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Memorandum of Understanding and Accord
Pakistan Tehreek-e-Insaf, a political party established under the Political Parties Order, 2002 (hereinafter referred to as the “PTI”); and Pakistan Muslim League (Nawaz), a political party established under the Political Parties Order, 2002 (hereinafter referred to as the “PML(N)”).
(In this Accord the capitalized expression “Party” if employed is intended to refer to either the PTI or the PML-N, as the context requires and admits and the capitalized expression “Parties” where employed in intended to refer to both the PTI and PML-N collectively)Whereas the PTI has alleged that in the 2013 General Elections (hereinafter “2013 GE”)violations of the requirements of, inter alia,
Article 218(3) of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter the “Constitution”) were widespread and that the overall results of the 2013 General Elections were affected to such an extent that the same do not reflect the true will of the electorate;Whereas the PML(N) does not accept this allegation and is satisfied that the results of the 2013 GE reflect the mandate granted by the electorate; andWhereas both parties have agreed in the national interest to resolve this issue through formation of an impartial Judicial Commission;Now, therefore, in consideration of the mutual covenants hereinafter set forth, it is hereby agreed as follows:-
- The PML(N) agrees to and shall ensure that an Ordinance under Article 89 of the Constitution is promulgated which provides for the formation of a Judicial Commission (hereinafter “Commission”) to investigate the 2013 GE. The agreed text ofthe said Ordinance(hereinafter “the Ordinance”)is attached herewith as Annexure A, which is an integral part of this Accord.
- The Commission shall comprise of three Honourable Judges of the Supreme Court of Pakistan. The Parties shall request that the Commission includes the Chief Justice of Pakistan as its Chairman.
- the 2013 General Elections were and conducted impartially, honestly, fairly, justly and in accordance with law.
- the 2013 General Elections have been manipulated or influenced by anyone.
- the results of the 2013 General Elections, on an overall basis, are a true and fair reflection of the mandate given by the electorate.
5.
The Parties agree that in the event the Commission exercises the power under section 6(2) of the Ordinance the head(s) of the Special Investigation Team(s) (hereinafter “SIT”) contemplated in the Ordinance shall be appointed by the Federal Government after consultation with the PTI. The PML(N) further agreed that simultaneously with the establishment of the SIT, non-controversial, non-partisan professionals shall be appointed as heads of NADRA and FIA and that the Secretary Election Commission of Pakistan (ECP) shall also be replaced after consultation with PTI after fulfilling requirements of due process.
- Neither the PTI nor the PML(N) leadership will make any statement which calls into question or in any way challenges, whether directly or indirectly, the credibility or integrity of the Commission or any of its members and both parties shall be bound by the findings and orders of the Commission and agree not to challenge the same in any manner.
- Upon signing of this Accord, both Parties shall make an appropriate public statement stating that they have signed this Accord and agreed to act in accordance with its terms.
- In the event of any dispute or disagreement with regards to the implementation of this Accord, the matter shall be referred to a Dispute Resolution Committee comprising six persons, three members to be nominated by each Party.
- It is confirmedthat a Parliamentary Committee on Electoral Reforms has already been notifiedfor the purpose of considering reforms required in respect of the electoral process. This Committee will continue to operate and will give its recommendations to Parliament.
- 1.Short title, extent and commencement. – (1) This Ordinance may be called the General Elections 2013 Inquiry Commission Ordinance, 2014.
For and on behalf of PML (N) | For and on behalf of PTI |
Name_________________________________Signature_________________________________ | Name___________________________________Signature___________________________________ |
For and on behalf of PPPP | For and on behalf of BNP |
Name___________________________________Signature___________________________________ | Name___________________________________Signature___________________________________ |
ANNEXURE A
[AGREED TEXT OF THE ORDINANCE]
[See CLAUSE 1 of Accord]
General Elections 2013 Inquiry Commission Ordinance, 2014
An Ordinance to constitute a Commission to inquire into the conduct of the General Elections 2013 and for vesting such Commission with certain powers and for ancillary matters.
