THE POLITICAL PARTIES ORDER, 2002
Chief Executive's Order No. 18 of 2002
JUNE 28, 2002
consolidate and re-enact the law relating to political parties
it is intended to create a political environment conducive to
the promotion of a federal 1[****] democratic system as enshrined
in the Constitution;
WHEREAS political parties play a pivotal role in fostering
a constitutional 1[federal] democratic political culture ;
WHEREAS the practice of democracy within the political
parties will promote democratic governance in the country for
sustaining democracy ;
WHEREAS it is expedient to provide for the formation
and regulation of political parties;
WHEREAS it is essential to revise, consolidate and re-enact
the law relating to political parties and matters connected therewith
and incidental thereto ;
WHEREAS the Chief Executive is satisfied that circumstances
exist which render it necessary to take immediate action ;
THEREFORE, in pursuance of the Proclamation of Emergency
of the fourteenth day of October, 1999, and the Provisional Constitution
Order No. 1 of 1999, and in exercise of all other powers enabling
him in that behalf, the Chief Executive of the Islamic Republic
of Pakistan is pleased to make and promulgate the following Order
Short title, extent and commencement.-(1) This Order
may be called the Political Parties Order, 2002.
(2) It extends to the whole of Pakistan.
It shall come into force at once.
Definitions.-In this Order, unless there is anything
repugnant in the subject or context,-
(a) "Chief Election Commissioner" means the Chief Election
Commissioner of Pakistan;
"Election Commission" means the Election
Commission of Pakistan ;
"foreign-aided political party" means a political party
has been formed or organized 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
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 ;
"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
"prescribed" means prescribed by rules
made under this Order.
OF POLITICAL PARTIES
Formation of political parties, etc.-(1) Subject to the
provisions of this Order, it shall be lawful for any body of individuals
or association of citizens to form, organize, continue or set-up
a political party.
A political party shall have a distinct identity of its structures
at the national, 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
party shall not-
propagate any opinion, or act in a manner prejudicial to the fundamental
principles enshrined in the Constitution of the Islamic Republic
of Pakistan ; or
undermine the sovereignty or integrity of Pakistan, public order
or public morality or indulge in terrorism ; or
promote sectarian, regional or provincial hatred or, animosity
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
Constitution of political parties.--(1) Every political
party, including a political party already in existence, shall
formulate its constitution, with whatever name it may be referred,
including, inter alia,-
(a) the aims and objectives of the party ;
organisational structure of the party at the Federal, Provincial
and local levels, whichever applicable ;
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
(g) procedure for-
election of party leader and other office-bearers at the Federal,
Provincial and local levels, wherever applicable ;
selection or nomination of party candidates for election to public
offices and legislative bodies ;
resolution of disputes between members and party, including issues
relating to suspension and expulsion of members ; and
method and manner of amendments in the constitution of the party.
Every political party shall provide a copy of its constitution
to the Election Commission.
(3) Any change in the constitution of a political party shall
forthwith be communicated to the Election Commission which shall
maintain updated record of the constitutions of all the political
Membership of political parties.--(1) Every citizen,
not being in the service of Pakistan, shall have the right to
form or be a member of a political party or be otherwise associated
with a political party or take part in political activities or
be elected as an office-bearer of a political party :
Provided that a person shall not be appointed or serve as an office-bearer
of a political party if he is not qualified to be, or is disqualified
from being, elected or chosen as a member of the Majlis-e-Shoora
(Parliament) under Article 63 of the Constitution of the Islamic
Republic of Pakistan or under any other law for the time being
in force 2[:]
further that the condition of educational qualification being
a graduate possessing a bachelor degree or equivalent laid down
for a member of Majlis-e-Shoora (Parliament) or a Provincial Assembly
shall not be applicable to an office-bearer of a political party.]
Where a person joins a political party, his name shall be duly
entered in the 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.
A person shall not be a member of more than one political party
at a time.
A member of a political party shall have the right of access to
the records of the political party.
Membership fee and contributions.-(1) A member of a political
party shall be required to pay a membership fee as provided in
the party's constitution and may, in addition, make voluntary
contributions towards the party's funds.
(2) The contribution made by members or supporters of any party
shall be duly 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 or professional association shall
be prohibited and the parties may accept contributions and donations
only from individuals.
(4) Any contribution or donation which is prohibited under this
Order shall be confiscated in favour of the State in the manner
as may be prescribed.
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
Suspension or expulsion of a member.-A member of a political
party may be suspended or expelled from the party's membership
in accordance with the procedure provided in the party's constitution
Provided that before making an order for suspension or expulsion
of a member from the party, such member shall be provided with
a reasonable opportunity to show cause against the action proposed
and of hearing.
Selection for elective offices.-The political parties
shall make the selection of candidates for elective offices, including
the membership of the Majlis-e-Shoora (Parliament) and Provincial
Assemblies, through a transparent democratic procedure.
Holders of elected public offices prohibited to hold party offices.-
The holders of elected public offices shall not hold any political
party office, or where a holder of an elected public office was
already holding a party office at the time of his appointment
to a public office, he shall relinquish the party office before
joining such public office.
the purpose of this section, the expression "holder of elected
public office" shall mean the office of the President of
Pakistan, Prime Minister, Governor, Chief Minister of a Province,
Chairman Senate, 3[Deputy Chairman, Senate,]
Speaker, Deputy Speaker, Federal Minister, Minister of State,
Provincial Minister, Advisor, Special Assistant to Prime Minister
or Chief Minister and holders of other elective executive offices
as may be modified by the Federal Government for the purpose.
Functioning of political parties.-(1) Every political
party shall have an elected general council at the Federal, Provincial
and local levels, wherever applicable, and by whatever names these
may be referred.
