h1

2ndSchedule Election of President

*4 [SECOND SCHEDULE

[Article 41 (3)]

Election of President

 

                1.  The 1[Election Commission of Pakistan] shall hold and conduct election to the office of President, and 2[Chief Election Commissioner] shall be the Returning Officer for such election.

 

                2.  The 3[Election Commission of Pakistan] shall appoint Presiding Officers to preside at the meeting of the members of Majlis-e-Shoora (Parliament) and at the meetings of the members of the Provincial Assemblies.

 

                3.  The Chief Election Commissioner shall by public notification fix the time and place for depositing nomination papers, holding a scrutiny, making withdrawals, if any, and holding the poll, if necessary.

 

                4.  At any time before noon on the day fixed for nomination any member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly may nominate for election as President a person qualified for election as President by delivering to the Presiding Officer a nomination paper, signed by himself as proposer and by another member of the Majlis-e-Shoora (Parliament) or, as the case may be Assembly as seconder, together with a statement signed by the person nominated that he consents to the nomination:

 

Provided that no person shall subscribe, whether as proposer or as seconder, more than one nomination paper at any one election.

 

                5.  The scrutiny shall be held by the Chief Election Commissioner at the time   and   place  fixed by him,  and  if  after   scrutiny   only   one  person   remains validly nominated, the Chief Election Commissioner shall declare that person to be elected, or if more than one person remains validly nominated, he shall announce, by public notification, the names of the persons validly nominated, to be hereinafter called the candidates.

                6.  A candidate may withdraw his candidature at any time before noon on the day fixed for this purpose by delivering a notice in writing under his hand to the Presiding Officer with whom his nomination paper has been deposited, and a candidate who has given a notice of withdrawal of his candidature under this paragraph shall not be allowed to cancel that notice.

 

                7.  If all but one of the candidates have withdrawn, that one shall be declared by the Chief Election Commissioner to be elected.

 

                8.  If there is no withdrawal, or if, after withdrawals have taken place, two or more candidates are left, the Chief Election Commissioner shall announce by public notification the names of the candidates, and their proposers and seconders, and shall proceed to hold a poll by secret ballot in accordance with the provisions of the succeeding paragraphs.

 

                9.  If a candidate whose nomination has been found to be in order dies after the time fixed for nomination, and a report of his death is received by the Presiding Officer before the commencement of the poll, the Presiding Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report  the fact  to the Chief Election Commissioner, and all proceedings with reference to the election shall be commenced a new in all respects as if for a new election:

 

 

                Provided that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of the countermanding of the poll:

 

                Provided further that no person who has under paragraph 6 of this  Schedule given notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.

 

                10.  The poll shall be taken at the meetings of Majlis-e-Shoora (Parliament) and of each Provincial Assembly, and the respective Presiding Officers shall conduct the poll with the assistance of  such officers as they may, with the approval of the Chief Election Commissioner, respectively appoint.

 

                11.  A Ballot paper shall be issued to every member of Majlis-e-Shoora (Parliament), and of each Provincial Assembly, who presents himself for voting at the meeting of the members of the Majlis-e-Shoora (Parliament) or, as the case may be of the Provincial Assembly of which he is a member (hereinafter referred to as a person voting), and he shall exercise his vote personally by marking the paper in accordance with the provisions of the succeeding paragraphs.

                12.  The poll shall be by secret ballot by means of ballot papers containing the names of all the candidates in alphabetical order who have not withdrawn, and a person voting shall vote by placing a mark against the name of the person for whom he wishes to vote.

 

                13.  Ballot papers shall be issued from a book of ballot-papers with counterfoils, each counterfoil being numbered; and when a ballot paper is issued to a person voting his name shall be entered on the counterfoil, and the ballot paper shall be authenticated by the initials of the Presiding Officer.

                14.  A ballot paper having been marked by the person voting shall be deposited by that person in a ballot box to be placed in front of the Presiding Officer.

 

                15.  If a ballot paper is spoiled by a person voting he may return it to the Presiding Officer, who shall issue a second ballot-paper, canceling the first ballot paper and marking the cancellation on the appropriate counterfoil.

 

  1. 16.    A ballot paper shall be invalid if—

 

                (i)  there is upon it any name, word or mark, by which the person voting may be identified; or

 

                (ii)  it does not contain the initials of the Presiding Officer; or

 

                (iii)  it does not contain a mark; or

 

                (iv)  a mark is placed against the names of two or more candidates; or

                (v)  there is any uncertainty as to the identity of the candidate against whose name the mark is placed.

