DOCUMENT No. 17

Election Commission’s Directive No. II of 2002

Whereas the Supreme Court of Pakistan, in the validation case in 2000, allowed a period of three years to the Chief Executive of the Islamic Republic of Pakistan for holding free, fair and impartial elections by the Chief Election Commissioner to the National Assembly, the Provincial Assemblies and the Senate of Pakistan to enable him to restore the democratic institutions to the rightful holders/the representatives of the people under the Constitution.

And Whereas in pursuance of the above judgment and in exercise of all other powers enabling him in that behalf, the Chief Executive and the President of the Islamic Republic of Pakistan was pleased to announce that the general elections to the National Assembly, the Provincial Assemblies and the Senate of Pakistan shall be held on 10th October, 2002;

And Whereas the Chief Executive and the President of the Islamic Republic of Pakistan assured the nation that the forthcoming general elections would be held in a free, fair and transparent manner.

And Whereas under Article 218(3) of the Constitution of the Islamic Republic of Pakistan, 1973 read with the Election Commission Order, 2002, as amended, it is the duty of the Election Commission to organize and conduct the election 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 Article 6 of the Election Commission Order, 2002 empowers the Election Commission to issue such directions or orders as may be necessary for the performance of its functions and duties including an order doing complete justice in any matter pending before it and an order for the purpose of securing the attendance of any person or the discovery or production of any document and that any such direction or order shall be enforceable throughout Pakistan and shall be executed as if it had been issued by the High Court;

And Whereas under Article 220 of the Constitution of the Islamic Republic of Pakistan, 1973 read with the Election Commission Order, 2002, it is the duty of all the executive authorities in the Federation and in the Provinces to assist the Chief Election Commissioner and the Election Commission of Pakistan in the discharge of his or their functions;

Now therefore, in pursuance of the provisions contained in Part VII of the Constitution of the Islamic Republic of Pakistan, 1973 read with the Election Commission Order, 2002 as amended, the Conduct of General Elections Order, 2002 as amended and in exercise of all powers enabling it in that behalf, the Election Commission of Pakistan has been pleased to direct as follows:

1. To enhance the capability of the Election Commission for ensuring free and fair elections, the executive authorities in the Federation and in the Provinces, shall not use the State resources anywhere in Pakistan for unfair advantage.
2. The executive authorities in the Federation and in the Provinces shall not exercise undue influence, affecting the interest of any person intending to contest election, a contesting candidate or a political party for participating in the forthcoming elections, 2002 in accordance with law;
3. The Cabinet and Establishment Secretaries in the Federation and Chief Secretaries in the Provinces shall ensure that the executive authorities in the Federation and in the Provinces shall act with neutrality and impartiality throughout the election process and shall not use official influence or governmental patronage in favour of a person intending to contest election or a contesting candidate or a political party in the forthcoming elections, in accordance with law.

http://www.pak.gov.pk/elec2002/elec-comm.htm