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The Elections Bill, 2017

Dr Arif Alvi
That in the Bill as laid down before the Assembly:

Chapter II
Clause 3

i. In Clause 3 (1) that after the words ‘office of any’ the word one may
be deleted and the word ‘one’ with inverted commas may be
inserted. Similarly, after the words ‘members or that any’ the word
one may be deleted and the word ‘one’ in inverted commas may be
inserted in its place.
ii. In Clause 3 (1) after the words ‘decision of the Commission.’ Party
the words ‘The quorum shall be three.’ may be added

Clause 4

iii. In Clause 4 (3) the words ‘no provision or’ may be deleted.

Clause 5

iv. In Clause 5 (1) after the words ‘authority’ the words ‘including the
armed forces’ may be inserted.
v. In Clause 5 (4) after the words ‘without prior approval’ the words ‘in
writing’ may be added.

Clause 8

vi. In Clause 8 (a) the words ‘large scale’ may be deleted.

Clause 9

vii. In Clause 9 (1) Explanation after the words ‘ten percent of the total’
the words ‘female votes’ may be deleted and the following words
substituted ‘votes cast’.

Clause 12

viii. In Clause 12 (a) after the words ‘officers of the judiciary, if any,’ the
words ‘officers of the agencies or the armed forces providing
security, if any,’ may be inserted.
ix. In Clause 12 (c) after the words ‘regarding the importance ‘ the
words ‘maximum voter enrollment and’ may be deleted.
Clause 13

x. In Clause 13 after subsection (1) the following new subsection shall
be inserted and the subsequent numbering shall be adjusted
accordingly:
(2) The Presiding Officer shall, in pursuance of subsection (1),
compile the provisional result of the polling station and forthwith
communicate the same electronically in the form of scan of Forms
so prescribed to the Commission and physically as well as
electronically communicate the provisional result of the polling
station to the Returning Officer.
xi. In Clause 13 (2) after the words ‘the Commission’ the words ‘before
or by 11:59 PM midnight on the polling day. If for any reason
results are incomplete at midnight he shall communicate to the
Commission reasons thereof, and list the polling stations from which
results are awaited, and send the complete result as soon as it is
compiled.’
xii. In Clause 13 (5) the words ‘aforesaid’ may deleted and the words
‘described in subsections 2,3, and 4’ may be inserted.

Chapter IV
Clause 24

xiii. In Clause 24 (1) the word ‘Commission’ may be deleted and the
word ‘Revising Authority’ may be inserted.
xiv. In Clause 24 (2) the word ‘Commission’ may be deleted and the
word ‘Revising Authority’ may be inserted.

Clause 25

xv. In Clause 25 (3) the words ‘The Commission shall forward the data
referred to in subsections (1) and (2) to’ may be deleted.
xvi. In Clause 25 (3) the word ‘who’ may be deleted.

Clause 28

xvii. In Clause 28 after the ‘words as may be prescribed’ the following
words may be added ‘and in at least 10 staffed locations in an NA
constituency and 5 locations in PA constituency.’

Clause 29
xviii. In Clause 29 the heading ‘Appointment of Revising Authorities’ may
be deleted and a new heading may be inserted ‘Revising Authority’.
xix. In Clause 29 the whole paragraph starting from ‘The Commission…’
and ending with ‘electoral rolls may be deleted’ and substituted by
‘NADRA shall be the revising authority for change of address.
(1) The default address of voting shall be the permanent
address, unless a person makes an application to the Revising
Authority before the electoral rolls are finalized or as per Section 30
that he wants to vote in the constituency of his temporary address.
(2) In case a person wants to change any of his two
addresses and wants that change to be reflected in the electoral
rolls also for voting purposes, he shall make an application for
change of address to NADRA subject to the provisions in Section 27.

Clause 30

xx. In Clause 30 after the words ‘application for’ the words ‘change of
address and’ may be added

Clause 31

xxi. In Clause 31 after the words ‘apply for’ the words ‘change of his
temporary or permanent address and therefore’
xxii. In Clause 31 after the words ‘in the prescribed form’ the word ‘the’
may be deleted and the words ‘change of his temporary or
permanent address and therefore’ may be added.

Clause 34

xxiii. In Clause 34 the words ‘Registration Officer’ may be deleted and the
words ‘Revising Authority’ may be added.
xxiv. In Clause 34 (a) after the words ‘in accordance with the’ the words
‘decision of the Revising Authority under section 33’; and’ may be
deleted and the words decisions made under sections 30 to 33’ may
be added.

Clause 35

xxv. In Clause 35 after the words under section the word ’34, the
Registration Officer’ may be deleted and the words ’30-3, the
Revising Authority shall transmit relevant data as prescribed in
section 25(1) to the Commission which’ may be added.

Clause 36
xxvi. In Clause 36 (1) the words ‘Registration Officer’ may be deleted and
the words ‘Commission’ may be added.
xxvii. In Clause 36 (1) after the words ‘by the Commission’ a full stop
may be inserted and the words ‘in the prescribed manner and form’
may be deleted. After the full stop so inserted the words ‘The
Commission shall request relevant data from NADRA as described in
section 25 (1)’ may be inserted.