 

17. After the close of the poll each Presiding Officer shall, in the presence of such of the candidates or their authorized representatives as may desire to be present, open and empty the ballot boxes and examine the ballot papers therein, rejecting any which are invalid, count the number of votes recorded for each candidate on the valid ballot papers, and communicate the number of the votes so recorded to the Chief Election Commissioner.

 

18.(1)  The Chief Election Commissioner shall determine the result of the election in the following manner, namely:—

 

(a)           the number of votes cast in the Majlis-e-Shoora (Parliament) in favour of each candidate shall be counted;

 

                (b)  the number of votes cast in a Provincial Assembly in favour of each candidate shall be multiplied by the total number of Seats in the Provincial Assembly for the time being having the smallest  number of seats and divided by the total number of seats in the Provincial Assembly in which the votes have been cast; and

 

                (c) the number of votes calculated in the manner referred to in clause (b) shall be added to the number of votes counted under clause (a).

 

“Explanation.—In this paragraph, “total number of seats” includes seats reserved for non-Muslims and women.”

                (2)  A fraction shall be rounded off to the nearest whole.

 

                19.  The candidate who has obtained the largest number of votes complied in the manner specified in paragraph 18 shall be declared by the Chief Election Commissioner to be elected.

 

                20.  Where at any poll any two or more candidates obtain an equal number of votes, the Selection of the candidate to be elected shall be by drawing of lots.

 

                21.  When, after any poll, the counting of the votes has been completed, and the result of the voting determined, the Chief Election Commissioner shall forthwith announce the result to those present, and shall report the result to the Federal Government, who shall forthwith cause the result to be declared by a public notification.

 

                22.  The 5[Election Commission of Pakistan] may, by public notification, with the approval of the President, make rules for carrying out the purposes of this Schedule.]

_____________________________________________________

Footnotes:

1.Section 10(a)(i) of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), substituted the said words, in place of the words “Chief Election Commissioner”, in paragraph 1 of the Second Schedule, (w.e.f. February 28, 2012).

2. Section 10(a)(ii) of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), inserted the said words, after the word “and”, occurring for the second time, in paragraph 1 of the Second Schedule, (w.e.f. February 28, 2012).

3. Section 10(b) of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), substituted the said words, in place of the words “Chief Election Commissioner”, in paragraph 2 of the Second Schedule, (w.e.f. February 28, 2012).

                *4.  Item 54 of the Schedule to RCO (P.O. No. 14 of 1985), substituted the Second Schedule, in its present form, (w.e.f.March 2, 1985) in place of the Schedule as adopted in 1973, that read :

“SECOND SCHEDULE

[Article 41 (3)]

Election of President

                1.  the Chief Election Commissioner (hereinafter referred to as the Commissioner) shall hold and conduct election to the office of President and shall be the Returning Officer for the selection.

                2.  The Commissioner shall, by notification in the official Gazette, fix —

                (a)  The date, time and place for nomination of candidates, and for scrutiny of nomination papers;

                (b)  the final date for withdrawal of candidature; and

                (c)  the date, time and place for taking of poll.

                3.  At any time before noon on the day fixed for nomination, any member of either House may nominate for election as President a person qualified for election as President by delivering to the Commissioner, or in his absence to the Secretary to the Election Commissioner, a nomination paper signed by him as proposer and another member of either House as seconder, together with a statement signed by the person nominated that he consents to the nomination; provided that no person shall subscribe, whether as proposer or seconder, more than one nomination paper at any one election, and if any person subscribes more than one nomination paper, whether as proposer or as seconder, all the nomination papers so subscribed shall be invalid.

                4.  Scrutiny of nomination papers shall be conducted by the Commissioner at the place and time and on the date fixed for the purpose.

                5.  Each candidate, or his authorised agent, shall be entitled to attend the proceedings for scrutiny of nomination papers and to raise objections in respect of nomination papers of other candidates.

                6.  A candidate whose nomination paper has been found to be in order may withdraw his candidature at any time before noon on the last day fixed for the purpose by delivering a notice in writing under his hand to the Commissioner, or in his absence to the Secretary to the Election Commission, at the place where the nomination paper was received.

                7.  If all but one of the candidates have withdrawn, that one shall be declared by the Commissioner to be elected.

                8.  If no validly nominated candidate remains in the field after withdrawals have taken place, all the proceedings in relation to the election shall commence fresh.

