Elections Act, 2017 – Core Provisions & Recent Amendments

Flashcards highlight the key structures, powers, procedures, offences and 2023 amendments of Pakistan’s Elections Act 2017, enabling comprehensive revision for exam preparation.

Which body has constitutional authority to organize and conduct all elections in Pakistan?

The Election Commission of Pakistan (ECP).

Under the Elections Act 2017, what is the minimum quorum for an ECP bench to decide complaints after the 2019 amendment?

Two members (reduced from three by the Elections Amendment Act 2019).

How long after every calendar year must the ECP publish its annual report?

Within 90 days.

Which chapter of the Elections Act deals with Delimitation of Constituencies?

Chapter III.

What is the primary source for delimitation data?

The last preceding officially published population census.

Within what margin should population variances between constituencies ordinarily fall?

Not more than 10 percent (with reasons recorded for exceptions).

What electronic system must be established for fast result transmission?

A Results Management System (RMS).

What must a Presiding Officer do immediately after counting votes under section 13(2) (as amended 2023)?

Take a snapshot of the result and electronically transmit it to the ECP and Returning Officer as soon as connectivity allows.

What is the cut-off date for revising electoral rolls before a general election?

30 days prior to the expiry of an Assembly or local government term.

Who is eligible to vote through postal ballot?

Officials on election duty, persons in service of Pakistan posted away, persons with disabilities (holding special NIC), and detainees.

What percentage of women voter turnout triggers ECP power to presume restraint and void polling?

Less than 10 percent of total votes polled in a constituency.

Who appoints District Returning Officers for Assembly elections?

The ECP, from its own officers, other government officers, or subordinate judiciary in consultation with the relevant High Court.

How many voters should ideally be assigned to one polling booth?

Not more than 300.

What is the campaign spending limit for a National Assembly candidate (after 2023 amendment)?

10 million rupees.

What exclusive financial requirement must every candidate meet before scrutiny?

Open or dedicate a separate bank account for election expenses.

What information must a political party submit annually to the ECP under section 210?

Audited statement of accounts showing income, expenses, sources of funds, and assets/liabilities.

Minimum women representation on a party’s list of candidates on general seats?

At least 5 percent.

What is the status of foreign-sourced funds for political parties?

They are prohibited and liable to confiscation.

What documents does a Returning Officer reseal immediately after consolidation (sec 96 amended 2023)?

Packets and statements opened during consolidation, in the presence of candidates/agents.

Who decides appeals against acceptance or rejection of nomination papers for Assembly seats?

An Appellate Tribunal headed by a High Court Judge appointed by the ECP.

Timeline for an Appellate Tribunal to decide such appeals?

Within the period notified by the ECP; if not decided in time, the appeal abates and RO’s decision stands.

Maximum period for which disqualification under Art. 62(1)(f) can now operate (Amendment Act 2023)?

Not exceeding five years from the court’s declaration.

What major restriction applies to caretaker governments about policy decisions?

They cannot take major policy decisions or agreements that bind the next elected government, except for ongoing bilateral, PPP or privatisation projects (proviso 2023).

Which offences became cognizable under new section 190A?

Offences under sections 174, 176, 177 and 179 (personation, disorderly conduct, canvassing near polling station, etc.).

What penalty faces an election official who wilfully violates official duty (sec 188)?

Imprisonment up to 2 years or fine up to Rs 100,000, or both.

Which symbol rule prevents two parties from having the same symbol?

A symbol allocated to one party cannot be allotted to any other party or candidate.

How often must a political party hold intra-party elections?

At least once every five years.

What fine can ECP impose if a party fails to hold intra-party elections on time (2023)?

Between Rs 100,000 and Rs 200,000.

List three acts classified as corrupt practice.

Bribery, personation, undue influence, capturing polling stations, tampering with papers, publishing false statements.

Maximum imprisonment for corrupt practice?

Three years.

What is required of Presiding Officers before opening a ballot box?

Show empty box, seal it with their and agents’ seals, place it in view of all present.

Who can observe elections according to section 238?

Domestic and international observers accredited by the ECP.

What is the ECP’s time-limit to scrutinize election expenses returns (sec 136)?

Within 90 days of submission (deemed accepted if not scrutinised in time).

When must a Member of Parliament file yearly asset statements?

On or before 31 December each year (as of 30 June position).

Consequence for failing to file annual asset statement by 15 January?

Membership stands suspended by ECP until statement is filed.

Which new voter categories were added for special registration measures (sec 48, 2023)?

Persons with disabilities and transgender citizens.

What special oversight does ECP have if women’s turnout is excessively low?

May declare poll void wholly or partly and order re-polling.

Penalty for violating publicity rules (illegal practice)?

Imprisonment up to 2 years or fine up to Rs 100,000, or both.

Time limit for tribunals to decide election petitions (after 2023 amendment)?

Within 180 days; adjournments limited and cost penalties apply.

To which court does an aggrieved candidate appeal a tribunal’s decision on Assembly elections?

Supreme Court within 30 days; appeal to be decided within 180 days.

Who can request a recount at consolidation stage and under what margin?

Any contesting candidate/agent if margin of victory <5% or 8,000/4,000 votes (NA/Provincial), or excluded votes ≥ margin.

What happens if two candidates finally tie after tribunal decision?

Both serve half terms; lot decides who serves first.

What is the fine for failing to display prescribed poster sizes in campaigns?

Up to Rs 100,000 as illegal practice.

Under what conditions can the ECP postpone a scheduled poll date?

Natural calamity or other reasons beyond its control, with written recorded reasons.

Which section empowers ECP to issue directions for doing ‘complete justice’?

Section 4.

Who pays costs if an election petition is withdrawn?

The petitioner, as ordered by the Tribunal.

What is the maximum election expense for a Provincial Assembly candidate?

4 million rupees.

What margin defines a ‘highly sensitive’ polling station requiring CCTV?

ECP/DRO declare based on security; law prescribes camera installation but no numeric margin.

Is honorary board membership of a state-owned enterprise a disqualification?

No (clarified 2023).

What document must accompany Form C (return of expenses) after 2023 amendment?

Bank statement of the dedicated election account showing all transactions.

Who may appoint up to three election agents per constituency?

The candidate (section 76 amended 2023).

What is the purpose of Form A?

Nomination paper containing proposer/seconder details, candidate’s declaration and oath.

Section dealing with caretaker government limitations?

Section 230.

What is the ECP’s power regarding contempt?

It has High-Court-like power to punish for contempt (section 10).

What is ‘tendered ballot’?

A ballot issued to a voter who claims his vote has been wrongly cast by another (personation).

After 2023, who decides general election date?

ECP announces date(s) by Gazette notification, subject to Constitution (amended sec 57).

What is the status of Ahmadis in electoral rolls as per section 48A?

Their status remains unchanged; if challenged and they refuse finality-of-Prophethood declaration, they are listed as non-Muslim voters.

Which offences are triable by Registration Officers when authorised?

Minor electoral offences under sections 172-179, 180-182, 186-188, etc., tried summarily (section 192).

For Senate seats, how many votes can an Assembly member cast per category?

One transferable vote for each category of seats.

When can a caretaker government transfer officials?

Only with prior written approval of ECP (sec 5(4)).

How many days before polling must list of polling staff be finalized?

Submitted 30 days before poll; changes only with ECP approval.