Political Parties Order 2002 (Amended 2002, 2004, 2011)
Full text of the Political Parties Order 2002 as amended in 2002, 2004 and 2011, including the extension to the Federally Administered Tribal Areas (FATA) by President Asif Ali Zardari on August 20, 2011. || Subscribe to our email newsletter at http://eepurl.com/qnf75 Political parties order 2002 final amended 2002+2004+2011
Published on: Mar 4, 2016
Transcripts - Political Parties Order 2002 (Amended 2002, 2004, 2011)
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60 (b) “Election Commission” means the Election Commission of Pakistan; (c) “foreign-aided political party” means a political party which— (i) has been formed or organised at the instance of any government or political party of a foreign country; or (ii) is affiliated to or associated with any government or political party of a foreign country; or (iii) receives any aid, financial or otherwise, from any government or political party of a foreign country, or any portion of its funds from foreign nationals; (d) “political party” means an association of citizens or a combination or groups of such associations formed with a view to propagating or influencing political opinion and participating in elections for any elective public office or for membership of a legislative body; and (e) “prescribed” means prescribed by rules made under this Order. CHAPTER-II FORMATION OF POLITICAL PARTIES 3. Formation of political parties, etc.—(1) Subject to the provisions ofthis Order, it shall be lawful for any body of individuals or association of citizens toform, organize, continue or set-up a political party. (2) A political party shall have a distinct identity of its structures at thenational, provincial and local levels, wherever applicable. (3) Every political party shall have a distinct name. (4) Notwithstanding anything contained in sub-section (1), a political partyshall not— (a) propagate any opinion, or act in a manner prejudicial to the fundamental principles enshrined in the Constitution of the Islamic Republic of Pakistan; or (b) undermine the sovereignty or integrity of Pakistan, public order or public morality or indulge in terrorism; or (c) promote sectarian, regional or provincial hatred or, animosity; or
61 (d) bear a name as a militant group or section or assign appointment titles to its leaders or office-bearers which connote leadership of armed groups; or (e) impart any military or para-military training to its members or other persons; or (f) be formed, organise, set-up or convened as a foreign-aided political party. 4. Constitution of political parties.—(1) Every political party, includinga political party already in existence, shall formulate its constitution, with whatevername it may be referred, including, inter alia,— (a) the aims and objectives of the party; (b) organisational structure of the party at the Federal, Provincial and local levels, whichever applicable; (c) criteria of membership of the party; (d) membership fee, to be paid by the members; (e) qualifications and tenure of the party leader and other office-bearers of the party; (f) criteria for receipt and collection of funds for the party; and (g) procedure for— (i) election of party leader and other office-bearers at the Federal, Provincial and local levels, wherever applicable; (ii) selection or nomination of party candidates for election to public offices and legislative bodies; (iii) resolution of disputes between members and party, including issues relating to suspension and expulsion of members; and
62 (iv) method and manner of amendments in the constitution of the party. (2) Every political party shall provide a copy of its constitution to theElection Commission. (3) Any change in the constitution of a political party shall forthwith becommunicated to the Election Commission which shall maintain updated record ofthe constitutions of all the political parties. 5. Membership of political parties.—(1) Every citizen, not being inthe service of Pakistan, shall have the right to form or be a member of a politicalparty or be otherwise associated with a political party or take part in political activitiesor be elected as an office-bearer of a political party: Provided that a person shall not be appointed or serve as an office-bearerof a political party if he is not qualified to be, or is disqualified from being, elected orchosen as a member of the Majlis-e-Shoora (Parliament) under Article 63 of theConstitution of the Islamic Republic of Pakistan or under any other law for the timebeing in force: 1 [Provided further that the condition of educational qualification being agraduate possessing a bachelor degree or equivalent laid down for a member ofMajlis-e-Shoora (Parliament) or a Provincial Assembly shall not be applicable to anoffice-bearer of a political party.] (2) Where a person joins a political party, his name shall be duly entered inthe record of the political party as a member and shall be issued a membership card,or any other document showing his membership of such political party. (3) A person shall not be a member of more than one political partyat a time. (4) A member of a political party shall have the right of access to therecords of the political party.—————————————————————————————————————————————— 1 Added vide C.E.O. No. 20 of 2002, dt. 22-7-2002.
