PTI EC Rules and Regulations for Conducting IPE 2015

8/20/2019 PTI EC Rules and Regulations for Conducting IPE 2015

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RULES & REGULATIONS FOR CONDUCT OF INTRA-PARTY ELECTIONS 2015

Sections Pages

1. Short, title and commencement 2

2.

Definitions 2

3. Formation of Commission 3

4. Power of the Commissioner or the Commission 3

5. Duties of the Commissioner or the Commission 5

6.

Procedure of the Commission 5

7. Assistance to the Commission 6

8. Appointment of Election Committees and Election Staff 6

9.

Eligibility for Voters/Electors 6

10. Eligibility of Candidate for Party Position 7

11. Notification for membership campaign and election 7

12. Supply and publish of electoral rolls 8

13.

Nomination for election 8

14. Nomination Fee 10

15. Mode of Payment 10

16.

Qualification of Candidates for Special Positions 11

17. Election Petition 11

18. Appointment and Procedure of Tribunal 12

19. Powers of Tribunal 12

20.

Offences and Punishments 1321. Membership / Voting Fee 14

22. Removal of difficulties 14

23.

Schedules/Annexures 14

24. Nomination Form-English 15


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1. Short, title and commencement.—(a) These rules may be called the “Conduct of

Intra-Party Election (PTI) Rules, 2015”.

(b) They shall come into force at once with the approval of the Chairman of Pakistan

Tehreek-e-Insaf from the date of signing as defined in Article X (b) (e) of PTI Constitution

2012 while interpreting the constitution in absence of Central Executive Committee and

National Council.

2. Definitions. In these rules, unless there is anything repugnant in the subject or

context: -

(a) “Constitution” means Constitution of PTI 2012 and its amendment or its

authorized revocation and re-promulgation.

(b) “Article” means Article of the Constitution.

(c) “Form” means a form appended to these rules and includes a translation

thereof into any language as may be approved by the Central Election

Commission;

(d) “Commission” means as defined in Section 3 of these rules.

(e) “Commissioner” means Chairman of Central Election Commission of PTI

known as CEC (Chief Election Commissioner).

(f) “Elector/Voter” means a person who is enrolled on the electoral roll for any

electoral area in that constituency with Central Election Commission of PTI

and has paid of his voting fee as prescribed by the Commission or the Party.

(g) “Constituency” means a constituency delimited under the Delimitation of

Constituencies Act, 1974 and as defined in PTI Constitution for the seatspecified for election.

(h) “Office Bearer” means elected office holder/bearer as defined in PTI

Constitution.

(i) “Candidate” means a member of PTI appearing as a candidate for or seeking

election for any post of elected seat as defined in PTI Constitution.

(j) “Tribunal” means an Election Tribunal appointed by Central Election

Commission under Article 16.8 of PTI Constitution for the trial of election

petitions relating to intra-party elections.


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(k) “Party” means Pakistan Tehreek-e-Insaf as a registered political party under

the Political Party Order 2002 with the Election Commission of Pakistan.

(l) “Central Election Commission” means a Commission consists of Chief

Election Commissioner and two members appointed by the Chairman of the

Party.

(m) “Member” means a person who acquires the basic membership of the Party

after paying prescribed fee, and registered with PTI Election Commission.

3. Formation of Commission:

Commission consists of Chief Election Commissioner and two members of Central

Election Commission.

4. Power of the Commissioner and of the Commission.-

4.1 The Commissioner shall have such powers and functions as are conferred on him by

these rules and the party constitution;

4.2 At any time when—

4.2.1 The office of Commissioner is vacant, or

4.2.2 The Commissioner is absent or is unable to perform the functions of his office due to

any other cause; a member of the Commission nominated by the Chairman of the

Party shall act as Commissioner.

4.3 The Election Commission shall have power to issue such directions or orders as may

be necessary for the performance of its functions and duties, including an orderregarding any matter pending before it and an order for the purpose of securing the

attendance of any person or the recovery or production of any document.

