National Assembly Elections Regulations 2014 As Ammended by Regulations 2019

National Assembly Elections Regulations 2014
GN No. 201 of 2014

Government Gazette No. 100 of 6 November 2014
THE REPRESENTATION OF THE PEOPLE ACT
Regulations made by the President under section 85 of
the Representation of the People Act
1. Short title
These regulations may be cited as the National Assembly Elections Regulations
2014.
2. Interpretation
(1) In these regulations –
“acceptable proof of identity” means such document establishing the identity of a
person as the Electoral Commissioner may, after consultation with the
Commission, determine;
“Act” means the Representation of the People Act;
“counting centre” means a place where the votes polled at an election are
counted;
“election agent” means a person appointed as such under section 49 of the Act;
“Form 1” means the form set out in the First Schedule;
“Form 2” means the form set out in the Second Schedule;
“Form 3” means the form set out in the Third Schedule;
“Form 4” means the form set out in the Fourth Schedule;
“Form 5” means the form set out in the Fifth Schedule;
“Form 6” means the form set out in the Sixth Schedule;
“Form 7” means the form set out in the Seventh Schedule;
“Form 8” means the form set out in the Eighth Schedule;
“Form 9” means the form set out in the Ninth Schedule;
“Form 10” means the form set out in the Tenth Schedule;
“Form 11” means the form set out in the Eleventh Schedule;
“Form 12” means the form set out in the Twelfth Schedule;
“marked register” means a register which is marked by an election officer or a
polling agent to indicate that an elector has or has not voted;
“nomination centre” –
(a) means a place where a returning officer receives the nomination of
candidates for the election of Members to the National Assembly; and
(b) includes a sub-nomination centre;
“nomination day” means the day appointed for the nomination of candidates for
the election of Members representing constituencies at the National Assembly;
“number on register”, in Form 3, means an elector’s number on the register to be
used for the election or, pending the publication of the register, his number on the
electors’ list;
“party alliance” means an association of 2 or more parties;
“Party Leader” means the person designated by a party or party alliance to
discharge the functions of Party Leader specified in the Constitution;
“polling day” means the day appointed for the taking of a poll;
“registered elector”, in regulation 12(5) and Forms 1, 3 and 5, means a person
whose name appears on the register to be used for the election or, pending the
publication of the register, on the electors’ list;
“return” means a certificate of election or a certificate of result of poll;
“writ of election” means the writ of election set out in form J of the Schedule to
the Act.
(2) Where a person is appointed as proxy pursuant to regulation 35, these
regulations shall apply to him as if he was an elector, and a reference in these regulations to
an
elector shall be construed as a reference to him.
3. Appointment of returning officers and deputy returning officers
(1) The Public Service Commission shall, on the recommendation of the
Commission –
(a) appoint a fit and proper person to be returning officer; and
(b) appoint another fit and proper person to be deputy returning officer,
for each constituency.
(2) Subject to the authority, direction and control of a returning officer, a person
appointed as deputy returning officer shall exercise all the powers, and may perform any of
the
duties, of a returning officer.
(3) Where a returning officer or a deputy returning officer is prevented by sickness or
any other cause from acting, or refuses or neglects to act, at an election, the Public Service
Commission shall, on the recommendation of the Commission, appoint another fit and
proper
person to act in his place.
(4) Every appointment made under this regulation shall be published in the Gazette.
4. Transmission of writ of election
(1) On receipt of a writ of election, the Electoral Commissioner shall as soon as
possible transmit the writ to the appropriate returning officer.
(2) The returning officer shall, on receipt of the writ, enter the date of receipt on the
verso of the writ, sign the entry and proceed to hold the election in the prescribed manner.
5. Notice of election
(1) Where the President issues a writ of election, the Electoral Commissioner shall,
at least 14 days before the nomination day, cause to be published in the Gazette and in at
least
one daily newspaper a notice in Form 1 to indicate –
(a) the nomination day;
(b) the nomination centre; and
(c) the time at which the returning officer shall receive the nomination of
candidates.
(2) The returning officer shall give further notice of the matters specified in
paragraph (1) –
(a) by posting up a copy of the notice referred to in paragraph (1) in a
conspicuous position at the nomination centre; and
(b) in such other manner as the Electoral Commissioner may determine.
6. Polling stations
(1) The Commission may, by Order published in the Gazette, designate such
number of polling stations as it may determine for each constituency.
(2) The Electoral Commissioner shall thereafter, by publication in at least one daily
newspaper, give notice of every designation made under paragraph (1).
(3) A polling station for a constituency shall, as far as practicable, be situated in that
constituency.
7. Application for registration of party and party alliance
(1) An application to be registered as a party or party alliance under paragraph 2(1)
of the First Schedule to the Constitution shall be made at least 10 days before nomination
day.
(2) The application shall –
(a) be made to the Commission in Form 2; and
(b) in the case of a party –
(i) be signed, in the presence of the Electoral Commissioner or any
person authorised by him, by the president and secretary of the
party; and
(ii) be supported by a certified extract of the minutes of proceedings
of the meeting at which the decision was taken for the president
and secretary to make the application to be registered as a party;
or
(c) in the case of a party alliance –
(i) be signed, in the presence of the Electoral Commissioner or any
person authorised by him, by the respective president and
secretary of each party constituting the party alliance; and
(ii) be supported by certified extracts of the minutes of proceedings of
the meetings at which decisions were taken for the respective
president and secretary of each party to make the application to
be registered as a party alliance.
8. Registration of party and party alliance
(1) Subject to paragraph (2) and regulation 9, the Commission shall, on an
application made in accordance with regulation 7, register the name of the party or party
alliance.
(2) The Commission shall not register any party or party alliance before the day
following the last day for making an application under regulation 7.
(3) The Commission shall, as soon as possible after registering a party or a party
alliance, give notice of such registration by publication in the Gazette and in at least one
daily
newspaper.