63 6. Membership fee and contributions.—(1) A member of a politicalparty shall be required to pay a membership fee as provided in the party’s constitutionand may, in addition, make voluntary contributions towards the party’s funds. (2) The contribution made by members or supporters of any party shall beduly recorded by the political parties. (3) Any contribution made, directly or indirectly, by any foreign government,multi-national or domestically incorporated public or private company, firm, trade orprofessional association shall be prohibited and the parties may accept contributionsand donations only from individuals. (4) Any contribution or donation which is prohibited under this Order shallbe confiscated in favour of the State in the manner as may be prescribed. Explanation.—For the purpose of this section, a “contribution or donation”includes a contribution or donation made in cash, kind, stocks, hospitality,accommodation, transport, fuel and provision of other such facilities. 7. Suspension or expulsion of a member.—A member of a politicalparty may be suspended or expelled from the party’s membership in accordancewith the procedure provided in the party’s constitution: Provided that before making an order for suspension or expulsion of amember from the party, such member shall be provided with a reasonable opportunityto show cause against the action proposed and of hearing. 8. Selection for elective offices.—The political parties shall make theselection of candidates for elective offices, including the membership of theMajlis-e-Shoora (Parliament) and Provincial Assemblies, through a transparentdemocratic procedure. 1 [9. * * * * * * * * *] 10. Functioning of political parties.—(1) Every political party shallhave an elected general council at the Federal, Provincial and local levels, whereverapplicable, and by whatever names these may be referred. (2) Every political party shall, at least once in a year, convene a generalmeeting at the Federal, Provincial and local levels of the party, wherever applicable,to which the party members or their delegates shall be invited to participate.——————————————————————————————————————————-— 1 Omitted vide Act No. III of 2004, dt. 31-7-2004.
64 (3) A member or group of members of the political party may nominate inwriting any other member of the party as a delegate to represent him or them andcast his or their votes in a party meeting. 11. Elections within a political party.—(1) The party leader and otheroffice-bearers of every political party at the Federal, Provincial and local levels,wherever applicable, shall be elected periodically in accordance with party’sconstitution through secret ballot based on a democratic and transparent system: Provided that a period, not exceeding four years, shall intervene betweenany two elections. (2) Every member of the political party shall, subject to the provisions ofthe party’s constitution, be provided with an equal opportunity of contesting electionfor any party office, including that of the party leader. (3) All members of the political party at the Federal, Provincial and locallevels shall constitute the electoral college for election of the party general council atthe respective levels. 12. Certification by the political party.—(1) The party leader of eachpolitical party shall, within seven days from completion of the intra-party electionssubmit a certificate under his signatures to the Election Commission to the effect thatthe elections were held in accordance with the constitution of the party and thisOrder to elect the party leader and other office-bearers at the Federal, Provincial andlocal levels, wherever applicable. (2) The certificate referred to in clause (1) shall contain information inrespect of — (a) the date of the last intra-party elections; (b) the names, designations and addresses of the party leader and all other office-bearers elected at the Federal, Provincial and local levels, wherever applicable; (c) the election results, including the total number of votes cast and the number of votes secured by each contestant for all of its party offices; and (d) copy of the party’s notifications declaring the results of the election. (3) The Election Commission shall publish for public information thecertificate including details of elections referred to in clause (2).