4.3.1 If a member has been given reasonable opportunities to appear before the

Commission or the Commissioner and he willfully or intentionally avoids entering his

appearance, the Commission or the Commissioner will have power to suspend his

basic membership followed by termination of his basic membership after due course

of process.


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4.4 The Commission shall have power to issue Code of Conduct for candidates for

internal party elections, their supporters, representatives, agents, campaign workers

and party leadership including members of the Central Advisory Council, National

Council, Central Executive Committee and Code of Conduct for Observers, Media,

Polling Staff/Election Coordinators, Security Staff and Election Commissioners to

ensure free, fair and transparent elections.

4.4.1 Membership campaign can only be designed and launched by the Commission. Any

membership initiated in any form, at local level, without explicit permission of this

Commission will be deemed to be an offence and punishable after due course of

process.

4.5 Any such direction, order or Code of Conduct shall be enforceable throughout

Pakistan and outside Pakistan within party.

4.6 All action taken or things done other than the election disputes, by the Commission or

the Commissioner shall not be invalid or called in question, without prior notice to the

Commission or the Commissioner, and that too only by the Chairman of the Party in

affirmative consultation with the Commission.

4.7 Anything required to be done for carrying out the purposes of these Rules, for which

no provision exists shall be done by such authority and in such manner as the Election

Commission may direct.

4.8 No member of the party shall question the legality of any action taken in good faith by

or under the authority of the Commission, the Chief Election Commissioner,

Provincial Election Commissioner or any decision given by any of them or any other

officer or authority appointed under these rules.4.9 No suit, prosecution or other legal proceeding shall lie against the Commission, the

Commissioner or any officer or other person in respect of anything which is done in

good faith or intended to be done under or in pursuance of these Rules or of any rule

or Order made or any direction given there under.

4.10 The Chief Election Commissioner or the Provincial Election Commissioners may, at

any time, for reasons to be recorded in writing, suspend any person or office bearer

performing any duty in connection with an election, or any other office bearer or

member of the party, who obstructs or prevents or attempts to obstruct or prevent the


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conduct of fair and impartial poll or interferes or attempts to interfere with an elector

when he records his vote, or influence in any manner the polling staff or an elector or

does any other act calculated to influence the result of election, and make such

arrangements as it or he may consider necessary for the performance of the functions

of the person so suspended.

4.12 Where the Chief Election Commissioner or the Provincial Election Commissioner

suspends any person, member of the party under sub section (11), the matter shall be

referred to the Central Election Commission for taking disciplinary action against

such person or member of the party and decision of the Central Election Commission

shall be final.

4.13 Central Election Commission has power to award maximum punishment of

termination of basic membership or expulsion from party to any person in party

against whom complaint is lodged regarding malpractices, interference or obstruction

in performance of free, fair and transparent intra-party elections.

5. Duties of the Commissioner/Commission.-

5.1 The Commissioner or the Commission shall be charged with the duty of: -

5.1.1 Preparing electoral rolls for election to all elected post/seat in internal elections of the

party and revising such rolls annually, and to maintain proper record/data of electoral

rolls in soft and hard copies;

5.1.2 Organizing and conducting election to fill casual vacancies vacated during intra party

elections or bye-elections;5.1.3 Appointing Election Tribunals;

5.1.4 Organizing and conducting the election and to make such arrangements as are

necessary to ensure that the election is conducted honestly, justly, fairly and in

accordance with law, and that corrupt practices are guarded against.;

5.1.5 When elected seat has become vacant, an election to fill the elected seat shall be held

within thirty days from the occurrence of the vacancy;

5.1.6 making rules and regulations for conduct of transparent, free and fair internal

elections, and implement these rules in true manner whatsoever;


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5.1.7 issuance of Standing Operating Procedures for Provincial Election Committees,

Regional/District Election Committees, their members and coordinators.

