Autonomy and Independence
The Commission has retains its independence, full financial autonomy and functions independently of all government control. Without the government interference, the commission performs its functions and conduct of nationwide general elections as well as for the by-elections which is decided by the chief commission or the Election Commission itself. The preparation of polling schemes, the appointment of polling personnel, assignments of voters and arrangements for the maintenance of law and order are under the control, supervision and directions of the Election Commission.
During its rulings and judgements in the case " Election Commission v. Javed Hashmi, the Supreme Court held that "in the election matters the Election Tribunals which are to be appointed by the Chief Election Commissioner" have exclusive jurisdiction and the jurisdiction of all courts in such matters was excluded. However, this is subject to an exception that where no legal remedy is available to an aggrieved party during the process of election or after its completion, against an order of an election functionary which is patently illegal jurisdiction. The effect of which is to defranchise a candidate, candidate can press into service Constitutional jurisdiction of the High Court. The Supreme Court of Pakistan has since then consistently followed this judgment.
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