The Election Act, 2017 has improved the way political parties are enlisted in Pakistan. Following is the legal framework for the political parties
CHAPTER XI
POLITICAL PARTIES
- Formation of political parties.—(1) Subject to this Act, it shall be lawful for any body of individuals or association of citizens to form, organize, continue or set-up political party.
(2) A political party shall have a distinct identity of its structures at the national, provincial and local levels, wherever applicable.
(3) Every political party shall have a distinct name.
(4) Notwithstanding anything contained in sub-section (1), a political party shall not—
(a) Propagate any opinion, or act in a manner prejudicial to the fundamental principles enshrined in the Constitution;
(b) Undermine the sovereignty or integrity of Pakistan, public order or public morality or indulge in terrorism;
(c) promote sectarian, regional or provincial hatred or, animosity;
(d) bear a name as a militant group or section or assign appointment titles to its leaders or office-bearers which connote leadership of armed groups;
(e) impart any military or para-military training to its members or other persons; or
(f) be formed, organized, set-up or convened as a foreign-aided political party.
- Constitution of political parties.—(1) A political party shall formulate its constitution, by whatever name called, which shall include—
(a) the aims and objectives of the political party;
(b) organizational structure of the political party at the Federal, Provincial and local levels, whichever is applicable;
(c) membership fee to be paid by the members, where applicable;
(d) designation and tenure of the office-bearers of the political party;
(e) criteria for receipt and collection of funds for the political party; and
(f) Procedure for—
(i) election of office-bearers;
(ii) powers and functions of office-bearers including financial decision-making;
(iii) selection or nomination of party candidates for election to public offices and legislative bodies;
(iv) resolution of disputes between members and political party, including issues relating to suspension and expulsion of member; and
(v) method and manner of amendments in the constitution of the political party.
(2) Every political part shall provide a printed copy of its constitution to the Commission.
(3) Any change in the constitution of a political party shall be communicated to the Commission within fifteen days of incorporation of the change and the Commission shall maintain updated record of the constitutions of all the political parties.
- Enlistment of political parties.—(1) A political party formed after the commencement of this Act shall, within thirty days of its formation, apply to the Commission for enlistment of the political party.
(2) The application for enlistment shall be accompanied by a copy of the constitution of the political party, the certificate and the information required to be submitted under section 201 and section 209, a copy of consolidated statement of its accounts under section 210, a list of at least two thousand members with their signatures or thumb impressions along with copes of their National identity cards, and proof deposit of two hundred thousand rupees in favour of the Commission in the Government Treasury as enlistment fee.
(3) The Commission shall enlist a political party applying for enlistment under sub-section (1) if the Commission is satisfied that the political party fulfills the requirements specified in sub-section (2).
(4) A political party enlisted by the Commission before the commencement of this Act shall be deemed to have been enlisted under this Act provided it has filed with the Commission the documents mentioned in sub-section (2) and if not, it shall submit the documents within sixty days from the commencement of the Act.
(5) If an enlisted political party fails to file the documents under sub-section (2) within the time stipulated under sub-section (4), the Commission shall cancel the enlistment of the political party after affording an opportunity of being heard to that political party.
(6) A political party which has been refused enlistment or whose enlistment has been cancelled under this section may, within thirty days of the refusal or cancellation of enlistment, file and appeal before the Supreme Court.
(7) Where the Government declares that a political party has been formed or is operating in a manner prejudicial to the sovereignty, or integrity of Pakistan, it shall within fifteen days of such declarations refer the matter to the Supreme Court.
- 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.
- Membership fee, contributions and donations.—(1) A member of a political party shall be required to pay a membership fee, if provided in the political party’s constitution and may in addition, make contributions or donations towards the political party’s funds.
(2) The fee, contribution or donation made by a member or a supporter of a political party shall be duly recorded by that political party.
(3) Any contribution or donation made, directly or indirectly, by any foreign source including any foreign government, multi-national or public or private company, firm, trade or professional association or individual shall be prohibited.
(4) Any contribution or donation which is prohibited under this Act shall be confiscated in favour of the Government in such manner as may be prescribed.
Explanation.—For the purpose of this section—
- “contribution or donation” includes a contribution or donation made in cash, kind, stocks, transport, fuel and provision of other such facilities; and
- “foreign source” shall not include an Overseas Pakistani holding a National Identity Card for Overseas Pakistanis issued by the National Database and Registration Authority.
- Suspension or expulsion of a member.—(1) A member of a political party may be suspended or expelled for the political party’s membership in accordance with the procedure provided in the constitution of the political party.
(2) Before making an order for suspension or expulsion of a member from the political party, such member shall be provided with a reasonable opportunity of being heard and of showing cause against the action proposed.
- Selection for elective office.—A political party shall make the selection of candidates for elective offices, including membership of the Majli-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.
- Functioning of a political party.—(1) A political party shall have an elected general council at the Federal, provincial and local levels, wherever applicable, and by whatever name it may be referred.
(2) A political party shall, at least once in a year, convene a general meeting at the Federal, Provincial and local level of a political party, wherever applicable, and shall invite the members of the political party or their delegates to participate in the general meeting.
- Elections within a political party.—(1) The office-bearers of a political party at the Federal, Provincial and local levels, wherever applicable, shall be elected periodically in accordance with the constitution of the political party:
Provided that a period, not exceeding five years, shall intervene between any two elections.
(2) A member of a political party shall, subject to the provision of the constitution of the political party, be provided with an equal opportunity of contesting election for any political party office.
(3) All members of the political party at the Federal, Provincial and local levels shall constitute the electoral-college for election of the party general council at the respective levels.
(4) The political party shall publish the updated list of its central office-bearers and Executive Committee members, by whatever name called, on its website and send the list, and any subsequent change in it, to the Commission.
- Certification by the political party.—(1) A political party shall, within seven days from completion of the intra-party elections, submit a certificate signed by an office-bearer authorized by the Party Head, to the Commission to the effect that the elections were held in accordance with the constitution of the political party and this Act to elect the office-bearers at the Federal, Provincial and local levels, wherever applicable.
(2) The certificate under sub-section (1) shall contain the following information—
(a) the date of the last intra-party elections;
(b) the names, designations and addresses of office-bearers elected at the Federal, Provincial and local levels, wherever applicable;
(c) the election results; and
(d) copy of the political party’s notifications declaring the results of the election.
(3) The Commission shall, within seven days from the receipt of the certificate of a political party under sub-section (1), publish the certificate on its website.
- Information about the sources of funds.—(1) A political party shall, in such manner as may be prescribed, submit to the Commission within sixty days from the close of a financial year, a consolidated statement of its accounts audited by a Chartered Accountant on Form D containing—
(a) annual income and expenses;
(b) source of its funds; and
(c) assets and liabilities.
(2) The statement under sub-section (1) shall be accompanied by the report of a Chartered Accountant with regard to the audit of accounts of the political party and a certificate signed by an office-bearer authorized by the party head stating that—
(a) no funds from any source prohibited under this Act were received by the political party; and
(b) the statement contains an accurate financial position of the political party.
- Campaign finance.—(1) A political party shall furnish to the Commission the list of contributors who have donated or contributed an amount equal to or more the one hundred thousand rupees to the political party for its election campaign expenses.
(2) A political party shall furnish to the Commission details of the election expenses incurred by it during a general election.
- Dissolution of a political party.—(1) Where the Federal Government is satisfied on the basis of a reference from the Commission or information received form any other source that a political party is a foreign-aided political party or has been formed or in operating in a manner prejudicial to the sovereignty or integrity of Pakistan or is indulging in terrorism, the Government shall, by a notification in the official Gazette, make such declaration.
(2) Within fifteen days of making a declaration under sub-section (1), the Government shall refer the matter to the Supreme Court.
(3) Where the Supreme Court upholds the declaration made against the political party under sub-section (1), such political party shall stand dissolved forthwith.
Explanation.—In this section, ‘foreign-aided political party’ means a political party which—
- Has been formed or organized at the instance of any foreign government or political party of a foreign country; or
- Is affiliated to or associated with any foreign government or political party of a foreign country; or
- Receives any aid, financial or otherwise, form any foreign government or political party of a foreign county, or any portion of its funds from foreign national.
- Effects of dissolution of political party.—(1) Where a political party is dissolved under section 212, any member of such political party, if he is a member of the Majlis-e-Shoora (Parliament), a Provincial Assembly or a local government, shall be disqualified for the remaining term to be a member of the Majlis-e-Shoora (Parliament), Provincial Assembly or local government.
(2) The Commission shall by notification in the official Gazette, publish the names of the members of a political party becoming disqualified from being member of Majlis-e-Shoora (Parliament), Provincial Assembly or local government on the dissolution of the political party under section 212.
Political parties
- Political parties to provide printed copy of constitution.—Every political party shall—
(a) within thirty days of its formation; or
(b) which is already in existence, within sixty days of the commencement of the Act;
Provide to the Commission a printed copy of its constitution along with a certificate duly attested by the Party Leader that its constitution is in conformity with the requirements of the Act.
- Enlistment of Political Parties.—(1) A political party applying for its enlistment under section 202 shall submit its application to the Commission in the manner as may be determined by the Commission.
(2) The list of two thousand members of the political party required to be submitted under sub section (2) of section 202 shall be provided in Form-64.
(3) The sum of two hundred thousand rupees shall be deposited in State Bank of Pakistan or National Bank of Pakistan as enlistment fee in the head of account “C03-Miscellaneous Receipts, C038-Others, C03870-Others (Election Receipts)”
- Political parties enlisted before the commencement of the Act.—A political party, enlisted by the Commission before the commencement of the Act, shall be deemed to have been enlisted under this Act provided that it shall comply with the provisions of sub-section (4) of section 202.
- Mode of Submission of documents.—The constitution, certificates, documents, etc. to be submitted to the Commission under the Act shall be delivered through an office bearer of the part, duly authorized by the Party Leader and shall not be entertained through post, fax, courier service or any other mode.
- Scrutiny of political parties’ constitution and information, etc.—Where the Commission is of the opinion that the constitution, other documents and information submitted by a political party is not in conformity with the Act, it shall return the same with specific observations to the concerned political party for resubmission in accordance with the provisions of the Act.
- Submission of certificate to the commission regarding intra-party election.—(1) The Party Leader of each political party under his signature shall, within seven days of the completion of intra-party elections, submit a certificate to the Commission in Form-65 specifying that the intra-party elections have been held in accordance with the constitution of the party and the provisions of the Act.
(2). The Commission shall, after satisfying itself that the certificate fulfills the requirements of sections 208 and 209, publish the certificate including the details of election in the official Gazette.
- Submission of consolidated statement of accounts to the commission.—Every political party shall maintain its accounts indicating its annual income and expenses, sources of funds, assets and liabilities and shall, within sixty days from the close of each financial year, submit to the Commission a consolidated statement of accounts of the party audited by a Chartered Accountant in Form D appended to the Act which shall contain a certificate duly signed by an office-bearer authorized by the Party head to the effect that no funds from any source prohibited under the Act were received by the party and that the statement contains an accurate financial position of the party:
Provided that the detailed audit report of the Charted Accountant shall be annexed with Form D submitted under this rule.
- Confiscations of prohibited funds.—Where the Commission on its own motion or on the application filed by any person, decides that the contributions or donations, as the case may be, accepted by a political party, are prohibited under subsection (3) of Section 204, it shall, subject to notice to the political party concerned and after giving an opportunity of being heard, direct the same to be confiscated in favour of the State to be deposited in State Bank of Pakistan or National Bank of Pakistan in the head of the account “C03-Miscellaneous receipts, C038-Others, C03870-Others (Election Receipts)”.
- Submission of details of campaign finance to the Commission.—(1) Every political party taking part in a general election shall furnish to the Commission details of the election expenses incurred by it during that election:
Provided that such detail of election expenses hall also contain the list of contributors who donated or contributed an amount equal to or more than one hundred thousand rupees to the political party for its election campaign expenses.
(2). The details of election expenses under this rule shall be submitted by the political party within sixty days of the publications of the names of returned candidates in the official gazette.
ELECTION COMMISSION OF PAKISTAN
FORM-61
[see rule 154(2)]
LIST OF MEMBERS OF A POLITICAL PARTY
Name of Political party……………………………………………………………………………..
| S. No | Name of Party members | National Identity Card No. | Signature | Thumb impression | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 |
1
2
3
4
5
6
7
8
9
10
Etc.
………………………………………………………………………………………………………
Name, signature and seal of party head …………………………………..
……..………………………….
Address…………………………………
………………………………….
National Identity Card No…………………………………
Contact No. …………………………………
Date…………………..
………………………………………………………………………………………………………
Note: Attach copies of National Identity Cards of the members mentioned in this form.
FORM-65
[see rule 158(1)]
CERTIFICATE REGARDING INTRA PARTY ELECTIONS
I ……………………………………………………….. (name) Party Head/authorized office-bearer of …………………………………………….…… (name of political party) do hereby certify that intra party elections have been held in accordance with the constitution of the party and the provisions of the Elections Act 2017 and furnish the following information and documents annexed hereto in respect of:
- The date of the last intra party elections;
- The names, designations and address of the party leader and all other office-bearers (along with their attested copes of national Identity Card) elected at the federal, provincial and local levels, wherever applicable;
- The election results, including the total number of votes cast and the number of votes secured by each contestant for all of party offices; and
- Comp of the party’s notifications declaring the results of the election.
- It is hereby certified that the information furnished along with this certificate is correct and nothing has been concealed therefrom.
Name, signature and seal of
Party Head /authorized office-bearer…………………………………..
……..………………………….
Address…………………………………
………………………………….
National Identity Card No…………………………………
Contact No. …………………………………
Place………………………
Date………………………….
………………………………………………………………………………………………………
