Election Commission of Pakistan

The functions and duties are defined and set by the Constitution of Pakistan in Article 239 . The Commission charged with the following duties

To prepare electoral rolls for elections to the National and Provincial Assemblies and revising such rolls annually. [Article 219 (a)];

To prepare electoral rolls for elections to the National and Provincial Assemblies and revising such rolls annually. [Article 219 (a)];

To organize and conduct election to the Senate and fill casual vacancies in a House or a Provincial Assembly [Article 219(b)];

To organize and conduct election to the Local Government institutions [Article 140A];

To appoint Election Tribunals. [Article 219 (c)];

To decide cases of disqualification of members of Parliament and Provincial Assemblies under Article 63(2) and Article 63A of the Constitution on receipt of reference from the Chairman or the Speaker or Head of the political party, as the case may be;

To hold and conduct election to the office of the President as per Second Schedule to the Constitution of the Islamic Republic of Pakistan [Article 41 (3)];

To hold Referendum as and when ordered by the President. [Article 48 (6)];

Autonomy and independence

The Commission has retains its independence, full financial autonomy and functions independently of all government control. Without the government interference, the commission performs its functions and conduct of nationwide general elections as well as for the by-elections which is decided by the Election Commission itself. The preparation of polling schemes, the appointment of polling personnel, assignments of voters and arrangements for the maintenance of law and order are under the control, supervision and directions of the Election Commission.

During its rulings and judgements in the case " Election Commission v. Javed Hashmi, the Supreme Court held that "in the election matters the Election Tribunals which are to be appointed by the Chief Election Commissioner" have exclusive jurisdiction and the jurisdiction of all courts in such matters was excluded. However, this is subject to an exception that where no legal remedy is available to an aggrieved party during the process of election or after its completion, against an order of an election functionary which is patently illegal jurisdiction. The effect of which is to defranchise a candidate, candidate can press into service Constitutional jurisdiction of the High Court. The Supreme Court of Pakistan has since then consistently followed this judgment.

Transaction of business

The Commission transacts its business by holding meetings. All members of the Election Commission have equal status and say in the decisions of the Commission.

Judicial review

Judicial review of the decisions of the Election Commission can be sought in the High Court and the Supreme Court of Pakistan if the order suffers from a jurisdictional defect or is mala fide or coram non judice.

Budget and expenditure

The budget of the Election Commission is provided by the federal government.

Any re-appropriation within the sanctioned budget can be done by the Chief Election Commissioner without making any reference to the Finance Division.

Funds required for preparation of electoral rolls and the conduct of General Elections and by-elections are provided in lump sum by the Finance Division according to the requirements of the Election Commission.

Further distribution of funds to the various functionaries is done with the approval of the Chief Election Commissioner.

International support

The Election Support Group, an internationally supported group of interested parties, made 32 specific recommendations to the Election Commission based on the recommendations of 16 international organizations. A meeting was held in October 2009 to present these ideas to the Commission. The Commission commissioned ESG to provide them with a recommendations on how to best solve the addressed problems.

Also, in 2006, the International Foundation for Electoral Systems implemented a 9 million dollar contract through USAID to install a computerised electoral rolls system for the Pakistani government.