The Constitution of Pakistan, 1973 Developed by Zain Sheikh

THE ALLOCATION OF SYMBOLS ORDER, 2002

 

ELECTION COMMISSION OF PAKISTAN

 

NOTIFICATION

 

Islamabad, August 5, 2002

 

 

 

WHEREAS, clause (a) of sub-section (1) of section 21 of the Representation of the People Act, 1976 provides that the Returning Officer shall allocate one of the prescribed symbols to each contesting candidate, subject to any direction of the Election Commission;

 

AND WHEREAS, Articles 14 and 17 of the ‘Political Parties Order, 2002 (Chief Executive’s Order No. 18 of 2002) provide for allocation of symbols to political parties by the Election Commission subject to the conditions laid therein;

 

AND WHEREAS, it is the duty of Election Commission to organize and conduct the forthcoming elections and to make such arrangements as are necessary to ensure that the elections are conducted honestly, justly, fairly and in accordance with law and the corrupt practices are guarded against.

 

AND WHEREAS, it is expedient, in the interest of fairness of elections, to provide for the allotment of symbols;

 

NOW, THEREFORE, in exercise of the powers conferred under Article 218 of the Constitution of the Islamic Republic of Pakistan, Article 7A of the Election Commission Order,2002 section 21 of the Representation of the People Act, 1976 and all other powers enabling it in that behalf, the Election Commission is pleased to make the following Order for the forthcoming general elections.

 

1. Short title, extent and commencement.-(1) This Order may be called the Allocation of Symbols Order, 2002.

 

(2) It shall come into force at once and applies for the forthcoming general elections.

 

(3) It extends to the whole of Pakistan.

 

2. Definitions.-(a) “political party” means an association of citizens or a combination or groups of such association 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.

 

(b) The other definitions appearing in the Representation of the People Act, 1976, the rules framed there under, the Political Parties Order, 2002, the rules framed there under and the Election Commission Order, 2002 shall be applicable for the purpose of this Order.

 

3. Allotment of symbols.-(1) In every constituency where election is contested, a symbol shall be allotted to a contesting candidate in accordance with the provisions of this Order and different symbols shall be allocated to different candidates at an election in the same constituency.

 

(2) No symbol shall be allocated to any candidate outside the list of symbols prescribed under sub-rule (1) of rule 9 of the Representation of the People (Conduct of Election) Rules, 1977.

 

4. Classification of symbols.-For the purpose of this Order, symbols are classified as under:-

 

(a) Symbols reserved for political parties; and

 

(b) Symbols other than the reserved symbols

 

5. Application for symbol-Subject to fulfillment of the provisions of Political Parties Order, 2002 and the rules framed there under, a political party shall make an application to the Election Commission for allocation of a symbol of its choice within the period specified by the Commission in its press release, and it shall contain,-

 

(a) the list of symbols applied for in order of preference;

 

(b) symbol or symbols if any allocated to the political party during the previous general elections;

 

(c) very such application shall be signed by the Party Leader, by whatever name designated;

 

(d) address of the head office of the political party;

 

(e) the name of its President, Secretary-General and other office-bearers of the Central Executive committee;

 

(f) the numerical strength of its members;

 

(g) copy of election Manifesto/copy of the Constitution of the Political Party (to be attached);

 

(h) whether the party was represented by a member or members in the National Assembly or a Provincial Assembly in the past, if so, the name and other particulars of such member;

 

(i) whether the political party has conducted the intra-party elections as required under Article 12 of the Political Parties Order, 2002; and

 

(j) such other particulars or information from the party as the Commission may deem necessary.

 

6. Principles of allocation of symbols.-(a) A symbol shall be allocated to a political party if it complies with the provisions of this Order and clauses (1) and (2) of Article 17 of the Political Parties Order, 2002 for the General Elections, 2002;

 

(b) a candidate set-up by a political party at an election in any constituency shall be allotted the symbol reserved for that political party and no other symbol; and

 

(c) symbol reserved for a political party by the Commission shall not be allocated to any candidate in any constituency other than the candidate nominated by that political party.

 

7. Symbol disputed by parties or group of parties.-(1) If a political party, satisfies the requirements under para 5, it may be allotted a symbol for all its candidates if it sends their list to the Election Commission in time provided in the press release :

 

Provided that a political party shall have preference for allocation of a symbol if such a symbol was allocated to it before entering into an alliance with other parties in an earlier election.

 

(2) In case the same symbol was allotted to a combination of political parties at the last election and component parties apply for the same symbol for forthcoming elections, the allotment of that symbol to any one political party will be decided by drawing of lots.

 

8. Allocation of symbol to an independent candidate.-A candidate not nominated by any political party (hereinafter called “Independent” candidate) shall choose and shall be allotted one of the symbols not reserved for a political party in the following manner:-

 

(a) where a symbol has been chosen by only one candidate, the Returning Officer shall allot that symbol to that candidate and to no one else;

 

(b) if a symbol is chosen by two candidates and one of them has previously been a member of Parliament or a Provincial Assembly, such symbol shall be allotted by the Returning Officer to the former member of the Parliament or the Provincial Assembly;

 

(c) if more than one independent candidates has chosen the same symbol, the Returning Officer shall allot the symbol to such candidate according to his preference indicated therefor at the time of scrutiny of nomination papers.

 

(d) if more than one candidates has given preference for the same symbol, the Returning Officer shall allot symbol by drawing of lots.

 

9. Repeal.-The Allocation of Symbols Order, 1993 is hereby repealed.