9. Determination of questions relating to registration of party or party alliance
(1) Where the name of a party or a party alliance is similar to that of any other party
or party alliance and such similarity in the names may cause confusion in the electorate, the
Commission shall –
(a) (i) register one of the parties or party alliances under the name for
which it has applied where, in the opinion of the Commission, that
party or party alliance has generally been well known to the
electorate under that name; and
(ii) register the other party or party alliance under a different name
that is not open to objection under this paragraph; or
(b) register the parties or party alliances under different names that are not
open to objection under this paragraph.
(2) Paragraph (1) shall also apply in respect of similar symbols of identification
submitted by 2 or more parties or party alliances which may cause confusion in the
electorate.
(3) The Commission shall, before registering any party or party alliance under
paragraph (1) or (2), give written notice thereof, served by an Usher of the Supreme Court,
to all
parties or party alliances concerned.
(4) (a) Any party or party alliance aggrieved by a decision of the Commission
may, within 24 hours of the service of a notice under paragraph (3), appeal to the Supreme
Court against the decision.
(b) On appeal made to the Supreme Court, the appellant shall give notice of
the appeal to any party or party alliance concerned and to the Commission, and the
Supreme
Court shall, after hearing any party or party alliance concerned and the Commission, make
such
order as it may determine.
(c) Any appeal to the Supreme Court under this regulation shall be heard and
determined by a Judge not later than 2 days before nomination day, and the determination of
the Judge shall not be subject to appeal.
(d) Section 37(6) of the Constitution shall apply to a determination of the
Judge under this regulation.
10. Notification of name of Party Leader

(1) Where a party or party alliance is registered with the Commission, it shall give
written notice to the Commission of the names of at least 2 persons any one of whom is
authorised by the party or party alliance to discharge the functions of Party Leader, and shall
give written notice to the Commission of any subsequent change.
(2) The notice shall –
(a) in the case of a party, be signed by the president and secretary of the
party authorised to do so by a resolution passed by its executive
committee and supported by a certified extract of the relevant minutes of
proceedings of the committee;
(b) in the case of a party alliance, be signed by the respective president and
secretary of each party constituting the party alliance authorised to do so
by resolutions passed by their executive committees and supported by
certified extracts of the relevant minutes of proceedings of the
committees.
11. Copies of register of electors
The Electoral Commissioner shall, not later than 7 days before nomination day, provide
to every returning officer a sufficient number of copies of the register for the relevant
constituency.
12. Nomination of candidates
(1) (a) Subject to subparagraph (b), every returning officer or deputy returning
officer shall, on nomination day and at a nomination centre, receive the nomination of
candidates between the hours of 9 a.m. and 3 p.m. by means of a nomination paper which
shall
be in Form 3, and any nomination paper submitted after 3 p.m. shall be rejected.
(b) A deputy returning officer or any person designated by the Electoral
Commissioner shall receive the nomination of candidates at a sub-nomination centre
between
such hours as the Electoral Commissioner may, after consultation with the Commission,
determine, and any nomination paper submitted beyond those hours shall be rejected.
(2) (a) A nomination paper shall be submitted by a candidate or a person acting
on his behalf and shall be accompanied –
(i) where it is submitted by –
(A) a candidate, by the National Identity Card of the candidate
or any other acceptable proof of his identity; or
(B) a person acting on behalf of a candidate, by the National
Identity Card of that person and that of the candidate, or
any other acceptable proof of their identity; and
(ii) by a deposit of 1,500 rupees in cash or by means of a bank draft
to the order of the Government of Mauritius.
(b) Every candidate shall make and subscribe on his nomination paper a
declaration that –
(i) he is qualified to be elected as a Member of the National
Assembly in accordance with section 33 of the Constitution;
(ii) he is not disqualified from being elected as a Member of the
National Assembly under section 34 of the Constitution;
(iii) he has not been, nor will he consent to be, nominated as a
candidate for election as a Member of the National Assembly in
any other constituency.
(c) Where a candidate knowingly makes a statement in a declaration under
this paragraph which is false in any material particular and which he knows or believes to be
false or does not believe to be true, he shall commit an offence and shall, on conviction –
(i) be liable to a fine not exceeding 1,000 rupees and to
imprisonment for a term not exceeding 2 years; and
(ii) subject to subparagraph (d), be incapable during a period of 6
months from the date of his conviction, of being elected as a
Member of the National Assembly, or, if elected before his
conviction, of retaining his seat as a Member of the National
Assembly.
(d) A disqualification referred to in subparagraph (c) shall not take effect –
(i) until the time prescribed for the convicted person to appeal
against the conviction has expired; and
(ii) unless, following an appeal against the conviction, the conviction
is upheld.
(3) (a) A candidate at a general election belonging to a party or party alliance
shall make and subscribe on his nomination paper a declaration of the party or party alliance
to which he belongs.
(b) Where the declaration under subparagraph (a) is made and subscribed,
the candidate or the person acting on his behalf shall, at the time of submitting the
nomination paper under paragraph (2), submit a certificate signed by the president and
secretary of the party or party alliance, certifying that the candidate –
(i) belongs to the party or party alliance;
(ii) is authorised to stand as candidate of the party or party alliance in
the constituency; and
(iii) is authorised to use the symbol of identification of the party or
party alliance.
(c) A certificate referred to in subparagraph (b) shall be in Form 4 and be
submitted to the returning officer except that, in the case of a candidate nominated for the
constituency of Rodrigues and who belongs to a party or party alliance formed in Mauritius,
the
certificate may be submitted to the Electoral Commissioner.
(d) Where a candidate or the person acting on his behalf fails to submit such
a certificate, the candidate shall be considered not to belong to any party or party alliance
and
his nomination paper shall have effect accordingly.
