PRESIDENT’S ORDER NO. 5 OF 2002
AN ORDER to provide for
conduct of local government elections by the Chief Election
Commissioner in the Federal Administered Tribal Areas
WHEREAS it is expedient to provide for the conduct of local government election by the Chief Election Commissioner in the Federally Administered Tribal Areas.
Now, 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:-
1. Short title and commencement: –(1) This Order may be called the Federally Administered Tribal Areas Local Government Elections Order, 2002.
(2) It extends to the whole of Federally Administered Tribal Areas.
(3) It shall come into force at once.
2. Conduct of local government elections by the Chief Election Commissioner.—The Chief Election Commissioner is hereby empowered to conduct local government elections for the Federally Administered Tribal Areas and for that purpose the Chief Election Commissioner shall have the power and authority to take all such steps and measures including preparation of electoral rolls and delimitation of wards and to adopt such procedure, do such acts, pass such orders, issue such directions and take all such ancillary, incidental and consequential steps as he may deem necessary for effectively carrying out the said elections.
3. Delegation of powers and functions.—The Chief Election Commissioner may, subject to such conditions as he may deem fit, require any member of the Election Commission appointed under the Election Commission Order, 2002 (C.E’s Order No. 1 of 2002), to exercise and perform all or any of the powers and functions of the Chief Election Commissioner under this Order.
4. Directions of the Chief Election Commissioner in certain matters.—Anything required to be done for carrying out the purposes of this Order, for which no provisions, or no sufficient provision, exists shall be done by such authority and in such manner as the Chief Election Commissioner may direct.
5. Bar of jurisdiction.—No Court shall question the legality of any action taken in good faith by or under the authority of the Chief Election Commissioner, a Returning Officer, Presiding Officer or an Assistant Presiding Officer or any decision given by any of them or any other officer or authority appointed under this Order or the rules.
6. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the Chief Election Commissioner or any officer or other person in respect of anything which is in good faith done or intended to be done under, or in pursuance of, this Order or of any rule or order made or any direction given thereunder.
7. Power to make rules.—The Chief Election Commissioner, may with the approval of the President, make rules for carrying out the purposes of this Order.