Clause 37

xxviii. In Clause 37 (c) after the words ‘person applies’ the words ‘for
change of address and’ may be inserted
xxix. In Clause 37 (d) after the words ‘person applies’ the words ‘for
change of address and’ may be inserted

Clause 40

xxx. In Clause 40 (1) after the words section the word ‘39’ may be
deleted and the words ’30 to 39’ may be inserted.

Clause 44

xxxi. In Clause 44 after the words ‘transfer of his vote under’ the words
section 37, section 39’ may be deleted and the words section 30 to
40 may be inserted.

Clause 49

xxxii. In Clause 49 (1) a subsection (d) may be added as follows:

(d) ensuring that the officer is from a different Province

Chapter V
xxxiii. In Chapter V a new Clause may be added as follows (and
subsequent clauses may be renumbered as needed):

49. Rules for selection of Officers: The Commission shall
develop rules for eligibility, selection and appointment of
officers as required for duties described in this Chapter

Clause 49

xxxiv. In Clause 49 (1) a subsection (d) may be added as follows:

(d) ensuring that the officer is from a different Province
Clause 50

xxxv. In Clause 50 (1) after the words ‘for each constituency’ the words
‘ensuring that the officer is from a different Province’

Clause 54

xxxvi. In Clause 54 (1) after the words ‘notification of the Election
Programme’ the following words may be added ‘or the date of
appointment, whichever is later,’ may be added.
xxxvii. In Clause 54 (2) after the words ‘election official’ the words
‘appointed from within Election Commission of Pakistan or any other
government department’ may be added.

Clause 55

xxxviii. In Clause 55 (2) after the words ‘by notification in the official
Gazette’ the words ‘that shall also be simultaneously published on
the Website of the Commission’ may be inserted.
xxxix. In Clause 55 (2) see number in copy after the words ‘to which it
relates.’ the words ‘The Commission shall also publish the same on
their website.

Clause 57

xl. In Clause 57 the word ‘section 55’ may be changed to ‘section 56’
xli. In Clause 57 after the words ‘make alterations’ the words ‘, without
reducing the time frame mentioned in Clause 56’ may be added.
xlii. In Clause 57 after the words ‘for the purposes of this Act.’ the words
‘The said altered or fresh programme shall also be published on
their website.’ may be inserted.

Clause 58

xliii. In Clause 58 (1) after the words ‘of that constituency.’ the following
words may be added ‘The list shall include the electoral block/s or
area/s assigned to each polling station, the number of male/female
booths assigned to that station and the number of voters assigned
to each station and booth. In no case should the voters in a polling
booth shall exceed two thousand. The list shall also be published on
the Website of the Commission.’
xliv. In Clause 58 (2) after the words ‘assigned to it’ the words ‘and
within the Union Council of the voters’ may be inserted.
xlv. In Clause 58 (3) (c) after the word ‘shall’ the word ‘publish’ may be
deleted and the words ‘shall inform the Commission and publish in a
prominent place’ may be inserted.
xlvi. In Clause 58 (3) (c) after the words ‘of its publication.’ the words
‘The Commission shall also publish the list on their website.’
xlvii. In Clause 58 (5) after the words ‘in the district.’ The following words
may be added ‘The list shall published on the website of the
Commission and shall include:
a. The name and number of polling station.
b. Gender type of polling station or booth.
c. Name/s and number/s of the electoral block/s or area/s
assigned to each polling station.
d. Number of voters assigned to each booth.’
xlviii. In Clause 58 (7) after the words ‘and with the prior’ the word
‘written’ may be inserted.

Clause 59

xlix. In Clause 59 (1) after the words ‘for that constituency’
l. In Clause 59 (2)(d) after the words ‘nomination papers’ the words
‘and for which notice has been issued to him’ may be added.
li. In Clause 59 after subsection (3), another subsection (4) may be
added.

‘(4) Only a person who is a voter in the province can be
nominated for the Provincial Assembly seat of the province.’
lii. In Clause 59 (7)(a) after the words ‘copies of’ the words ‘these
documents’ may be deleted and the words ‘nomination forms and
accompanying declarations and statements’ may be added.

Clause 61

liii. In Clause 61 (1) after the words ‘Any voter’ the words ‘of a’ may be
deleted and the words ‘or a candidate of that’ may be inserted.
liv. In Clause 61 (2) after the words ‘and a voter’ the words ‘or a
person authorized by him’ may be added.
lv. In Clause 61 (8) subsection (3) and section 58 are wrongly
identified.

Clause 62

lvi. In Clause 62 (2) the after the word ‘within’ the words ‘such time’
may be deleted and the words ‘the time specified in section 56 or in
case of by-elections’ may be inserted.
lvii. In Clause 62 (5) after the words ‘under this section’ the words ‘on
the website of the Commission and’ may be added.

Clause 66

lviii. In Clause 66 (3) (b) after the words ‘former member’ the words ‘if
he was allotted the symbol previously.’ May be inserted.

