Law: Elections Act, 2017

Section: 94,239

Law: Constitution of Pakistan, 1973

Section: 17

Election Act, 2017-- ----Ss. 94 & 239--Constitution of Pakistan, 1973, Art. 17--Petitions by overseas Pakistanis--Entitlement of vote--Obligation of ECP--Direction to--Right of Overseas Pakistanis to vote already exists as per law and is duly recognized, it must necessarily be given due effect--For this reason, word 'may' appearing in Section 94 of Act is to be read as 'shall' and to this end, only step which ECP has to take is with regard to adoption of a suitable and effective mechanism and procedure by making appropriate rules under Section 239 of Act--Accordingly, Section 94 of Act makes it mandatory for ECP to conduct pilot projects enabling Overseas Pakistanis to vote in upcoming bye-elections--Bye-elections for 37 constituencies (both National and Provincial) are to take place on 14.10.2018--To our mind, undoubtedly these and subsequent bye-elections (if any) are visualized, and fall within meaning of, 'bye-elections' as contemplated by Section 94 of Act for pilot projects that ECP has to conduct in order to enable Overseas Pakistanis to exercise their right to vote--We are sanguine that aforesaid proposed rules shall be incorporated in Election Rules, 2017 to enable Overseas Pakistanis to exercise their right to vote in forthcoming bye-elections--However, we direct results of bye-elections and vote count of votes cast by Overseas Pakistanis through I-voting mechanism shall be kept separately and also secret till time that ECP is satisfied about technical efficacy, secrecy and security of votes cast by Overseas Pakistanis through I-voting system--Petitions were allowed. PLD 2014 SC 72 ref. THIS ORDER PASSED BY: MIAN SAQIB NISAR, CJ.- The present petitions were filed by, inter alia, certain Overseas Pakistanis prior to the General Elections held on 25.07.2018 with the prayer that they (Overseas Pakistanis) be entitled to vote in the General as well as Local Bodies Elections. Pursuant to the order dated 29.01.2018 whereby this Court directed the National Database & Registration Authority (NADRA) with the assistance of the Election Commission of Pakistan (ECP) to develop a system to provide Overseas Pakistanis with an effective right to vote, an…

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