Provision relating to Election
Commission Gilgit-Baltistan in
GILGIT-BALTISTAN (EMPOWERMENT AND SELF GOVERNANCE) ORDER
2018
PART-XIII
ELECTIONS
Section 97 Chief
Election Commissioner
(1) There shall be a
Chief Election Commissioner to be appointed by the Prime
Minister on the advice of Governor in consultation with
the Chief Minister on such terms and conditions as may
be prescribed.
(2) Before
entering upon office, the Chief Election Commissioner
shall make before the Chief Judge of Gilgit-Baltistan
oath in the form set out in the First Schedule.
The Gilgit-Baltistan
Chief Election Commissioner (Terms and Conditions) Order,
2014
APPOINTMENT OF
CHIEF ELECTION COMMISSIONER GILGIT-BALTISTAN
Section 3.
Chief Election Commissioner
(1) there
shall be a Chief Election Commissioner who shall be appointed
by Chairman on advice of Governor.
(2) No person shall be appointed as Chief
Election Commissioner Gilgit-Baltistan unless he is, or
has been: -
(a) a
Judge of Supreme Appellate Court of a Judge of the Chief
Court or a Judge of High Court; or
(b) a member of the services of the
Federation or Gilgit-Baltistan in Basic Pay scale 20
or above.
(3) the Chief Election Commissioner Shall
exercise such powers and perform such functions as may
be prescribe by rules.
OATH OF OFFICE
4. Chief
Election Commissioner Oath of Office: -Before entering
upon office, the Chief Election Commissioner shall make,
before the Chief Judge of Supreme Appellate Court, oath
in the form set out in the first schedule to the Order.
TERM OF CHIEF
ELECTION COMMISSIONER GILGIT-BALTISTAN
5.Terms
of office of Chief Election Commissioner---(1) the Chief
Election Commissioner shall hold office for a term of
three years form the day he enters upon his office and
the term of Chief Election Commissioner may be extendable
for a further period of one year by the Chairman.
Provided that when a Judge
of the Supreme Appellate Court or a Judge of the Chief
Court or a Judge of High Court or a member of services
of the federation or Gilgit-Baltistan is appointed as
the Chief Election Commissioner, in addition to his functions
as a Judge, he shall on his retirement as a Judge of Supreme
Appellate Court or the Chief Court or High Court, or from
Services, as the case may be, shall also cease to function
as Chief Election Commissioner;
(2) the Chief Election Commissioner Gilgit-Baltistan
shall not be removed from Office except in the manner
prescribed in Article 66 of the Order on in case of Judge
of High Court in Article 2019 of the Constitution of Islamic
Republic of Pakistan, 1973, as the case may be, for the
removal from office of the Judge of Supreme Appellate
Court or the Chief Court or High Court, as the case may
be, and in the application of the said Article for the
purposes of this clause, any reference in that Article
to a Judge shall be construed as a reference to Chief
Election Commissioner:
Provided that this clause
shall Mutatis Mutandis, and so far as applicable, apply
to a member of the services of the Federation or Gilgit-Baltistan,
as the case may be.
(3) the
terms and conditions of the service of Chief Election
Commissioner shall not be varied to his disadvantage during
his appointment.
(4) the
Chief Election Commissioner may by writing under his hand
addressed to the Chairman resign his office.
CHIEF ELECTION
COMMISSIONER NOT TO HOLD OFFICE OF PROFIT
7. Chief
Election Commissioner not to hold office of profit---
(1) the Chief Election Commissioner shall not-
(a) hold any office of
the profit in the services of Federation or Gilgit-Baltistan.
(b) occupy any other position
carrying the right of remuneration for the rendering
of services.
(2) A person
who has held office as Chief Election Commissioner shall
not hold any office of profit in the service of federation
or Gilgit-Baltistan before the expiry of two years after
he has ceased to hold that office.
Provided that this clause
shall not be construed as preventing a person who was
in the service of federation or Gilgit-Baltistan immediately
before his appointment as Chief Election Commissioner
from resuming his duties in such service on the expiry
of his term as Chief Election Commissioner.
ACTING CHIEF ELECTION
COMMISSIONER
8. Acting
Chief Election Commissioner--
(1) at any
time when
(a) the
office of the Chief Election Commissioner is vacant,
or
(b) the
Chief Election Commissioner is absent or unable to perform
the function of his office due to any other cause,
The Chairman may appoint a person, being a person qualified
to be appointed as the Chief Election Commissioner,
to be acting Chief Election Commissioner.
(2) the
Acting Chief Election Commissioner shall ordinarily hold
office for a term of three months from the day he enters
upon his office and the term of Acting Chief Election
Commissioner may be extendable for a further period of
three months.
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