An Ordinance to constitute a Commission to inquire into the conduct of the General Elections 2013 and for vesting such Commission with certain powers

[Gazette of Pakistan, Extraordinary, Part-I, 4th April, 2015]

No. 2 (1)/2015-Pub., dated 3.4.2015.–The following Ordinance promulgated by the President is hereby published for general information:–

WHEREAS it is expedient to constitute a judicial commission to inquire into the organization and conduct of the General Elections 2013 held on May 11, 2013;

AND WHEREAS the Senate and the National Assembly are not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;

Now THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance, namely: —

1.     Short title, extent and commencement.–(1) This Ordinance may be called the General Elections 2013 Inquiry Commission Ordinance, 2015.

(2)      It extends to the whole of Pakistan.

(3)      It shall come into force at once.

2.     Constitution of Commission.–(1) There shall be constituted a Commission to be called the General Elections 2013 inquiry Commission, hereinafter referred to as the Commission, for carrying out the purposes of this Ordinance.

(2)      The Commission shall comprise three Judges of the Supreme Court of Pakistan, which shall be constituted by the Chief Justice of Pakistan, on the request of the Federal Government.

(3)      The Federal Government shall submit such request under sub-section (2) not later than three days after the commencement of this Ordinance.

(4)      There shall be a Chairman of the Commission, to be nominated by the Chief Justice of Pakistan from amongst the three members of the Commission:

Provided that if the Chief Justice of Pakistan is a member of the Commission he shall act as the Chairman.

3.     Scope of Inquiry.–The Commission shall inquire into and determine whether or not,–

(a)      the General Elections 2013 were organised and conducted impartially, honestly, fairly, justly and in accordance with law;

(b)      the General Elections 2013 were manipulated or influenced pursuant to a systematic effort by design by anyone; and

(c)      the results of the General Elections 2013, on an overall basis, are a true and fair reflection of the mandate given by the electorate.

4.     Powers of Commission.–(1) The Commission shall have all the powers of a criminal Court under the Code of Criminal Procedure, 1898 (V of 1898) and that of a civil Court under the Code of Civil Procedure, 1908 (VI of 1908) for carrying out the purposes of this Ordinance.

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