Law: Elections Act, 2017

Section: 94

Law: Constitution of Pakistan, 1973

Section: 17

Elections Act (XXXIII of 2017) --- ----S. 94---Constitution of Pakistan, Art. 17---Overseas Pakistanis---Entitlement to vote in General and Local Bodies Elections---Overseas Voting Solution (Internet Voting)---Overseas Pakistanis had been conferred with the right to vote as per Art. 17 of the Constitution---Where the right of Overseas Pakistanis to vote already existed as per the law and was duly recognized, it must necessarily be given due effect---Supreme Court observed that prima facie the mechanism of Internet Voting was found to be safe, reliable and effective for being utilized in a pilot project---Supreme Court directed that the results of the bye-elections (for the year 2018) and the vote count of the votes cast by the Overseas Pakistanis through the Internet Voting mechanism shall be kept separately and also secret till the time that the Election Commission was satisfied about the technical efficacy, secrecy and security of the votes cast by Overseas Pakistanis through the Internet Voting system; that in case such determination, made on the basis of reasons, was in the negative and the Election Commission was not satisfied about the integrity, safety and reliability of the systems and the votes cast through the same, the Election Commission shall exclude the segregated votes cast by Overseas Pakistanis from the official result of the bye-elections---Constitutional petitions were allowed accordingly. Ch. Nasir Iqbal and others v. Federation of Pakistan the Secy. Law and others PLD 2014 SC 72 ref. THIS ORDER PASSED BY: MIAN SAQIB NISAR, C J.- 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 and 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 extensive exercise was undertaken. As a result Overseas Voting Solution (Internet Voting) (I-voting)…

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