Election Commission's Legal Powers in Pakistan – Disqualifications, Delimitation & Rigging Cases (1947–2025)

Election Commission's Legal Powers in Pakistan (1947–2025)

The Election Commission of Pakistan (ECP) is a constitutional body entrusted with ensuring free, fair, and transparent elections. Over the years, its role has expanded and evolved, especially in areas of disqualification, delimitation, and addressing rigging allegations. This post explores ECP’s legal powers from independence to 2025.

1. Constitutional Mandate of ECP

The ECP derives its powers from Article 218–222 of the Constitution of Pakistan. Its primary duty is to organize and conduct elections to:

• National Assembly
• Provincial Assemblies
• Local Government Institutions
• Office of the President

Relevant Articles:

• Article 218(3): Duty to ensure fair elections
• Article 219: Electoral rolls and delimitation
• Article 222–224: Election procedures and disqualification handling

2. Powers of Disqualification

The ECP can declare candidates ineligible under:

• Article 62 & 63: Qualification and disqualification criteria
• Election Act, 2017: Procedural powers to de-seat members for false declarations, dual nationality, or corrupt practices
• Supreme Court guidance in cases like Imran Khan vs Nawaz Sharif (2017)

Recent disqualification cases include false asset declarations, contempt of court, and violation of code of conduct.

3. Powers of Delimitation

The ECP carries out the delimitation of constituencies based on census data. The 2023 delimitation after the digital census sparked political controversy across Sindh, Balochistan, and KP due to alleged population undercounts.

Delimitation Challenges:

• Political pressure and accusations of gerrymandering
• Legal petitions challenging delimitation in High Courts
• Transparency in public hearings and objections

4. Role in Election Rigging Cases

The ECP is the first forum for complaints about rigging. It has powers to:

• Summon candidates and parties for inquiry
• Order re-polling or recounts under Section 9 of the Election Act, 2017
• Refer cases to tribunals or initiate suo motu action

Historic Rigging Disputes:

• 1977 elections: Zulfikar Ali Bhutto vs PNA – led to military coup
• 2013 elections: Judicial Commission formed in 2015 on PTI's allegations
• 2018 elections: RTS system failure raised questions of transparency
• 2024 Senate elections: Secret ballot controversies led to court battles

5. Limitations & Criticism

• Lack of autonomy in appointments (CEC appointed by President)
• Inconsistent enforcement of the Code of Conduct
• Slow response to urgent complaints
• Dependence on executive for logistics and law enforcement

6. Recent Reforms and Court Cases

• Election Act, 2017: Consolidated ECP powers and procedures
• SC Judgments: Expanded judicial review of ECP decisions
• 2023–25: New laws proposed for EVMs, overseas voting, and digital voting rolls

Conclusion

Since 1947, the Election Commission has played a central role in shaping Pakistan’s democratic process. While its constitutional powers are vast, implementation gaps, political interference, and legal loopholes weaken its credibility. Strengthening ECP through institutional reforms and judicial independence remains essential for credible elections in Pakistan.

📚 Related Posts:

• Refugee & Stateless Persons Law in Pakistan
• Lack of ADR in Pakistan – Why Mediation Isn't Growing

Written by Syed Mustafa Hussain Gardezi – Advocate High Court
Visit: lets-legislate.blogspot.com