Counting of Votes (General Elections) Order 2002
10th September, 2002
WHEREAS, in pursuance of Article 218 (3) of the Constitution of the Islamic republic of Pakistan read with Article 5 (3) of the Election Commission order, 2002 Chief Executive's Order No.1 of 2002), it is the duty of election Commission to organize and conduct the elections and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against.
AND WHEREAS, elaborate arrangements have been made by the Election Commission for making the election fair and transparent.
AND WHEREAS, it is expedient and in the public interest to further streamline the process of counting of votes at the poling stations, communication and announcement of preliminary results of elections and consolidation of election results to make the process more transparent.
NOW THEREFORE, in exercise of its powers conferred under Article 218(3) of the Constitution, Articles 593) and 6 of the Election Commission Order, 2002 (Chief Executive's Order No.1 of 2002) and all other powers enabling it is that behalf, the Election Commission is pleased to make the following Order for the forthcoming General Elections:
1. Short title, extent and commencement.-(1) This Order may be called the Counting of Votes (General Elections) Order 2002.
(2) It shall come into force at once and shall apply for the forthcoming General Elections, subject to the provisions of the Representation of the People Act, 1976 (LXXXV of 1976).
(3) It extends to whole of Pakistan.
2. Definitions.- The definitions appearing in the Representation of the People Act, 1976 (LXXXV of 1976) hereinafter called as `the Act' and the rules framed thereunder shall be applicable for the purpose of this Order.
3. Counting of votes at the Polling Stations.- (1) At the end of the poll, Presiding Officer shall collect in the polling stations all ballot boxes, used at each booth of his polling station for the purpose of counting of votes in the presence of the Polling Agents as may be present.
(2) While carrying ballot boxes from the polling booth to the counting place, the polling staff and the polling agents at that polling booth shall accompany the ballot box.
(3) The Presiding Officer shall first open the ballot boxes containing ballot papers for National Assembly in the presence of polling staff and polling agents. If a candidate, his election agent or an authorized observer is present at the polling stations, he shall also be allowed to witness the counter.
(4) The Presiding Officer shall take out all ballot papers from the ballot box and show the empty ballot box to the polling agents present at the station.
(5) The Presiding Officer shall, in the first instances, examine the ballot papers and separate the ballot papers, if any, of Provincial Assembly, which were inserted by mistake by the voters in the ballot box (s) of National Assembly and place them in safe custody. He shall then count the entire lot of ballot papers taken out from the ballot box (s).
(6) The Presiding Officer shall, before preparation of statement of count for the National Assembly, open the ballot boxes of the Provincial Assembly Election and examine as to whether the ballot paper, if any, for the National Assembly Election has been inserted in those ballot boxes. In case, any ballot paper of the National Assembly election is found in the ballot box(s) of Provincial assembly, he will take out those ballot papers and after determining their status include in the statement of count to be prepared by the Presiding Officer for the National Assembly Election.
(7) He shall open the packets bearing the label challenged ballot papers and count them.
(8) The Presiding Officer shall then examine validity of each ballot paper cast in favour of a candidate and shall exclude from the count a ballot paper which bears.
(i) no official mark and signature of the Presiding Officer;