(4) In the case of a general election, each candidate shall make and subscribe on his
nomination paper a declaration as to which of the Hindu, Muslim, Sino- Mauritian or General
Population community he belongs
(5) A candidate shall be nominated in writing by at least 4 persons who are

registered electors in the constituency for which he seeks to be elected.
(6) (a) Where a nomination paper is submitted at any sub-nomination centre, the
deputy returning officer or the person designated by the Electoral Commissioner shall
forthwith
–
(i) certify its authenticity; and
(ii) transmit it, by such means as the Electoral Commissioner may
determine, to the returning officer of the appropriate constituency.
(b) Every returning officer shall, as soon as he accepts the nomination paper
of a candidate, affix or cause to be affixed, in a conspicuous position outside his office, a
notice
to indicate –
(i) the name of the candidate;
(ii) the names of the electors nominating the candidate; and
(iii) in the case of a general election –
(A) the party or party alliance, if any, to which the candidate
belongs; and
(B) the community to which he belongs.
(c) In the case of a general election, the Electoral Commissioner shall, by

publication in the Gazette and in at least one daily newspaper, give notice –
(i) of the name of every candidate nominated;
(ii) of the party or party alliance, if any, to which the candidate
belongs; and
(iii) the community to which he belongs.
(7) Before the hour of 3 p.m. on nomination day and within one hour afterwards,
objection may be made to a nomination paper by the returning officer or some other person,
and
the returning officer shall decide on the validity of the objection made by that person.
(8) A returning officer shall hold the nomination paper of a candidate to be invalid
where –
(a) the candidate fails to make the deposit required under paragraph
(2)(a)(ii);
(b) the candidate fails to make the declaration required under paragraph (2)(b) and (4)
(c) the particulars of the candidate or the persons subscribing the nomination
paper are not as required; or
(d) the nomination paper is not subscribed as required.
(9) Where a returning officer decides that a nomination paper is invalid under
paragraph (8), he shall endorse this fact and sign on the nomination paper, giving the
reasons for his decision.
(10) (a) The decision of a returning officer that a nomination paper is valid shall be
final and shall, subject to subparagraph (e), not be questioned in any proceeding
whatsoever.
(b) Any person whose nomination paper is held to be invalid may, within 3
days from the decision of the returning officer, appeal to the Supreme Court by way of
motion for an order directing the returning officer to insert his name on the list of candidates
for that election.
(c) A motion under this paragraph shall be heard and determined by a single
Judge of the Supreme Court, and within 7 days of the nomination, the Judge shall, after
hearing the parties, make such order as he may determine.
(d) Section 37(6) of the Constitution shall apply to a determination of the
Judge under this regulation.
(e) Nothing in this regulation shall prevent the validity of a nomination paper
being questioned by way of an election petition.
(11) (a) Where a person is nominated for election in more than one constituency
contrary to section 43 of the Act, the Electoral Commissioner shall, within 7 days of the
nomination day, question, by way of motion to the Supreme Court, the validity of the
nominations of that person.
(b) Paragraph (10)(c) and (d) shall apply to a motion made pursuant to this
paragraph.
(12) A returning officer –
(a) shall keep order at a nomination centre and within a radius of 200 metres
from the nomination centre; and
(b) may, for that purpose, take such measures as he may determine.
13. Questioning declaration as to community
(1) (a) An application under paragraph 3(2) of the First Schedule to the
Constitution shall be made by way of motion to the Supreme Court and shall contain a
prayer for an order directing the returning officer to insert the proper community of the
candidate, as
determined by the Supreme Court, on his nomination paper for that election.
(b) The person making a motion pursuant to subparagraph (a) shall give
notice of his application to the Commission and Electoral Commissioner.
(2) A motion to the Supreme Court under this regulation shall be heard and
determined by a single Judge of the Supreme Court within 14 days of the nomination and
the Judge shall, after hearing the parties, make such order as he may determine.
(3) The determination of the Judge shall not be subject to appeal.
14. Withdrawal of candidature or death of candidate
(1) A candidate may, not more than 3 days after nomination day, withdraw his
candidature by written notice between the hours of 9 a.m. and 3 p.m. unless he has, before
the expiry of the period of 3 days, been declared elected pursuant to regulation 15.
(2) (a) The notice referred to in paragraph (1) shall be signed by the candidate
and delivered by him in person to the returning officer.
(b) Every candidate who withdraws his candidature shall produce to the
returning officer his National Identity Card or any other acceptable proof of his identity.
(3) Where, after nomination and before the time fixed for the taking of the poll, a
candidate dies, the returning officer shall, on being satisfied that the candidate has died, give
public notice of the fact in such manner as he may determine.
(4) (a) Where the withdrawal of candidature is allowed, the deposit of 1,500
rupees shall be returned to the candidate.
(b) Where the death of a candidate is notified before the poll has
commenced, the deposit of 1,500 rupees shall be returned to his estate.
15. Contested elections and unopposed candidates
(1) Where, at 4 p.m. on nomination day or, as the case may be, at the end of the
period of 3 days referred to in regulation 14(1) or following the determination of the Judge
under regulation 12(11) –
(a) the number of persons nominated exceeds the number of seats to be
filled, a poll shall be taken in accordance with these regulations;
(b) the number of persons nominated is, or is reduced to, a number equal to
the number of seats to be filled, the returning officer shall declare those
persons elected;
(c) the number of persons nominated is less, or is reduced to less, than the
number of seats to be filled, the returning officer shall declare those
persons elected and appoint another nomination day for the holding of a
fresh election for the purpose of filling any seat that is unfilled; or
(d) no person is nominated, the returning officer shall appoint another
nomination day for the holding of a fresh election.
(2) (a) Where any person is declared elected under paragraph (1)(b) or (c), the
returning officer shall, after declaring that person elected, certify the return of such person by
endorsement on the writ of election.
(b) Subject to subparagraph (c), the returning officer shall, as soon as
practicable, submit the writ of election, endorsed in accordance with subparagraph (a), to the
President.
