In Pakistan,Second Schedule of the 1973 Constitution of Pakistan provides for election to president of Pakistan . According to which,before one month to expiration of president tenure, it is the responsibility of the Election Commission of Pakistan to hold and conduct election to the office of President, and Chief Election Commissioner shall be the Returning Officer for such election. Similarly, ECP appoints Presiding Officers to preside at the meeting of the members of Majlis-e-Shoora (Parliament) and at the meetings of the members of the Provincial Assemblies.
The Chief Election Commissioner (CEC) by public notification fixes the time and place for submission of nomination papers, holding a scrutiny, making withdrawals, if any, and holding the poll, if necessary. Any member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly may nominate a person qualified for election as President, by delivering to the Presiding Officer a nomination paper, signed by himself as proposer and by another member of the Majlis-e-Shoora (Parliament) or, as the case may be Assembly as seconder, together with a statement signed by the person nominated that he consents to the nomination.
After scrutiny, CEC announces, by public notification, the names of the persons validly nominated, to be hereinafter called the candidate(s). In Pakistan, according to Article 41 of the Constitution of Pakistan, President’s electoral college consists of members of both Houses (Senate and National Assembly), and members of Provincial Assemblies. The respective Presiding Officers conduct the poll at the meetings of Majlis-e-Shoora (Parliament) and of each Provincial Assembly. The poll is held by secret ballot containing the names of all the candidates in alphabetical order. Member person voting votes by placing a mark against the name of the person for whom he/she wishes to vote.
After the poll, CEC determine the result of the election in the following manner, namely: —
(a) the number of votes cast in the Majlis-e-Shoora (Parliament) in favour of each candidate shall be counted;
(b) the number of votes cast in a Provincial Assembly in favour of each candidate shall be multiplied by the total number of seats in the Provincial Assembly for the time being having the smallest number of seats and divided by the total number of seats in the Provincial Assembly in which the votes have been cast; and the vote is counted by following formula:
No of Votes obtained by candidate in PA × lowest No in PAs (65 being lowest)
Total members of relevant provincial Assembly
In this formula, each province has an equal proportion of vote in President’s Electoral College. It means that the each member of the Punjab Assembly has 65/371 = 0.175 votes, each member of the Sindh Assembly has 65/168 = 0.387 votes, each member of the NWFP Assembly has 65/124 = 0.524 votes and each member of the Balochistan Assembly has 65/65 = 1 vote.
(c) the number of votes calculated in the manner referred to in clause (b) shall be added to the number of votes counted under clause (a).The candidate who has obtained the largest number of votes compiled in the manner specified above is declared by the Chief Election Commissioner to be elected.