(2) Every political party shall, at least once in a year, convene
a general meeting 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.
(3) A member or group of members of the political party may nominate
in writing any other member of the party as a delegate to represent
him or them and cast his or their votes in a party meeting.
Elections within a political party.--(1) The party leader
and other office-bearers of every political party at the Federal,
Provincial and local levels, wherever applicable, shall be elected
periodically in accordance with party's constitution through secret
ballot based on a democratic and transparent system:
Provided that a period, not exceeding four years, shall intervene
between any two elections.
(2) Every member of the political party shall, subject to the
provisions of the party's constitution, be provided with an equal
opportunity of contesting election for any party office, including
that of the party leader.
(3) Ali members of the political party at the Federal, Provincial
and local levels shall constitute the electoral college for election
of the party general council at the respective levels.
Certification by the political party.--(1) The party
leader of each political party shall, within seven days from completion
of the intra-party elections submit a certificate under his signatures
to the Election Commission to the effect that the elections were
held in accordance with the constitution of the party and this
Order to elect the party leader and other office-bearers at the
Federal, Provincial and local levels, wherever applicable.
(2) The certificate referred to in clause (1) shall contain information
in respect 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 Commission shall publish for public information the
certificate including details of elections referred to in clause
Information about the sources of party's fund.-(1) Every
political party shall, in such manner and in such form as may
be prescribed or specified by the Chief Election Commissioner,
submit to the Election Commission, within sixty days from the
close of each financial year, a consolidated statement of accounts
of the party audited by a Chartered Accountant containing-
annual income and expenses ;
sources of its funds ; and
assets and liabilities.
The statement referred to in clause (1), shall be accompanied
certificate signed by the party leader stating that-
no funds from any source prohibited under this Order were received
by the party ; and
the statement contains an accurate financial position of the party.
Eligibility of party to obtain election symbol.-(1) Notwithstanding
anything contained any other law for the time being in force,
a political party shall be eligible to obtain an election symbol
for contesting elections for Majlis-e-Shoora (Parliament) and
Provincial Assemblies on submission of certificates and statement
referred to in Article 12 and 13 :
that a combination of political parties shall be entitled to obtain
a common election symbol for such election only if, each party
constituting such combination, submits the certificates and statement
referred to in Articles 12 and 13.
Where any political party or a combination of political parties,
severally or collectively, contravenes the provisions of Article
12 and 13, it shall not be entitled to obtain an election symbol
for election to the Majlis-e-Shoora (Parliament) or the Provincial
Assemblies, and the Election Commission shall not allocate an
election symbol to such party or, as the case may be, the combination
of political parties for such election.
OF POLITICAL PARTIES
Dissolution of a political party.-(1) Where the Federal
Government is satisfied that a political party is a foreign-aided
party or has been formed or is operating in a manner prejudicial
to the sovereignty or integrity of Pakistan or is indulging in
terrorism, it shall make such declaration by a notification in
the official Gazette.
(2) Within fifteen days of making a declaration under clause (1),
the Federal Government shall refer the matter to the Supreme Court
whose decision on such reference shall be final.
Where the Supreme Court upholds the declaration made against a
political party under clause (1), such party shall stand dissolved
Effects of Dissolution of political party.---(1) Where
a political party is dissolved under Article 15, any member of
such political party, if he is a member of the Majlis-e-Shoora
(Parliament) or a Provincial Assembly, shall be disqualified 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 of the Supreme Court, he resigns from the membership
of the party and publicly announces his disassociation with such
A person becoming disqualified from being a member of the Majlis-e-Shoora
(Parliament) of Provincial Assembly under clause (1) shall not
participate in election for any elective office or any legislative
body till the expiry of four years from the date of his disqualification
from being a member of the Majlis-e-Shoora (Parliament) or, as
the case may be, the Provincial Assembly.
(3) The order of members of a political party becoming disqualified
from being members of Majlis-e-Shoora (Parliament) of the Provincial
Assembly on its dissolution shall be notified in the official
Intra-party elections for general elections, 2002.-(1)
Every political party desiring to take part in general elections,
2002, shall be required to complete its intra-party elections
referred to in Article 11 in accordance with the party constitution
and this Order by the fifth day of August, 2002, and submit the
certificate 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 the commencement of this Order shall submit
a certificate to the Election Commission in accordance with Article
(3) A party not complying with the provisions of clause (1) and
(2) shall not be allotted election symbol for the general elections
Code of conduct of political parties.-The Election Commission
shall in consultation with the political parties, prepare and
publish a code of conduct for the political parties.
Rules.-The Election Commission may, with approval of
the 4[President], make rules for carrying out
the purposes of this Order.
Repeal.-The Political Parties Act, 1962 (III of 1962),
is hereby repealed.
1. Art. 2 of the Political Parties (amendment) Order, 2002 (C.E.O.
No. 20 of 2002) omitted the conjunction "and" occurring
after the word "federal" in the first paragraph and
substituted the said word, in place of the commas and word ",federal,"
in the second paragraph, (w.e.f. July 22, 2002).
2. Art. 3 of the Political Parties (amendment) Order, 2002 (C.E.O.
No. 20 of 2002), substituted the "colon", in place of
the "full stop" at the end of the proviso to Art. 5
of the Order and added a further proviso thereto, (w.e.f. July
3. Art. 4 of the Political Parties (amendment) Order, 2002 (C.E.O.
No. 20 of 2002) inserted the said words and commas, in the Explanation
to Art. 9 of the Order, (w.e.f. July 22, 2002).
4. Art. 5 of the Political Parties (Amendment) Order, 2002 substituted
the said word, in place of the words "Federal Government",
in Art. 19 of the Order, (w.e.f July 22, 2002).