(c) Where a person is declared elected under paragraph (1)(b) or (c) in
Rodrigues, the returning officer shall, by such means as he may determine, forthwith inform
the
Commission of the terms of the endorsement of the writ and thereafter transmit the writ to
the President as soon as possible.
16. Taking of poll and polling day
(1) Where, pursuant to regulation 15(1)(a), a poll is to be taken, the returning officer
shall –
(a) adjourn the election to the day appointed under section 41 of the Act by
the President for the taking of a poll; and
(b) report to the Electoral Commissioner the names and particulars, as
specified in their respective nomination papers, of the candidates
nominated and, in the case of a general election, of the party or party
alliance, if any, to which they belong.
(2) (a) The Electoral Commissioner shall, on receipt of the report referred to in
paragraph (1), by publication in the Gazette and in at least one daily newspaper, give notice
of the report, the polling day, the address of every polling station and the description of
electors
entitled to vote at every polling station.
(b) The returning officer shall, as soon as possible, cause a similar notice to
be posted up at the nomination centre and at such other place as he thinks necessary.
(c) The notice referred to in this paragraph shall be in Form 5.
17. Allocation of symbols
(1) The Electoral Commissioner shall allocate a symbol of identification, approved by
the Commission, to each candidate, and the same symbol shall be allocated to every
candidate belonging to the same party or party alliance.
(2) The returning officer shall cause to be posted up in a conspicuous position at the
nomination centre a facsimile of the symbol allocated to each candidate.
18. Polling agents
(1) (a) Subject to subparagraph (b) –
(i) every candidate, who does not belong to a party or party alliance,
may appoint one polling agent;
(ii) every party or party alliance may appoint not more than 2 polling
agents,
to attend each voting room in the polling station of the constituency for which the candidate
seeks, or the candidates belonging to the party or party alliance seek, to be elected.
(b) No person shall be appointed as a polling agent where –
(i) he has, at any time, been convicted of, and sentenced to a term of
imprisonment in respect of, an election offence or any offence
involving fraud, dishonesty or the use of violence against any
person; or
(ii) he is under the age of 18.
(c) The returning officer may limit the number of polling agents who may be
admitted at any time into a voting room.
(2) Each party or party alliance, or each candidate not belonging to a party or party
alliance, shall, not later than 5 days before polling day, give written notice to the returning
officer
stating the names, National Identity Card numbers and addresses of the polling agents,
together
with the polling stations to which they are assigned.
(3) (a) Where a polling agent dies or becomes incapable of acting as a polling
agent, the candidate, party or party alliance may, before the opening of the poll or within 2
hours
of the opening, appoint another polling agent and give written notice to the returning officer
of his name, National Identity Card number and address.
(b) Each party or party alliance, or each candidate not belonging to a party or
party alliance may, in addition to the polling agents appointed under paragraph (2), appoint,
whenever a substantive polling agent is incapable of acting as such in a polling station, one
alternate polling agent to replace the substantive polling agent, by giving written notice to the
returning officer or the senior presiding officer of the name, National Identity Card number
and
address of the alternate polling agent.
(4) Where, in these regulations, any expression is used requiring, authorising or
inferring that any act or thing should be done in the presence of a polling agent, the
expression
shall be construed to refer to the presence of the agent who has been authorised to attend
and
has in fact attended at the time and place where the act or thing is being done, and the
nonattendance
of any agent at such time and place shall not, where the act or thing is otherwise
duly done, in any way invalidate the act or thing done.
(5) (a) No polling agent or other person shall, before the close of the poll –
(i) remove a marked register from a voting room;
(ii) make any extract from a marked register;
(iii) remove any extract from a marked register from the polling station; or
(iv) communicate to any person any information pertaining to a
marked register by any means or in any manner whatsoever.
(b) Any person who contravenes subparagraph (a) shall commit an offence
and shall, on conviction, be liable to a fine not exceeding 1,000 rupees and to imprisonment
for a term not exceeding 2 years.
19. Preparations for taking of poll
(1) Where a poll is to take place, the Public Service Commission shall, on the
recommendation of the Commission, appoint senior presiding officers, presiding officers and
such other election officers as may be necessary to assist every returning officer in the
performance of his duties.
(2) Every returning officer shall provide each polling station in his constituency with a
sufficient number of certified copies of the register, ballot papers and other election material
for
the taking of the poll.
(3) Every returning officer shall ensure that the booths in each voting room are so
arranged as to allow the electors to mark their ballot papers in such a manner as to ensure
the
secrecy of their votes.
(4) Every returning officer shall, before polling day, visit each polling station in his
constituency to ensure that each polling station is provided with all the necessary facilities for
taking the poll.
20. Hours for taking poll
The poll at each polling station shall take place –
(a) in the Island of Mauritius, between the hours of 7.00 a.m. and 6.00 p.m. on the
same day;
(b) in the Island of Rodrigues, between the hours of 6.00 a.m. and 5.00 p.m. on the
same day;
(c) in the Island of Agalega, between the hours of 6.00 a.m. and 10.00 a.m. on the
same day.
21. Vote by ballot
(1) In the case of a poll at an election, the votes shall be given by ballot.
(2) (a) The ballot of each elector shall consist of a ballot paper showing the full
name and description of each candidate, the symbol of identification allotted to each
candidate and, in the case of a general election, the party or party alliance, if any, to which
he belongs.
(b) Each ballot paper shall –
(i) be in Form 6;
(ii) have a number printed on its verso; and
(iii) have attached to it a counterfoil with the same number printed on
its recto.
22. Ballot boxes
(1) A ballot box shall be translucent, of convenient size and be constructed in such a
way that a ballot paper can be introduced in the ballot box but cannot be withdrawn without
the ballot box being opened.