5.1.8 Organizing and conducting the membership campaign in party as well as in wings.

5.1.9 Being the sole repository and custodian of all Membership data of the party.

5.1.10 The elections will be conducted as per the Constitution of 2012. Where, the

Commission feels that the provision of the Constitution are impracticable or not in the

interest of the party, based on the experience of IPE 2013, it shall refer the matter to

the Chairman for his decision under powers given to him in Article X (b)(a) & (e) of

Constitution 2012.

6. Procedure of the Commission.—

6.1 Subject to the provisions of this section, the Commission shall regulate its procedure.

6.2 If, upon any matter requiring a decision of the Commission, there is difference of

opinion among its members, the opinion of the majority shall prevail and decision of

the Commission shall be expressed in terms of the opinion of the majority.

6.3 If, at any time, Commission considers it necessary to amend or review its decision,

the matter shall be put up before the meeting of Commission and decision will be

taken with majority.

7. Assistance to the Commission.—

7.1 Central Secretariat of Party shall render such assistance to the Commissioner and the

Commission in the discharge of his or their functions as may be required of them bythe Commissioner or the Commission.

7.2 The Commissioner or the Commission may require any person or authority in the

party to perform such functions or render such assistance for the purposes of conduct

of intra-party elections and smooth working of the office of the Commission.

7.3 The Commissioner or the Commission may acquire or hire services of experts or

professionals to perform such functions and assistance for the purposes of conduct of

intra-party elections.


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8. Appointment of Election Committees and Election Staff .—

8.1 The Commission may appoint, from amongst the existing members of the party,

within the party or from outside, a member of election committees for each district,

division, region or province.

8.2 The Commission may appoint staff for the purposes of conduct of intra-party

elections and smooth working of its offices at Federal as well as Provincial level.

8.3 The Commissioner may, fix a reasonable remuneration of the members of the

committees and staff for their services.

8.4 If any member of the staff of Commission is found involved in any illegal activities

to obstruct or prevent the conduct of free, fair and impartial poll of intra party

elections, Commission or the Commissioner may terminate his or their services with

immediate effect and it will be the final order.

9. Eligibility for Voters/Electors. –

9.1 Every voter should be citizen of the Pakistan.

9.2 Every voter of PTI should be registered with Election Commission of the PTI well

before the announcement of schedule of elections for respective organizations in his

respective constituency.

9.3 Every voter/elector must have paid his due subscriptions for voter membership of the

party.

10. Eligibility of Candidate for Party Election. A candidate shall;

10.l Be a voter (registered with Commission) of the same constituency where he intends

to contest the election;

10.2 Not have ceased to be a citizen of Pakistan, or not have acquired the citizenship of a

foreign State;

10.3 Be a citizen of Pakistan;

10.4 Not be of unsound mind declared by a competent court of law;


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10.5 Not been convicted by a court of competent jurisdiction on a charge of corrupt

practice, moral turpitude or misuse of power or authority under any law for the time

being in force;

10.6 Be of good character,

10.7 Not, after the establishment of Pakistan, worked against the integrity of the country or

opposed the ideology of Pakistan;

10.8 Not be part of PTI election commission in any manner whatsoever from the date of

announcement of election schedule by the CEC.

10.9 When party election are announced in the party country wide or province wise or in

any area, the organizers / office bearers whether elected or otherwise, will cease to

hold office and the Commission shall appoint members who will conduct the election.

During this period, these persons appointed by the Election Commission will assist

the Chairman in running the party as well. All other office bearers will cease to hold

office.

11. Notification for Membership Campaign and election.—

11.1 As soon as the Commission is ready for conduct and organizing of membership

campaign and election process, the Central Election Commission with the

consultation of Chairman of Party shall issue a notification indicating dates of the

following activities;—

11.1.1 The dates for announcement of membership campaign,

11.1.2 The date for publishing of preliminary voters list,11.1.3 The date for receiving objection on preliminary voters list,

11.1.4 The date for publishing of final voters list,

11.2 The last date for making nominations for the elected seats,

11.2.1 The dates for the scrutiny of nominations and publishing of initial list of valid

candidates,

11.2.2 The dates for the appeal for rejected nomination papers,

11.2.3 The dates for publishing of revised list of valid candidates,

11.2.4 The date or dates on which a poll shall, if necessary be taken.


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11.3 The Central Election Commission shall publish a final voters list on the website of

Commission or Party, or as it otherwise thinks proper, well before the announcement

of dates for nomination papers.

