ELECTION ACT 2017 – DETAILED NOTES
1. Introduction
Election Act 2017 is a consolidated law passed by Parliament on 22 August 2017.
Enforced on: 2 October 2017.
It merged and replaced 9 previous election laws (from 1950–2002), including:
Representation of People Act 1976
Conduct of General Elections Order 2002
Delimitation of Constituencies Act 1974
Electoral Rolls Act 1974
Political Parties Order 2002
Allocation of Symbols Order 2002
Etc.
Purpose:
To simplify, modernize, and unify Pakistan’s electoral framework under one comprehensive law.
2. Key Objectives of the Act
Ensure free, fair, transparent, and inclusive elections.
Strengthen the independence and authority of the Election Commission of Pakistan (ECP).
Standardize electoral procedures (registration, voting, counting, results).
Promote gender equality and minority participation.
Introduce technology in electoral processes.
3. Structure of the Act
The Act contains:
15 Chapters
241 Sections
7 Schedules
Each chapter deals with major areas like ECP powers, rolls, nominations, polling, results, political
parties, and election offences.
4. Powers and Independence of ECP
Election Act 2017 significantly empowers ECP.
ECP Powers Include:
Administrative and financial autonomy
Appointment and control of election staff
Full powers to conduct elections to:
National Assembly
Provincial Assemblies
Local governments
Senate
President
By-elections
Right to issue binding orders, rules, and directions
Can conduct inquiries, punish violators, and disqualify candidates for misconduct
Power to nullify or postpone elections if fairness is compromised
5. Electoral Rolls (Chapter III)
ECP must maintain computerized, accurate, photograph-based electoral rolls.
NADRA collaborates to update rolls based on CNIC records.
Every citizen with a valid CNIC is automatically eligible to be registered.
Verification through house-to-house or display centres is allowed.
Rolls updated annually and before local or general elections.
6. Delimitation of Constituencies
Conducted after every census.
Principles:
Population equality (as far as practicable)
Consideration of administrative boundaries
Geographical compactness
Natural barriers (rivers, mountains)
Public objections and hearings are allowed.
7. Registration of Voters
Voter must be:
1. Citizen of Pakistan
2. 18 years or older
3. Hold a valid CNIC
4. Ordinary resident of the constituency
Dual registration is illegal.
8. Nomination of Candidates
Candidates must submit nomination papers, asset details, and party tickets.
Nomination papers scrutinized within 7 days.
RO (Returning Officer) may reject papers on valid legal grounds.
Appeals allowed before Appellate Tribunals.
9. Election Symbols
ECP allots symbols to political parties.
Symbols for independent candidates are allotted on request.
Symbol must be distinct, non-offensive, and non-religious.
10. Polling Procedure
Polling Stations
Set up by ECP at least 30 days before polling.
Must be easily accessible, especially for women and elderly.
Polling Staff
Presiding Officer
Assistant Presiding Officer
Polling Officer
Voting Method
Secret ballot
Voter identification via CNIC
Thumb impression on electoral rolls
Ballot paper issued and stamped
Voter marks and drops ballot in ballot box
11. Counting of Votes & Results
Counting
Conducted at polling station immediately after close.
Transparent, open process.
Presiding Officer prepares:
Form 45 (Result of the Count)
Form 46 (Ballot Paper Account)
Transmission of Results
Results must be transmitted to RO using:
Presiding Officer sealed results
Electronic means (RTS/EMS) where applicable
Consolidated Results
RO prepares Form 47, 48, and 49.
12. Role of Political Parties
The Act includes key regulations for parties:
Party Registration
Must have:
Constitution
Manifesto
Internal election procedures
At least 2,000 members
Financial Transparency
Parties must:
Maintain bank accounts
Submit audited financial statements annually
Submit list of donors
Gender Quota
Political parties must ensure 5% women candidates on general seats.
13. Election Expenses
Limits
National Assembly candidate: Rs. 4 million
Provincial Assembly candidate: Rs. 2 million
Requirements
Maintain proper record
Open separate bank account for campaign expenses
Submit expense details (Form 67) to ECP
14. Code of Conduct
Issued by ECP for:
Political parties
Candidates
Election observers
Media
Government officials
Covers:
Campaign ethics
Hate speech
Bribery
Misuse of official position
Intimidation
Media rules
15. Offences and Penalties (Chapter X)
Election Act 2017 defines 38+ election offences.
Major Offences Include:
1. Personation (fake voting) – imprisonment + fine
2. Multiple voting
3. Bribery & treating
4. Undue influence
5. Tampering with ballots
6. Interference with polling staff
7. False statements or documents
8. Violence at polling stations
ECP can recommend criminal prosecution.
16. Re-Polling, Re-Counting & Re-Elections
ECP may order re-polling in any constituency or polling station due to:
Violence
Rigging
Natural disaster
Serious irregularities
Stolen ballot boxes or forms
Candidates can request re-count or review of the result.
17. Technology in Elections (Reforms)
Election Act 2017 introduced:
Use of Electronic Voting Machines (EVMs)
Biometric verification systems
Overseas Pakistani voting through i-voting
(Implementation depends on Parliament and ECP decisions.)
18. District Returning Officers & Returning Officers
Appointed by ECP
Responsible for constituency-level administration
May be selected from judiciary or civil service
19. Election Disputes
Candidates can file petitions before Election Tribunals.
Time limit to decide: 120 days (often exceeded in practice).
20. Key Schedules Included
Schedule-I: Nomination forms
Schedule-II: Election timelines
Schedule-III: Delimitation rules
Schedule-IV: Code of conduct
Schedule-V: Expense forms
Schedule-VI: Party registration requirements
Schedule-VII: Offences & penalties
21. Key Strengths of the Act
Unified law for all elections
Stronger ECP authority
Women’s participation improved
Transparency in political party funding
Better regulation of campaign finance
Technology enablement
22. Criticism / Challenges
Expense limits unrealistic
Slow implementation of technology
Delays in election tribunals
Enforcement issues in rural areas
Political influence on staff appointments
RTS/EMS failures (2018 & 2024) raised concerns