(2) A ballot box shall be exhibited empty to such persons as may be in every voting
room in a polling station immediately before the taking of the poll and shall thereafter be
securely sealed in such a manner as to prevent it from being opened without breaking the
seals.
(3) A ballot box shall be placed in the view of the presiding officer and the polling
agents for the receipt of ballot papers and shall not be opened except in such circumstances
as may be specified in these regulations.
23. Elector to vote at proper polling station
No elector shall vote at a polling station other than the polling station at which he is,
pursuant to regulation 16(2), entitled to vote.
24. Directions to voters
For the guidance of electors, the Electoral Commissioner shall cause notices in Form 7
to be printed in conspicuous characters in English, French and Creole and posted inside
each polling station.
25. Preservation of order at polling station
(1) The senior presiding officer shall –
(a) keep order at his polling station and within a 200 metre radius thereof;
(b) regulate the number of electors to be admitted at a time in each voting
room; and
(c) exclude all other persons except the Chairperson, a member or an official
of the Commission, the Electoral Commissioner, an election officer, a
candidate, an election agent, a polling agent, an International Election
Observer and a police officer on duty.
(2) (a) A polling agent shall be posted in such a place as to enable him to see
each person who presents himself as an elector and to hear his name as given by him, but
the polling agent shall not be in a position which allows him to see how the elector votes.
(b) No election or polling agent shall interfere in election proceedings save
insofar as may be allowed under these regulations.
26. Prohibition of election writing and publication at polling stations
(1) No person, other than a person who is lawfully required or authorised, shall –
(a) write, mark or draw or cause to be written, marked or drawn anywhere
within the precincts, or on the enclosure, of a polling station any word,
sign, drawing or other thing having reference to an election or the effect
or object of which is to promote or procure the election of a candidate at
an election; or
(b) post or cause to be posted up anywhere within the precincts, or on the
enclosure, of a polling station any bill, placard, poster, document or other
thing having reference to an election or the effect or object of which is to
promote or procure the election of a candidate at an election.
(2) Any person who contravenes this regulation shall commit an offence and shall,
on conviction, be liable to a fine not exceeding 1,000 rupees and to imprisonment for a term
not exceeding 3 months.
(3) Any word, sign or drawing or thing written, marked or drawn and any bill, placard,
poster or document or thing posted, as the case may be, in contravention of this regulation
may be removed and destroyed or caused to be removed or destroyed by the returning
officer or the senior presiding officer in charge of the polling station.
27. Duty of elector on coming to vote

(1) Every elector desiring to record his vote shall present himself to the presiding
officer in the appropriate voting room at the polling station at which he is entitled to vote,
state
his name and produce his National Identity Card or any other acceptable proof of his identity.
(2) The presiding officer, after satisfying himself that the name of the elector appears
on the copy of the part of the register containing the names of electors entitled to vote in that
voting room, shall, subject to regulation 29, deliver a ballot paper to the elector.
28. Delivery of ballot paper to elector
(1) Every ballot paper shall bear an official mark which shall be embossed or
perforated, and a printer’s design.
(2) (a) The official mark which is required to be embossed or perforated shall be
kept secret.
(b) An interval of not less than 5 years shall intervene between the use of the
same official mark at elections for the same constituency.
(3) (a) A ballot paper shall, before being delivered to a voter, be embossed or
perforated.
(b) The number and name of an elector as they appear on the register shall
be called out, the number of the elector shall be recorded on the counterfoil and a mark shall
be
placed in the register against the number of the elector to denote that he has received a
ballot
paper, but without showing the particular ballot paper which he has received.
29. Questions which may be put to a person applying for ballot paper
(1) Before delivering a ballot paper, the presiding officer may, or shall, where
requested by a candidate, an election officer or a polling agent, put to that person applying
for a ballot paper, the following questions –
(a) “Are you the person named in the register for this registration area as
follows: (the whole entry from the register to be read)?”;
(b) “Have you already voted at this election either in this voting room or
elsewhere?”,
and may require that person to furnish his signature or an impression of his thumbprint or,
where he is incapacitated by physical cause from impressing his thumbprint, the print of
such
other finger as may be available for that purpose.
(2) Where a person does not answer satisfactorily any question put to him or refuses
to furnish his signature or an impression of his thumbprint or the print of another finger, or
where the presiding officer is satisfied that the person wishing to vote is not the person
whose name is on the register or that he has already voted at the election, the presiding
officer may refuse to give him a ballot paper.
(3) Any person who knowingly gives a false or misleading answer to any question
put to him under this regulation shall commit an offence and shall, on conviction, be liable to
a fine not exceeding 1,000 rupees and imprisonment for a term not exceeding 2 years.
30. Mode of voting
(1) An elector shall, on receiving his ballot paper, forthwith proceed to a booth within
the voting room where he shall mark his ballot paper.
(2) (a) An elector shall mark his vote on the ballot paper by placing a cross
opposite the name and symbol of each candidate for whom he wishes to vote.
(b) Where, at a by-election, a writ of election directs a returning officer to
cause election of more than one Member to be made for a particular constituency, an elector
registered in that constituency desiring to record his vote shall cast as many valid votes as
there
are Members to be elected at that by-election.
(3) After marking his ballot paper, the elector shall fold it up to ensure the secrecy of
his vote and put the ballot paper, so folded up, in the ballot box after having shown the
presiding
officer the official mark on the verso.
(4) After putting the ballot paper in the ballot box, the elector shall, without undue
delay, leave the polling station.
(5) The presiding officer shall give such instructions as may appear to him to be
necessary to the elector as to the manner by which the elector shall record his vote.
31. Tendered ballot paper
(1) (a) Where a person representing himself to be an elector whose name is on
the register applies for a ballot paper after another person has already voted as that elector,
theperson shall, after satisfactorily answering the questions referred to in regulation 29(1),
be entitled to mark a tendered ballot paper, which is of a different colour, in the same
manner as any other elector.