11.4 The District/Regional/Provincial Election Committee shall publish a revised list of

valid candidates on the website of Commission well before the day of election.

12. Supply and publish of electoral rolls.—

12.1 The Commission shall provide the electoral rolls for each elected tier for which

election has to be held to the respective Election Committees and also publish these

on the website of Commission, for guidance of the candidates and electors.

12.2 The Commission will maintain record of the electoral lists/data at its central office.

12.3 The Commission will also prepare and maintain record of the electoral list/data of the

eight special elected wings of the Party.

13. Nomination for election.—

13.1 Any elector of a constituency may propose or second the name of any duly qualified

person to be office bearer for that constituency.

13.2 Every nomination paper shall be made by a separate nomination paper in the

prescribed form which shall be signed both by the proposer and the seconder and

shall, on solemn affirmation made and signed by the candidate, accompany—

13.2.1 A declaration that his basic membership was not previously terminated or suspended by the party, if so, then its detail.

13.2.2 A declaration that he is not convicted in criminal case previously, if so, then its detail.

13.2.3 A statement specifying his educational qualifications, occupation, National Identity

Card number, National Tax Number and details of his party membership, if any.

13.3 Every nomination paper shall be delivered by the candidate in person or through his

proposer or seconder.

13.4 Following nomination paper, for internal elections, shall be delivered before below

mentioned authority by the candidate in person or through his proposer or seconder.


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Nomination Authority

Union Council, Tehsil/Talka/Town & District District Election Coordinator

Region Regional / Provincial Election Coordinator

Province Provincial Election Commissioner

Centre/National Chief Election Commissioner

13.5 A person may be nominated in the same constituency by not more than one

nomination paper.

13.6 No nomination paper delivered under sub section (3) shall be accepted unless a sum

of rupees, as prescribed by the Commission for each tier, is deposited in the account

of Commission or Party, as prescribed.

13.7 Commission or Committee at Province or District level as define by the Commission,

may either of his own motion or upon any objection, conduct such summary enquiry

as it may think fit and may reject nomination paper if it is satisfied that—

13.7.1 The candidate is not qualified to be elected as an office bearer;

13.7.2 The proposer or the seconder is not qualified to subscribe to the nomination paper;

13.7.3 Any provision of this section has not been complied with or submits any false or

incorrect declaration or statement in any manner; or

13.7.4 The signature of the proposer or the seconder is not genuine:

13.8 Commission or committee or coordinator where, after scrutiny, there remains only

one validly nominated candidate or where, after withdrawal, there remains only one

contesting candidate, shall, by publishing it, declare such candidate to be elected to

the seat.13.9 In case of rejection of nomination paper by the District Election Coordinator, a single

and final appeal may be filed before the Provincial Election Commissioner within

three days of the order of rejection and decision of Provincial Election Commissioner

would be final.

13.10 District/Regional Election Coordinators and Provincial Election Commissioners, after

scrutiny of the nomination papers shall forward list of final validated candidates to the

Central Election Commission for publishing on website, along-with original record of

nomination papers.


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14. Nomination Fee

The following will be the nomination fee/s for various positions:

Union Council

• Rs 500 for each candidate

Tehsil/Taluka/Town


District


Region

• Rs 10,000 for each candidate

Province


Centre

1. Chairman, Vice Chairman Rs. 100,000

2. General Secretary, Additional General Secretary Rs. 50,000/-

3.