65 13. Information about the sources of party’s fund.—(1) Every political party shall, in such manner and in such form as may be prescribed orspecified by the Chief Election Commissioner, submit to the Election Commission,within sixty days from the close of each financial year, a consolidated statement ofaccounts of the party audited by a Chartered Accountant containing— (a) annual income and expenses; (b) sources of its funds; and (c) assets and liabilities. (2) The statement referred to in clause (1), shall be accompanied by acertificate signed by the party leader stating that— (a) no funds from any source prohibited under this Order were received by the party; and (b) the statement contains an accurate financial position of the party. 14. Eligibility of party to obtain election symbol.—(1) Notwithstand-ing anything contained in any other law for the time being in force, a political partyshall be eligible to obtain an election symbol for contesting elections for Majlis-e-Shoora (Parliament) and Provincial Assemblies on submission of certificates andstatement referred to in Articles 12 and 13: Provided that a combination of political parties shall be entitled to obtaina common election symbol for such election only if, each party constituting suchcombination, submits the certificates and statement referred to in Articles 12and 13. (2) Where any political party or a combination of political parties,severally or collectively, contravenes the provisions of Article 12 or 13, it shall not beentitled to obtain an election symbol for election to the Majlis-e-Shoora (Parliament)or the Provincial Assemblies, and the Election Commission shall not allocate anelection symbol to such party or, as the case may be, the combination of politicalparties for such election. CHAPTER-III DISSOLUTION OF POLITICAL PARTIES 15. Dissolution of a political party.—(1) Where the Federal Govern-ment is satisfied that a political party is a foreign-aided party or has been formed or isoperating in a manner prejudicial to the sovereignty or integrity of Pakistan or is
66indulging in terrorism, it shall make such declaration by a notification in the officialGazette. (2) Within fifteen days of making a declaration under clause (1), theFederal Government shall refer the matter to the Supreme Court whose decision onsuch reference shall be final. (3) Where the Supreme Court upholds the declaration made against apolitical party under clause (1), such party shall stand dissolved forthwith. 16. Effects of Dissolution of political party.—(1) Where a politicalparty is dissolved under Article 15, any member of such political party, if he is amember of the Majlis-e-Shoora (Parliament) or a Provincial Assembly, shall bedisqualified for the remaining term to be a member of the Majlis-e-Shoora (Parliament)or as the case may be, the Provincial Assembly, unless before the final decision ofthe Supreme Court, he resigns from the membership of the party and publiclyannounces his disassociation with such political party. (2) A person becoming disqualified from being a member of theMajlis-e-Shoora (Parliament) of Provincial Assembly under clause (1) shall notparticipate in election for any elective office or any legislative body till the expiry offour years from the date of his disqualification from being a member of theMajlis-e-Shoora (Parliament) or, as the case may be, the Provincial Assembly. (3) The order of members of a political party becoming disqualified frombeing members of Majlis-e-Shoora (Parliament) of the Provincial Assembly on itsdissolution shall be notified in the official Gazette. CHAPTER-IV MISCELLANEOUS 17. Intra-party elections for general elections, 2002.—(1) Everypolitical party desiring to take part in general elections, 2002, shall be required tocomplete its intra-party elections referred to in Article 11 in accordance with theparty constitution and this Order by the fifth day of August, 2002, and submit thecertificate referred to in Article 12 accordingly. (2) A political party which has already completed intra-party elections,as far as possible, according to the requirements of Article 11, before thecommencement of this Order shall submit a certificate to the Election Commissionin accordance with Article 12.
67 (3) A party not complying with the provisions of clause (1) and (2) shallnot be allotted election symbol for the general elections, 2002. 18. Code of conduct of political parties.—The Election Commissionshall in consultation with the political parties, prepare and publish a code of conductfor the political parties. 19. Rules.—The Election Commission may, with approval of the1[President], make rules for carrying out the purposes of this Order. 20. Repeal.—The Political Parties Act, 1962 (III of 1962), is herebyrepealed.————————————————————————————————————————————— 1 Substituted vide C.E.O. No. 20 of 2002, dt. 22-7-2002.