(b) Where an elector has marked a tendered ballot paper, he shall not put it
in the ballot box but give it to the presiding officer.
(c) The presiding officer shall, on receiving a tendered ballot paper from an
elector –
(i) endorse the tendered ballot paper with –
(A) the name of the elector; and
(B) the elector’s number appearing on the register; and
(ii) place the tendered ballot paper in a separate packet.
(d) A tendered ballot paper shall not be counted by a returning officer.
(2) The name of the elector and his number appearing on the register shall be
entered on a list to be called “Tendered Votes List”.
32. Spoilt ballot papers
An elector who has inadvertently dealt with his ballot paper in such a manner that it
cannot be conveniently used as a ballot paper may, on delivering to the presiding officer the
ballot paper so inadvertently dealt with, and proving the fact of the inadvertence to the
satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot
paper so delivered up, and the spoilt ballot paper shall be cancelled by the presiding officer
writing the word "CANCELLED" across its face, placed in a separate packet and handed
over to the returning officer at the close of the poll.
33. Incapacitated electors
(1) Any elector who is an incapacitated person may, on production of his National
Identity Card or any other acceptable proof of his identity, request the presiding officer to be
authorised to vote with the assistance of such companion as he may specify.
(2) No person shall act as a companion unless the person –
(a) has attained the age of 18;
(b) is the father, mother, brother, sister, husband, wife, son or daughter of the
incapacitated person; and
(c) is not a candidate, nor an election agent, nor a polling agent in the
constituency where the incapacitated person is an elector.
(3) No person shall act as a companion for more than 2 incapacitated persons at an
election.
(4) (a) Any person who wishes to act as a companion shall make a declaration in
Form 8.
(b) A declaration made under subparagraph (a) shall be signed in presence
of the presiding officer at the time when the incapacitated person asks to vote with the
assistance of a companion and be given to the presiding officer who shall countersign and
retain it.
(5) The presiding officer shall, on being satisfied that an elector is an incapacitated
person and relying on the declaration made under paragraph (4), grant the request made
under
paragraph (1).
(6) Where an elector who is an incapacitated person is not assisted by a companion,
a poll clerk shall, at the request of the elector and with the authorisation of the presiding
officer,
in the latter’s presence and that of another election officer, mark the vote of the elector in the
manner directed by the elector.
(7) The name and number of every elector on the register whose vote is marked in
accordance with this regulation and the name, National Identity Card number and address of
every companion, if any, shall be entered by the presiding officer on a list to be called “List of
Electors Assisted”.
(8) Any person who contravenes this regulation or knowingly makes a false or
misleading declaration under this regulation shall commit an offence and shall, on conviction,
be liable to a fine not exceeding 1,000 rupees and to imprisonment for a term not exceeding
2 years.
(9) In this regulation –
“incapacitated person” means a person who –
(a) is incapacitated by blindness or any other physical cause from voting in
the manner specified in these regulations; or
(b) declares that he is unable to read or write, or understand, the symbols of
identification.
34. Persons entitled to vote by proxy
(1) Subject to these regulations –
(a) a police officer or an election officer who is engaged in the performance
of duties at an election;
(b) a service elector;
(c) a candidate; and
(d) a public officer who is –
(i) an elector in Rodrigues or Agalega and is serving in the Island of
Mauritius; or
(ii) an elector in a constituency in the Island of Mauritius and is
serving in Rodrigues or Agalega,
shall be entitled to vote by proxy.
(2) At least 14 days before the polling day –
(a) the Commissioner of Police shall, in respect of every police officer to
whom paragraph (1)(a) applies;
(b) a returning officer shall, in respect of every election officer to whom
paragraph (1)(a) applies;
(c) the supervising officer of the Ministry responsible for the subject of foreign
affairs shall, in respect of every service elector to whom paragraph (1)(b)
applies; and
(d) the Secretary to Cabinet and Head of the Civil Service shall, in respect of
every public officer to whom paragraph (1)(d) applies,
forward to the Electoral Commissioner a list of persons entitled to vote by proxy, showing the
constituencies in which they are entitled to vote.
35. Appointment of proxy
(1) An elector whose name appears on a list referred to in regulation 34(2) and an
elector who is a candidate may apply to the returning officer for the constituency in which he
is entitled to vote, not less than 14 days before the polling day, for the issue of a proxy paper
appointing another person to vote as proxy for him.
(2) An application made under paragraph (1) shall be –
(a) in Form 9; and
(b) signed by the applicant and the proposed proxy.
(3) A person shall not be entitled –
(a) to be appointed as proxy unless he is –
(i) a Commonwealth citizen over 18 years of age; and
(ii) not under any legal incapacity to vote at that election;
(b) to vote as proxy at an election on behalf of more than 2 electors.
(4) (a) Subject to subparagraph (b), a returning officer shall, on receipt of an

application made under paragraph (1), appoint the person designated by the elector in his
application as proxy for that elector and issue to the elector, or in the case of a service
elector,
to the proxy, a proxy paper in Form 10.
(b) The returning officer shall issue the proxy paper where he is satisfied that
–
(i) the applicant's name appears on the register for that constituency
and on a list referred to in regulation 34(2) or, in the case of a candidate, on a notice of
polling day, published under regulation16(2); and
(ii) the proxy is capable of being, and is willing to be, appointed.
(5) No person shall be entitled to vote in person at an election where his application for a
proxy paper has been granted.
(6) The returning officer shall keep a record, to be known as the “List of Proxies”, of
electors for whom proxies have been appointed and of the names, National Identity Card
numbers and addresses of the persons appointed.
36. Voting by proxy
(1) No person shall be allowed to vote as proxy unless he first submits his proxy
paper to the presiding officer.