Senior Vice President, Vice President, Joint Secretary Rs. 25,000

15. Mode of Payment

15.1 Nomination Form Fee payments will be made in following way:

15.2 Through depositing the appropriate amount in the PTI EC bank account as indicated

on the nomination form and submitting the appropriate receipt along with the

Nomination Form.

15.3 Nomination Form fee will not be accepted in cash under any circumstances.


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15.4 Confirmation that the appropriate fee has been paid will be provided at the time of

depositing the Nomination Forms.

16. Qualifications of Candidates for Special Positions

16.1 The following are the requisite qualifications for candidates contesting election/s or

nomination for special positions:

• Secretary Legal should be an advocate licensed by Bar Council and should be elected

from wing at relevant tier.

•

Secretary Doctors should be a doctor registered with PMDC.

• Secretary Engineers should be an engineer registered with PEC.

• Secretary Youth should be between 18 and 35 years of age

• Secretary Minorities should be a non-Muslim.

• Secretary Student Affairs should be between 18 and 25 years of age and should be

enrolled student in educational institution.

• Secretary Teachers should be a teacher in Registered School/College/University.

• Secretary Traders should be a trader/shop keeper as an owner.

• Secretary Labour should be a labourer/worker having EOBI or Social Security Cards.

• Secretary Kissan should be an agriculturist having at least one acre land verified

through a revenue “farad”.

• Secretary Ulema should be an Alam-e-Din (Religious Scholar) having a degree

recognised by the Wafaq-ul-Madaras.

16.2 Some proof of the above will have to be furnished after a person is elected or

nominated to a special position, but before he is notified.

17. Election petition.—

17.1 Only contesting candidate of U.C / Tehsil / District / Region / Province may file

election petition to the Provincial Election Commission and contesting candidate of

Central Organization may file election petition to the Central Election Commission

against the notification of the winning/returned candidate by the Commission within 3

days, containing the names and addresses of the contesting candidates and the


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allegations leveled against returned candidate along-with evidence, if any, and list of

witnesses with affidavit of facts.

17.2 After receiving of an election petition, if the Provincial Election Commissioner finds

that said petition is not valid and has no worth or is not in consonance with the

provisions of these rules or Articles of party constitution, the petition shall be

dismissed with a speaking order forthwith.

17.3 If an election petition is not dismissed under sub section (2), the Provincial Election

Commissioner shall refer it for hearing to the Tribunal.

18. Appointment and Procedure of Tribunal.—

18.1 For the hearing of election petitions under these rules and party constitution, the

Commissioner shall appoint as many Election Tribunals as may be necessary.

18.2 An Election Tribunal shall consist of a person who has been, or does, a member of

legal fraternity, ex-senior bearucrate, or a law know person.

18.3 The Commissioner may, fix a reasonable remuneration for the services of the Election

Tribunal for the period of performance of his duties.

18.4 Election Tribunal shall adjudicate upon the matter within the shortest possible time

but not later than 30 days of the receiving of the petition.

18.5 Tribunal may, call any witness or evidence, to reach a conclusion.

18.6 Tribunal may adopt any procedure it deems fit to reach the decision.

18.7 Any person aggrieved by a decision of the Tribunal may, within 7 days of the

announcement of the decision, appeal to the higher authority as prescribed by CentralElection Commission which authority will be the final authority to decide the matter

and which will be binding on the Commission as well as the party.

19. Power of Tribunal. –

19.1 If any member of the party is found misbehaving, intended to embarrass or engender

disrespect for the Tribunal, shouting in the courtroom or refusing to answer questions

of a Tribunal, or belittle, mock, obstruct, interrupt and degrade the Tribunal and its


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proceedings, attempting to bribe a Tribunal, publishing any material in electronic and

print media against the tribunal shall be liable under contempt of Tribunal and would

be punished as per rules framed by the Commission.

19.2 If any member of the Party is found involved in Contempt of Tribunal, either from

petitioner side or respondent side, the Tribunal may reject his petition or strike-off the

right of defense of the respondent.

