved for women and non-Muslims allocated to a Province are chosen in accordance with law through proportional representation system of political parties’ lists of 7 candidates on the basis of the total number of general seats secured by each political party in the Provincial Assembly. Each Province is a single constituency for all seats reserved for women and non-Muslims allocated to that Province. COMPOSITION OF PROVINCIAL ASSEMBLIES Provinces Provincial Assemblies General Women Non-Muslim Total Punjab 297 66 8 371 Sindh 130 29 9 168 Balochistan 51 11 3 65 NWFP 99 22 3 124 Grand Total 577 128 23 728 Federal Cabinet (Federal Government): The Constitution of Pakistan, inter alia, envisages a Cabinet of Ministers, with the Prime Minister at its head to aid and advise the President in the exercise of his functions. The President, in his discretion, appoints, from amongst the members of the National Assembly a Prime Minister who, in his opinion, is most likely to command the confidence of the majority of the members of the National Assembly. The Federal Ministers and Ministers of State are also appointed by the President on the advice of the Prime Minister from amongst the members of the Parliament (Majlis-e-Shoora). Before entering upon office, a Federal Minister or Minister of State makes before the President oath in the form set out in the Third Schedule to the Constitution. The Cabinet, together with the Ministers of State, is collectively responsible to the National Assembly. Provincial Cabinets (Provincial Governments) Similar is the position in the Provinces. There is a Cabinet of Ministers in each Province with the Chief Minister at its head to aid and advise the Governor in the exercise of his functions. The Governor appoints from amongst the members of the Provincial Assembly a Chief Ministers who, in his opinion, is 8 likely to command the confidence of the majority of the members of the Provincial Assembly. The Governor also appoints Provincial Ministers from amongst members of the Provincial Assembly on the advice of the Chief Minister. Before entering upon office, a Provincial Minister makes before the Governor oath in the form set out in the Third Schedule to the Constitution. Each Provincial Cabinet is collectively responsible to the Provincial Assembly. .-.-.-.-.-.-.-.-. 9 CHAPTER # 2 ELECTION COMMISSION OF PAKISTAN The Election Commission The Election Commission of Pakistan is a permanent constitutional independent body, constituted under Article 218 of the Constitution, comprising the Chief Election Commissioner as its Chairman and four Members, each of whom is a serving Judge of the High Court from each Province.