Election Act and Women Representation
|S. No.||Sections||Section of Election Act 2017|
|1||9. Power of the Commission to declare a poll void.||(1) Notwithstanding anything contained in this Act, if, from facts apparent on the face of the record and after such enquiry as it may deem necessary, the Commission is satisfied that by reason of grave illegalities or such violations of the provisions of this Act or the Rules as have materially affected the result of the poll at one or more polling stations or in the whole constituency including implementation of an agreement restraining women from casting their votes, it shall make a declaration accordingly and call upon the voters in the concerned polling station or stations or in the whole constituency as the case may be, to recast their votes in the manner provided for bye-elections.
Explanation.—If the turnout of women voters is less than ten percent of the total votes polled in a constituency, the Commission may presume that the women voters have been restrained through an agreement from casting their votes and may declare, polling at one or more polling stations or election in the whole constituency, void.
|2||12. Measures for training and public awareness||The Commission shall, from time to time as it may deem fit,–
(c) conduct public awareness programmes and media campaigns, regarding the importance of maximum voter enrolment and participation in elections, especially by women, dissemination of information regarding procedure of casting vote, and the importance of maintaining the integrity of the electoral process;
|3||18. Seats in the National Assembly and Provincial Assemblies||(1) There shall be seats in the National Assembly allocated to each Province, Islamabad Capital Territory, and the Federally Administered Tribal Areas and seats reserved for women and non-Muslims, as specified in Article 51.
(2) There shall be seats in each Provincial Assembly consisting of general seats and seats reserved for women and non-Muslims, as specified in Article 106.
|4||19. Delimitation of constituencies||—(1) For the purpose of election to the National Assembly, the Commission shall divide—
(a) each Province into as many separate territorial constituencies as the number of general seats allocated to that Province in Article 51; and
(b) Islamabad Capital Territory and the Federally Administered Tribal Areas into as many separate territorial constituencies as the number of general seats respectively allocated to the Islamabad Capital Territory and the Federally Administered Tribal Areas in Article 51.
(2) A Province shall be a single constituency for all seats reserved for women which are allocated to each Province in Article 51.
(3) The constituency for all seats reserved for non-Muslims in the National Assembly shall be the whole country.
(4) For the purpose of election to Provincial Assemblies, the Commission shall divide each Province into as many separate territorial constituencies as the number of general seats specified in Article 106.
(5) The constituencies for the seats reserved for women and non-Muslims in the Provincial Assemblies shall be such that each Province forms one constituency with as many such seats as are allocated to that Province in Article 106.
(6) For the purpose of election to the local governments, the Commission shall carry out delimitation with due regard to the applicable local government law.
|5||47. Special measures for enrolment of women voters.||(1) The Commission shall annually publish disaggregated data of registered men and women voters in each National Assembly and Provincial Assembly constituency highlighting the difference in number of registered men and women voters.
(2) Where the variation in the disaggregated data under sub-section (1) is more than ten percent in a constituency, the Commission shall take special measures to reduce such variation.
(3) The measures referred to in sub-section (2) shall include action to expedite the issuance of National Identity Cards for women of such constituency by National Database and Registration Authority and for their enrolment as voters in the relevant electoral rolls by the Commission.
|6||48. Enrolment of non-Muslims etc.||(1) The Commission shall take special measures for registration of non-Muslims, persons with disabilities and transgender citizens in the electoral rolls as voters.
(2) The measures under sub-section (1) shall include coordinated action with the National Database and Registration Authority to expedite the issuance of National Identity Cards for non-Muslims, persons with disabilities and transgender citizens.
(3) No activity undertaken in connection with an election by the Commission or National Database and Registration Authority, as the case may be, shall be delayed, postponed or otherwise affected in any manner whatsoever merely on the ground of any measure being taken under this section or section 47.
|7||84. Voting procedure.||Sub Section 9:
(9) Where a voter is blind or is otherwise so incapacitated that he cannot vote without the assistance of his companion, the Presiding Officer shall allow him such assistance and thereupon such voter may, with such assistance, do anything which a voter is required or permitted to do under this Act.
|8||91. Statement about turnout of women voters.||(1) The Presiding Officer shall prepare a gender disaggregated statement of voters showing total number of men and women voters at the polling station and the total votes cast by men and women voters.