19.3 After rejecting the petition or striking off the right defense of the respondent, Tribunal

should refer the matter to the Commission for disciplinary action against the culprits.

19.4 Commission after hearing the parties (guilty person), decide the matter which would

be final.

19.5 Commission either on its own motion or on complaint, may issue show cause to any

member of the party who may be involved in Contempt of Tribunal and after hearing

the culprit, decide the matter which would be final.

20. Offences and Punishments.—

20.1 A person is guilty of corrupt practice if he;

20.1.1 is guilty of bribery, personation or undue influence;

20.1.2 Makes or publishes a false statement or submits false or incorrect declaration in any

particular material;

20.1.3 Makes allegations concerning the personal character of a candidate, to adversely

affect the election of such candidate or for the purpose of promoting or procuring the

election of another candidate;

20.1.4 Forces anyone to refrain from voting, for any candidate of his own choice bythreatening;

20.1.5 Causes or attempts to cause any person present and waiting to vote at the polling

station to depart without voting;

20.1.6 Involved in registering bogus votes in any form;

20.1.7 Violate the sanctity of ballots and secret voting;

20.2 A person is guilty of bribery, if he, directly or indirectly, by himself or by any other

person on his behalf;


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20.2.1 Receives or contracts for any gratification for voting or refraining from voting, or for

being or refraining from being a candidate at , or for withdrawing from, an election;

20.2.2 Gives, offers or promises any gratification to any person for the purpose of inducing

or rewarding, a person to be, or to refrain from being, a candidate at an election or an

elector to vote, or refrain from voting, at any election or a candidate to withdraw from

an election.

20.3 A person is guilty of personation, if he votes, or applies for a ballot paper for voting,

or nominating himself, as some other person whether that other person is living or

dead or fictitious.

20.4 A person is guilty of undue influence, if he; in order to induce or compel any person

to vote or refrain from voting, or to offer himself as a candidate, or to withdraw his

candidature, at an election, directly or indirectly, by himself or by any other person on

his behalf to makes or threatens to use of any force, violence or restraint, or to inflicts

or threatens to inflict any injury, damage, harm or loss,

20.5 A person is also guilty of offence, if he/they files a civil suit or discusses party

election matters in open media, or files any form of petition in any court of law

relating to the party election matters in an adverse manners.

20.6 If any person is guilty of contempt of tribunal as defined above;

20.7 If any person is guilty of disrupting, misbehaving, insulting, threatening, pressurizing,

illegally forcing and defaming election staff, election coordinators, election

committees, or interrupting the process of election, in any manner whatsoever;

20.8 If any person is found involved or guilty of offences mentioned above, Chief Election

Commissioner or the Provincial Election Commissioners may, suspend the basicmembership of the guilty person;

20.9 The Provincial Election Commissioner, after suspension of above said person, shall

refer the matter to the Central Election Commission, for taking disciplinary action

against such person or member of the party. Central Election Commission after

hearing the parties, decide the matter within fifteen days which would be final.

20.10 Central Election Commission has the powers to award maximum punishment of

termination of basic membership or expulsion from party to any person found


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involved in corrupt practices, bribery, personation, malpractices, illegal interference

or obstruction in performance of free, fair and transparent intra-party elections.

21. Membership / Voting Fee: - Prescribed certain sum would be charged for basic

membership of the party only for first time and separate fee would be charged for voting

membership of the party as prescribed by the Commission time to time.

22. Removal of difficulties.- If any difficulty arises in giving effect to any of the

provisions of these Rules, the Chief Election Commissioner or the Chairman of the Party (in

case constitution needs amendment) may make such provision for the removal of the

difficulty as he may deem fit.

These are approved and in accordance with party constitution; _

______________________(Imran Ahmed Khan Niazi)

Approved on 15-09-2015 at Islamabad: Founder Chairman

PAKISTAN TEHREEK -E -INSAF

PTI EC Rules and Regulations for Conducting IPE 2015

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Transcript of PTI EC Rules and Regulations for Conducting IPE 2015