(2) Before delivering a ballot paper to a person claiming to be a proxy, the presiding
officer may, or shall, if requested by a candidate, an election agent or a polling agent, put to
the person the following questions –
(a) “Are you the person whose name appears as A.B. on your proxy paper
and on the list of proxies for this election as entitled to vote as proxy on
behalf of C.D.?” (the whole entry from the register to be read);
(b) “Have you already voted in this voting room or elsewhere at this election
as proxy on behalf of C. D.?”,
and may require the person to furnish his signature or an impression of his thumbprint or, if
such person is incapacitated by physical cause from impressing his thumbprint, the print of
such other finger as may be available for that purpose.
(3) The presiding officer may refuse to give the person a ballot paper
where –
(a) that person does not answer satisfactorily any question put to him;
(b) that person refuses to furnish his signature or an impression of his
thumbprint or the print of another finger; or
(c) he is satisfied that the person offering himself to vote is not the same
person whose name is on the proxy paper and on the list of proxies as
entitled to vote as proxy on behalf of the elector, or that the person has
already voted at the election as proxy on behalf of the same elector.
(4) Where a person whose name appears on a proxy paper and on a list of proxies
as proxy for an elector applies for a ballot paper after another person has voted as proxy for
that
elector, the presiding officer shall deliver to him a tendered ballot paper and shall otherwise
proceed in accordance with regulation 31.
(5) Where a ballot paper is delivered to a proxy, a mark shall be placed against that
proxy's name in the list of proxies to denote that he has received a ballot paper, in addition
to
the mark placed against the number of the elector in the copy of the register.
(6) Any person who knowingly gives a false or misleading answer to any question
put to him under this regulation shall commit an offence and shall, on conviction, be liable to
a
fine not exceeding 1,000 rupees and imprisonment for a term not exceeding 2 years.
37. Duties of presiding officer at close of poll

(1) As soon as practicable after the close of the poll, the presiding officer at each
voting room shall, in the presence of any candidate or his election or polling
agent –
(a) seal the aperture of the ballot box in use at his voting room, allowing the
candidates or agents present to affix their seals thereon if they so desire;
(b) complete the ballot paper account, showing the number of ballot papers
entrusted to him, and accounting for them under the heads of ballot
papers in the ballot box, unused, spoilt and tendered ballot papers; and
(c) make up into separate packets, sealed with his own seal and the seal of
any candidate or agent who desires to affix his seal –
(i) the list of proxies and the proxy papers;
(ii) the unused and spoilt ballot papers;
(iii) the tendered ballot papers;
(iv) the poll clerk’s marked copy of the register and the counterfoils of
the ballot papers; and
(v) the tendered votes list and the list of electors assisted.
(2) The presiding officer shall thereafter, in the presence of the candidates or their
agents, deliver the sealed ballot box, completed ballot paper account and sealed packets to
the
senior presiding officer.
38. Counting agents
(1) (a) Subject to subparagraph (b) –
(i) every candidate who does not belong to a party or party alliance
may appoint one counting agent; and
(ii) every party or party alliance may appoint not more than 2 counting
agents,
to attend the counting of votes at each counting room in a counting centre in the
constituency
for which the candidate seeks, or the candidates belonging to the party or party alliance
seek, to
be elected.
(b) No person shall be appointed as a counting agent where –
(i) he has, at any time, been convicted of, and sentenced to a term of
imprisonment in respect of, an election offence or any offence
involving fraud, dishonesty or the use of violence against any
person; or
(ii) he is under the age of 18.
(2) The returning officer may limit the number of counting agents who may be
admitted at any time into a counting room.
(3) Written notice of the appointment, stating the name, National Identity Card
number and address of every counting agent shall be given by the candidate, party or party
alliance, to the returning officer not later than 5 days before the polling day, and the returning
officer may refuse to admit to the counting centre any person purporting to be a counting
agent
in respect of whom such notice has not been given.
(4) Where a counting agent dies or becomes incapable of acting as a counting
agent, the candidate, party or party alliance may appoint another counting agent in his place
and shall immediately give to the returning officer written notice of the name, National
Identity
Card number and address of the counting agent so appointed.
39. Counting of votes
(1) On the day following the polling day, the returning officer shall attend the
counting centre and –
(a) before the start of the counting process, he shall, for his constituency,
give notice by posting up at the counting centre the total number of –
(i) ballot papers in all the ballot boxes;
(ii) unused ballot papers;
(iii) spoilt ballot papers;
(iv) tendered ballot papers;
(v) electors assisted; and
(vi) proxies; and
(b) at 8 a.m. he shall, subject to paragraph (2), in presence of a candidate or
his duly appointed election agent, break the seals affixed to each ballot
box, open each ballot box and proceed to count the ballot papers
contained in each ballot box and record their number, keeping the ballot
papers with their face upwards, and taking all proper precautions for
preventing any person from seeing the numbers on the verso of the ballot
papers, and then proceed to count the votes.
(2) Where, at 8 a.m., a candidate or his duly appointed election agent is not present,
the returning officer shall proceed in accordance with paragraph (1)(b).
(3) Any ballot paper which does not have on its verso the official mark, or on which
votes are given to more candidates than entitled or to a fewer number of candidates than
required, or on which anything, other than the number on the verso, is written or marked by
which the voter can be identified, or which is unmarked, or about which there is any
uncertainty
as to the vote, shall be void and not counted.
(4) Whenever there is an equality of votes between 2 or more candidates at an
election, the election as between the candidates with an equal number of votes shall be
decided
by the drawing of lots in presence of the returning officer.
(5) No person shall be allowed within the precincts of a counting centre except –
(a) the Chairperson or a member or an official of the Commission;
(b) the Electoral Commissioner;
(c) an election officer;
(d) a candidate;
(e) an election agent;
(f) a counting agent;
(g) a police officer on duty; and
(h) an International Election Observer.
40. Rejected ballot papers
(1) The returning officer shall endorse "Rejected" on any ballot paper which he may
reject as invalid stating the grounds for such rejection.