Clause 70

lix. In Clause 70 the following subsections may be added
(3) The Commission shall take full control of these presses
and shall nominate four officers for each press.
(4) The Commission may take assistance of the military or
para-military forces to manage the security of the press.
(5) The Commission must ensure 24 hour CCTV camera
surveillance of the press, premises and gates of the printing
press.
(6) The Commission shall ensure computerized or machine
numbering of ballot paper counterfoils.

Clause 73

lx. In Clause 73 after the words ‘before commencement of the poll’ the
words ‘or during polling hours’ may be add
lxi. d.

Clause 75

lxii. In Clause 75 (1) after the words ‘may appoint’ the words ‘a person
qualified to be elected as a Member’ be deleted and the words ‘a
voter’ may be inserted.

Clause 77

lxiii. In Clause 77 (3) after the words ‘Not more than one ballot box’ the
words ‘for each constituency’ may be added.

Clause 82

lxiv. In Clause 82 (2) after the words ‘to an Assembly or’ the word
‘Senate’ may be deleted and the words ‘local bodies’ may be
inserted.

Clause 85

lxv. In Clause 85 anew subclause may be added as follows:
(4) The Commission shall send the Challenged Ballot Papers to the
National Database and Registration Authority for forensic inquiry to
identify both the voters who voted against one entry in the electoral
roll and the National Database and Registration Authority shall
submit a report confirming the personation or otherwise to the
Commission which shall initiate legal action against the person who
personated or attempted to personate.
lxvi. as

Clause 89

lxvii. In Clause 89 in subclause (4) the entire sentence may be delete and
the following may be inserted
a. Count the votes cast in favour of each contesting candidate, in
the following manner:
i. Open the used ballot box/es from all female polling
booths one by one and count the votes;
ii. Follow the same procedure as in (i) for all male polling
booths;
iii. Record the number of votes from female and male
boxes separately on the prescribed form, and only then;
iv. Mix ballots from male and female booths.
lxviii. In Clause 89 (6) (b) after the words ‘contesting candidate or an
election’ the word ‘or polling’ may be inserted.

Clause 91

lxix. In Clause 91 after the words ‘Count of the constituency (excluding’
the words ‘votes of Overseas Pakistanis and’ may be inserted.

Clause 94

lxx. In Clause 94 (5) after the words ‘the Returning Officer shall recount
the ballot papers’ the words ‘of one or more polling stations if a
request or challenge in writing is made by a contesting candidate or
his election agent and the margin of victory is less than five percent
of the total votes polled in the constituency or ten thousand votes,
whichever is less’ may be deleted.
lxxi. In Clause 94 (1) after the words ‘time and place fixed for the’ the
words ‘full recount and’ may be inserted.
lxxii. In Clause 94 (1) after the words ‘contesting candidates’ the words
‘and election agents’ may be deleted and the words ‘, their election
agents, accredited observers, and accredited members of the
media’ may be inserted.
lxxiii. In Clause 94 (1) after the words ‘as may be present,’ the words ‘do
the full recount, and’ may be inserted.
lxxiv. In Clause 94 (1) after the words ‘Results of the Count’ the words
‘furnished by the Presiding Officers’ may be deleted.
lxxv. In Clause 94 (1) after the words ‘Tendered Ballot Papers’ the words
‘votes of Overseas Pakistanis’ may be inserted.
lxxvi. In Clause 94 subsection (6) may be deleted.
lxxvii. In Clause 94 a new subsection (6) may be inserted:
(6) If there is a discrepancy between the recount done by the
Returning Officer and the provisional results as compiled from the
results sent by the Presiding Officers, the Returning Officer shall
record the discrepancy and reasons thereof.’
lxxviii. In Clause 94 (7) after the words ‘but not later than’ the words
‘seventy two’ may be deleted and the words ‘ninety six’ may be
inserted.
lxxix. In Clause 94 (7) the entire Proviso may be deleted
lxxx. In Clause 94 (8) after the words ‘The Returning Officer shall,’ the
words ‘immediately through electronic means as prescribed and,’
may be inserted.
lxxxi. In Clause 94 (10) after the words ‘the Commission shall, within’ the
words ‘fourteen days from the date of publication of the names of
the returned candidates in the official Gazette,’ may be deleted.

Clause 190

lxxxii. After Clause 189 a new Clause may be added as follows and
subsequent clauses may be re-numbered accordingly:

‘Clause 190: If in the opinion of the Commission or upon request by
a candidate and in the opinion of the Commission the request is not
un-reasonable, or during hearing by an election tribunal it seems
necessary that a forensic inquiry has to be conducted and the
NADRA finger print records are matched with the records in the
counterfoils, the Commission or Tribunal may request NADRA to
conduct such an inquiry and submit a report to the Commission or
the Tribunal as the case may be.’

Chapter V

Clause 210

lxxxiii. In Clause 210 sub clause (1) may be deleted.
lxxxiv. In Clause 211 (1) the words ‘fifty million’ may be changed to
‘hundred million’
lxxxv. In Clause 212 Explanation (c) the following words may be added at
the end of the paragraph ‘This shall not apply to holders of NICOP’.
lxxxvi.