ISLAMABAD: As the National Assembly passed the Elections (Amendment) Bill, 2023 to grant extraordinary powers to the interim government, the PTI has claimed that these powers were in contradiction of the spirit of the Constitution and these would be struck down by the courts sooner than later.  Â
A careful analysis of the Elections (Amendment) Bill, 2023, a copy of which is available with Pakistan Today, reflects that the federal government has proposed 54 amendments to the Election Act, 2017, including amendments to its Section 230 that will enable a caretaker government to take major decisions with regard to the economy and upcoming general elections.
The PML-N-led government has proposed an amendment to sub clause 2 of Section 230 of the Election Act, 2017. The amendment will empower the caretaker government to take important decisions to bolster the economy, but it would not be able to signing bilateral agreements as well as agreements with international financial institutions like the International Monetary Fund (IMF). The changes came not to empower the caretaker setup with signing new agreements after a change made in language of this section, as claimed by Law Minister Mr Azam Nazeer Tarar.
Under the amendment bill, presiding officer (PO) will take pictures of the election results and send them immediately through electronic means to the returning officer (RO) concerned and the Election Commission of Pakistan (ECP).
In case of non-availability of the internet, the PO will deliver the result physically to the RO and the ECP.
The PO will be bound to send the election results by 2am on the day following an election. However, the deadline for submitting the result will be 10am the next day.
In case of a delay in compilation of results, the PO will have to give some solid reasons. In case of negligence, election staff will have to face criminal proceedings.
The National Database Registration Authority (NADRA) will be bound to give complete access to the ECP of records related to newly issued Computerized National Identity Cards (CNICs). The ECP will not be able to change a polling station five days before elections.
Election candidates will be allowed to use only their pre-existing bank accounts for financing their election campaigns. A National Assembly candidate will be allowed to spend Rs4m to Rs10m on his election campaign while a provincial assembly candidate will be allowed to spend Rs2m to Rs4m.
Every constituency will have the same number of registered voters. The difference in the number of registered voters at two constituencies will not be more than 5%. Complaints against demarcation of a constituency will have to be launched within 30 days after notification of such demarcations.
Under the amendment bill, the ECP will be bound to issue details of the polling staff on its website. Election candidates will be allowed to raise objection to the deputation of polling staffs within 10 days after publication of these details
The polling staff will not be allowed to perform election duties in their native districts. Cameras will be installed at the polling stations but secrecy of ballot will also be ensured. In case of withdrawal or rejection of nomination papers, the relevant fee will be returned to such candidates.
An election candidate is allowed to raise an objection to a polling station at a certain locality if he has solid reasons. The political parties will submit their preferential lists of nominees for special seats in the legislatures within three days after the announcement of official election results.
The election tribunals will decide cases related to violation of an elections code of conduct in seven days and not 15 days. The security personnel will perform their duties outside polling stations but will be allowed to enter a polling station with the permission of a PO in case of an eventuality.
The ECP will be bound to provide the voters list of a constituency to the relevant RO 30 days before an election. The PO will be responsible to provide handicapped people the facilities to cast their votes.