[AGREED TEXT OF THE ORDINANCE]
[See CLAUSE 1 of Accord]
General Elections 2013 Inquiry Commission Ordinance, 2014
An Ordinance to constitute a Commission to inquire into the conduct of the General Elections 2013 and for vesting such Commission with certain powers and for ancillary matters.
AND WHEREAS the Senate and the National Assembly are not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;NOW THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance,
namely:-
- 2.Constitution of Commission.- (1) There shall be constituted a Commission to be called the General Elections 2013 Inquiry Commission, hereinafter referred to as the Commission, for carrying out the purposes of this Ordinance.
3. Scope of Inquiry.(1) The Commission shall enquire into and determine whether or not:
- the 2013 General Elections were and conducted impartially, honestly, fairly, justly and in accordance with law.
- the 2013 General Elections have been manipulated or influenced by anyone.
- the results of the 2013 General Elections, on an overall basis, are a true and fair reflection of the mandate given by the electorate.
- 4.Powers of Commission. (1) The Commission shall have all of the powers of a criminal court under the Code of Criminal Procedure, 1898 and of a civil court under the Code of Civil Procedure, 1908.
- abuses, interferes with or obstructs the process of the Commission in any way or disobeys any order or direction of the Commission;
- scandalizes the Commission or any member thereof or otherwise does anything which tends to bring the Commission or a member of the Commission in relation to his office into hatred, ridicule or contempt;
- does anything which tends to prejudice the inquiry or determination of any matter pending before the Commission; or
- does any other act, deed or thing which, under any other law, constitutes contempt of court;
- In the performance of its functions nothing in this Ordinance or in any other law for the time being in force shall preclude the Commission from examining and considering any document, material or evidence submitted in any election petition relating to the 2013 General Elections or appeal therefrom.
5. Procedure to be followed by the Commission and rights of political parties to representation before the Commission. (1) The Commission shall have the power to regulate its own procedure, including the fixing of place and time of its sittings.
- any political party which participated in the 2013 General Elections shall, and such other persons as the Commission may permit in the interest of justice may, have the right and opportunity to submit evidence or material and make submissions thereon for consideration by the Commission.
6. Federation and Provinces to assist Commission and Special Investigation Team. (1) It shall be the duty of all executive authorities in the Federation and in the Provinces to assist the Commission in the discharge of its functions and to comply with any of its directions and the Federal Government shall provide all necessary funds and facilities to enable the Commission to perform and carry out its functions under this Ordinance.
- Without limiting the generality of the sub-section (1), the Commission shall have the power to form one or more special investigation teams consisting of officers from the relevant executive authorities, including but not limited to, the Federal Investigation Agency, the National Database and Registration Authority, the directorate for Inter Services Intelligence, the directorate for Military Intelligence, and the Intelligence Bureau for the purpose of assisting it with its inquiry.
Explanation:For the purpose of this Ordinance, any public servant who was appointed by or assisted the Election Commission of Pakistan in respect of the organization or conduct of the General Elections 2013 shall be deemed to be an executive authority.
7. Final Report of Commission. (1) The Commission shall submit its final report on the matters set out in section 3 to the Federal Government as expeditiously as possible and, preferably, within forty-five days of its first meeting.
- The final report shall be a public document.
8. Dissolution of Commission. On the submission of its final report the Commission shall stand dissolved.9. Ordinance to override other laws. (1) Subject to sub-section (2), the provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.(2) The conduct of the inquiry, submission of its report and the exercise of its functions under the Ordinance by Commission shall not prejudice in any manner whatsoever any pending election petition relating to the General Elections 2013 or appeal arising therefrom or any orders passed in such petition or appeal or any proceedings thereof before any election tribunal or court, which shall all continue and be decided in accordance with the applicable law.
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