                9.  If a validly nominated candidate who has not withdrawn his candidature dies before the commencement of the poll, the Commissioner shall countermand the poll and all proceedings in relation to the election shall commence in all respects as if for a new election:

                Provided that no fresh nomination shall be necessary in the case of a person whose nomination was valid at the time of the countermanding of the poll:

                Provided further that no person who had withdrawn his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.

                10.  If there is no withdrawal, or if, after withdrawals have taken place, two or more candidates are left in the field, the Commissioner shall, by public notification, announce forthwith the names of the candidates as validly nominated candidates and shall proceed to hold a poll in accordance with the provisions of the succeeding paragraphs of this Schedule.

                11.  On the request of the Commissioner, the Speaker shall summon Parliament to meet in a joint sitting at the place and time and on the date fixed for the purpose of taking of  poll.

                12.  The Commissioner shall appoint a Presiding Officer to conduct the poll.

                13.  The poll shall be by secret ballot.

                14.  The Commissioner shall furnish the Presiding Officer with a complete list of members of both Houses (each such member being hereinafter referred to as “voter”) entitled to vote at thepoll.

                15.  The ballot-papers, with their counterfoils, shall be bound in the form of a book. Serial numbers shall appear only on the counterfoils, Ballot-papers so bound shall be sent to the Presiding Officer.

                16.  Every ballot-paper shall bear the names of all the validly nominated candidates in alphabetical  order. A ballot-paper, authenticated by the initials of the Presiding Officer, shall be issued by the Presiding Officer to a voter upon due identification and the name of the voter to whom the ballot-paper is issued shall be noted on the counterfoil. The voter shall exercise his vote by placing a cross-mark against the name of the candidate for whom he wishes to vote.

                17.  The ballot-paper having been marked by the voter shall be inserted by that voter in a ballot-box placed in front of the Presiding Officer.

                18.  If a ballot-paper is spoiled by a voter, he may return it to the Presiding Officer who shall issue to the voter a second ballot-paper after cancelling the first paper and marking the cancellation at the appropriate counterfoil.

                19.  A ballot-paper shall be invalid if —

                (i)  there appears on it any writing or mark by which the voter may be identified; or

                (ii)  it does not bear the initials of the Presiding Officer; or

                (iii)  it does not contain a cross-mark against the name of any candidate; or

                (iv)  a cross-mark is placed against the names of two or more candidates; or

(v)  there is any uncertainty as to the candidate against whose name the cross-mark is placed.

20.  After the close of the poll, the Presiding Officer shall, in the presence of such of the candidates or their authorised agents as may desire to be present, open and empty the ballot-box, count the number of votes recorded for each candidate and transmit the ballot-papers, together with a covering note giving the count of ballot-papers, to the Commissioner.

                21.  The Commissioner shall, in the presence of such of the candidates or their authorised agents as may desire to be present, examine the ballot-papers, rejecting any which are invalid, and count the number of votes recorded for each candidate.

                22.  If there are only two candidates, the candidate who has secured the larger number of votes shall be declared by the Commissioner to be elected.

                23.  if there are three or more candidates and one of then has secured a larger number of votes than the aggregate number of votes secured by the rest of the candidates, he shall be declared by the Commissioner to be elected.

                24.  If there are three or more candidates and no candidate has secured the number of votes specified in the last preceding paragraph, a fresh poll shall be held in accordance with the preceding provisions of this Schedule, at which the candidate who secured the smallest number of votes at the last poll shall be eliminated, and the process shall be repeated until one candidate secures more votes than the remaining candidate or the aggregate votes of the remaining candidates.

                25.  When determined, the result of election shall forthwith be reported by the Commissioner to the Federal Government who shall forthwith cause it to be notified in the official Gazette.

                26.  The Commissioner with the approval of the President, may, by notification in the official Gazette,  make rules for carrying out  the purposes of this schedule”.

5. Section 10(b) of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), substituted the said words, in place of the words “Chief Election Commissioner”, in paragraph 2 of the Second Schedule, (w.e.f. February 28, 2012).


Comparative Table of 2nd Schedule of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
Constitution of Pakistan 1956 :
1 & 6th Schedule
Constitution of India 1950:
2nd Schedule
Government of India Act 1935:

____________________________________________________________

Leading & Latest Cases on 2nd Schedule of the Constitution of Pakistan, 1973:



Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: