vustudents
08-15-2012, 02:59 AM
Q. Write a comprehensive note on chief election commissioner and election commissioner. (1998-A) (2004-S)
1. Introduction:
The constitution of 1973 provide an administrative structure for elections. its whose duty is to hold fair and free elections. he is an independent functionary of the status and positions. he is an independent functionary of the status and position of a judge of the supreme court. the election is held under his supervisions. his appointment is necessary whenever a general election for an assembly is to be conducted.
2. Relevant provisions:
Article 213 to 217.
3. Election commission:
According to the constitution election commission shall be constituted for the purpose of general election to the assemblies. the election commissioner shall be the chairman of the election commission.
4. Appointment of chief election commissioner:
The president shall appoint the chief election commission.
5. Nature of the appointment:
The appointment is not permanent and substantive. it is merely intended for the purpose of holding of the forthcoming general election.
Case law
P.L.D 1978 SC 40 P.60
A person appointed chief election commissioner can perform the function acting chief justice of high court.
6. Qualification:
Chief election commissioner must be or have been a judge of the high court or supreme court of Pakistan.
(a) Oath of office:
Chief election commissioner takes oath of office before the chief justice of Pakistan.
7. Term of Office:
The term of the office of election commissioner is three years.
8. Extension of term:
National assembly may extend the term for one year through a resolution.
9. Termination:
The procedure of removing the chief election commissioner is similar as for the removal of high court or supreme court.
10. Restrictions:
Chief election commissioner can not accept an office of profit in the service of Pakistan until two years from the date of his retirement.
11. Functions powers and duties of election commissioner:
Functions, powers and duties of election commissioner are as under:
(i) Preparation of electoral rolls:
He prepares electoral rolls for election of national and provincial assemblies and revises the rolls annually.
(ii) Elections of senate:
Chief election commissioner organizes and conduct elections of the senate.
(iii) Appointing election Tribunal:
Chief election commissioner appoint to decide dispute regarding counting of votes or about the conduct of election in any constituency.
(iv) Election of casual vacancies:
Chief election commission holds elections to fill casual vacancies in parliament or in provincial assembly.
12. Acting commissioner:
When the office of the commissioner is vacant or he is absent or unable to perform the functions of his office due to any other cause a judge of the supreme court nominated by the chief justice shall act as commissioner.
13. Conclusion:
To conclude I can say that; the chief election commissioner is appointed by the president for a term of three years. the important duty of the chief election commissioner is to hold fair election in the country. he has such powers and functions as are conferred on him by the constitution and law.
1. Introduction:
The constitution of 1973 provide an administrative structure for elections. its whose duty is to hold fair and free elections. he is an independent functionary of the status and positions. he is an independent functionary of the status and position of a judge of the supreme court. the election is held under his supervisions. his appointment is necessary whenever a general election for an assembly is to be conducted.
2. Relevant provisions:
Article 213 to 217.
3. Election commission:
According to the constitution election commission shall be constituted for the purpose of general election to the assemblies. the election commissioner shall be the chairman of the election commission.
4. Appointment of chief election commissioner:
The president shall appoint the chief election commission.
5. Nature of the appointment:
The appointment is not permanent and substantive. it is merely intended for the purpose of holding of the forthcoming general election.
Case law
P.L.D 1978 SC 40 P.60
A person appointed chief election commissioner can perform the function acting chief justice of high court.
6. Qualification:
Chief election commissioner must be or have been a judge of the high court or supreme court of Pakistan.
(a) Oath of office:
Chief election commissioner takes oath of office before the chief justice of Pakistan.
7. Term of Office:
The term of the office of election commissioner is three years.
8. Extension of term:
National assembly may extend the term for one year through a resolution.
9. Termination:
The procedure of removing the chief election commissioner is similar as for the removal of high court or supreme court.
10. Restrictions:
Chief election commissioner can not accept an office of profit in the service of Pakistan until two years from the date of his retirement.
11. Functions powers and duties of election commissioner:
Functions, powers and duties of election commissioner are as under:
(i) Preparation of electoral rolls:
He prepares electoral rolls for election of national and provincial assemblies and revises the rolls annually.
(ii) Elections of senate:
Chief election commissioner organizes and conduct elections of the senate.
(iii) Appointing election Tribunal:
Chief election commissioner appoint to decide dispute regarding counting of votes or about the conduct of election in any constituency.
(iv) Election of casual vacancies:
Chief election commission holds elections to fill casual vacancies in parliament or in provincial assembly.
12. Acting commissioner:
When the office of the commissioner is vacant or he is absent or unable to perform the functions of his office due to any other cause a judge of the supreme court nominated by the chief justice shall act as commissioner.
13. Conclusion:
To conclude I can say that; the chief election commissioner is appointed by the president for a term of three years. the important duty of the chief election commissioner is to hold fair election in the country. he has such powers and functions as are conferred on him by the constitution and law.