(2) The Presiding Officer shall send the gender disaggregated statement of voters to the Returning Officer and to the Commission at the time of communication of result to the Returning Officer and the Commission.
(3) The Presiding Officer may, at any stage on the polling day during or after the polling, prepare and send a special report to the Returning Officer and to the Commission if he has reason to believe that women voters have been restrained from exercising their right to vote based on any express or implied agreement.
|9||104. Party lists for reserved seats.||—(1) For the purpose of election to seats reserved for women and non-Muslims in an Assembly, the political parties contesting election for such seats shall, within the period fixed by the Commission for submission of nomination papers, file separate lists of their candidates in order of priority for seats reserved for women and non-Muslims with the Commission or, as it may direct, with the Provincial Election Commissioner or other authorized officer of the Commission, who shall forthwith cause such lists to be published for information of the public: Provided that the list submitted by a political party shall not be subject to change or alteration either in the order of priority or through addition of new names in the list or omission of any name after expiry of the date of submission of nomination papers.
(2) The parties‘ lists referred to in sub-section (1) may contain as many names of additional candidates as a political party may deem necessary for contesting seats reserved for women and non-Muslims, to provide for any disqualification of candidates during scrutiny of nomination papers or for filling of any vacant seats during the term of an Assembly.
(3) A candidate to a seat reserved for women or non-Muslims shall file the nomination papers on the Form on or before the last date fixed for filing of nomination papers for the election and the nomination papers shall, as nearly as possible, be scrutinized in the same manner as nomination papers of candidates on general seats are scrutinized under section 62.
(4) If, at any time, the party list is exhausted, the political party may submit a name for any vacancy which may occur thereafter and the provisions of sub-sections (1), (2) and (3) shall, as nearly as possible, apply to fill such vacancy.
(5) Where a seat reserved for women or non-Muslims in an Assembly falls vacant as a result of death, resignation or disqualification of a Member, it shall be filled in by the next person in order of precedence from the party‘s list of candidates submitted to the Commission under sub-section (1).
(6) Before notifying the name of the next person in order of priority from the party list, such person shall submit a declaration on oath that since the filing of his nomination paper, he has not become subject to any disqualification contained in Article 63.
(7) A candidate contesting election on a seat reserved for women or non-Muslims shall, along with the nomination papers and its annexures, submit to the Returning Officer appointed by the Commission in this behalf—
(a) a copy of the party list of the candidate‘s political party for such seats;
(b) declarations and statements in support of the nomination; and
(c) proof of deposit of the fee required for filing nomination papers.
(8) Where there is equality of share on a reserved seat between two or more political parties, the Returning Officer shall declare the returned candidate by drawing of lots.
|10||203. Membership of political parties.||(1) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party or be otherwise associated with a political party or take part in political activities or be elected as an office-bearer of a political party.
(2) Where a person joins a political party, his name shall be entered in the record of the political party as a member and shall be issued a membership card, or any other document showing his membership of the political party.
(3) A person shall not be a member of more than one political party at a time.
(4) A political party shall encourage women to become its members.
(5) A member of a political party shall have the right of access to the records of the political party, other than the record of another member.
|11||206. Selection for elective offices.||A political party shall make the selection of candidates for elective offices, including membership of the Majlis-e-Shoora (Parliament) and Provincial Assemblies, through a transparent and democratic procedure and while making the selection of candidates on general seats shall ensure at least five per cent representation of women candidates.|
|12||226. Election against reserved seats.||(1) Subject to the Rules, the Commission shall organize and conduct the election to the seats reserved for women, peasants or workers, technocrats, youth and non-Muslims in a local government under the applicable local government law.|