(2) Where a candidate or an agent objects to the decision of the returning officer
under paragraph (1), the returning officer shall, where he does not accede to the objection
raised by the candidate or the agent, add to the endorsement the words “Rejection objected
to”.
(3) The decision of the returning officer as to any question arising in respect of any
ballot paper shall be final, subject to reversal on petition questioning the election or return.
(4) The returning officer shall report to the Commission the number of ballot papers
rejected and not counted by him under the respective heads of –
(a) want of official mark;
(b) voting for more candidates than entitled;
(c) voting for a fewer number of candidates than required;
(d) writing or mark by which a voter could be identified;
(e) unmarked or void for uncertainty,
and shall, before the report is sent, allow on request any candidate or agent to copy it or
make
an extract from it.
41. Continuous counting
(1) The returning officer shall, as far as practicable, proceed continuously with the
counting of the votes.
(2) In case the counting process is adjourned, the returning officer shall place the
ballot papers and other documents relating to the election under his own seal and the seals
of
such of the agents of the candidates as desire to affix their seals, and take proper
precautions
for the security of the papers and documents.
42. Recount
(1) A candidate or his election agent may, if present when the counting is completed,
require the returning officer to have the votes recounted or again recounted, but the
returning
officer may refuse to do a recount where, in his opinion, the request is unreasonable.
(2) No step shall be taken on the completion of the counting or any recount of the
votes until the candidates and election agents present at the time have been given a
reasonable
opportunity to exercise the right conferred by paragraph (1).
43. Sealing of documents
(1) On the completion of the counting, the returning officer shall seal up, in separate
packets, the ballot papers which have been counted or rejected.
(2) The returning officer shall not open any sealed packet of tendered ballot papers
or of the poll clerks’ marked copies of the register and counterfoils of ballot papers, or of the
list of proxies and the proxy papers.
44. Declaration of poll
(1) Subject to regulation 42, a returning officer shall, as soon as he ascertains the
result of the poll, publicly announce that result and, in the case of the election of more than
one Member, he shall declare to be returned as Members of the National Assembly the
candidate who has received the greatest number of votes and the candidate or candidates
standing next in order on the basis of the number of votes they have received, up to the total
number of seats to be filled.
(2) The returning officer shall, after announcing the result –
(a) certify the return of those candidates and the number of votes they have respectively
obtained by endorsement on the writ of election; and
(b) (i) within the prescribed time, submit the writ of election, duly endorsed in accordance
with subparagraph (a), to the President; or
(ii) in respect of the constituency of Rodrigues, forthwith inform the
Commission of the terms of the endorsement of the writ and
thereafter transmit the writ to the President at the earliest
opportunity.
45. Papers to be sent to Electoral Commissioner
(1) The returning officer shall, as soon as practicable after making the return –
(a) make up all the packets of papers referred to in regulations 37 and 43 into
parcels and seal those parcels so that they cannot be opened without
breaking the seals; and
(b) forward the sealed parcels to the Electoral Commissioner.
(2) The Electoral Commissioner shall –
(a) subject to paragraph (3), keep the sealed parcels in safe custody and
shall not allow any person to have access to those sealed parcels; and
(b) after the expiry of 6 months from the date of the election, destroy the
sealed parcels unless there is an election petition pending before the
Supreme Court.
(3) Where an election petition is presented questioning the validity of any election or
return, the Electoral Commissioner shall, on the order of a Judge of the Supreme Court,
deliver
to the Master and Registrar the sealed parcels relating to the election which is in dispute.
46. Forfeiture of deposit

(1) (a) Where a candidate who has made the deposit required under regulation
12(2)(a)(ii) is not elected, and the number of votes polled by him does not exceed one-tenth
of the total number of votes polled, the amount deposited shall be forfeited to the State.
(b) In every other case, that amount shall be returned to the candidate as
soon as practicable after the result of the election is declared.
(2) For the purposes of this regulation, the total number of votes polled shall be the
number of ballot papers counted.
47. Variation or alteration of nomination day, nomination centre, polling day, polling
station, counting day or counting centre
(1) In case of adverse weather conditions, riot or violence, or any other circumstance
prevailing in the country which may, in the opinion of the Commission, disrupt the smooth
running of the electoral process on the nomination day, polling day or counting day, the
President may, after consultation with the Commission and the Electoral Commissioner, and
acting in accordance with the advice of the Prime Minister, vary the nomination day, polling
day
or counting day, or alter any nomination centre, polling station or counting centre.
(2) The Electoral Commissioner shall, as soon as practicable, give notice of any
variation or alteration referred to in paragraph (1) by publication in the Gazette.
48. Interruption or obstruction of election proceedings
(1) Where election proceedings at a nomination centre, polling station or counting
centre are interrupted or obstructed by any adverse weather conditions, riot or violence or
other
circumstance which may, in the opinion of the returning officer, disrupt the smooth running of
the election proceedings on the nomination day, polling day or counting day, the
Commission
may, after consultation with the Electoral Commissioner, adjourn the proceedings at such
nomination centre, polling station or counting centre until the next day.
(2) Where necessary, the Commission may, after consultation with the Electoral
Commissioner, further adjourn the election proceedings until the interruption or obstruction
shall
have ceased.
(3) Where election proceedings are adjourned under paragraph (1) or (2), the
Electoral Commissioner shall, as soon as practicable, give notice of the adjournment by
publication in the Gazette.
49. Power to vary time or time limit
(1) Subject to regulations 47 and 48, the Commission may, in relation to any
election, by Order published in the Gazette, vary any time or time limit specified in these
regulations and may substitute a different time or time limit, and any relevant provision in
these
regulations shall have effect subject to the Order.
(2) Any Order made under paragraph (1) may be varied or revoked by a subsequent
Order of the Commission.
50. Returning officer to submit returns
At a general election, every returning officer shall, as soon as practicable after the
election –
(a) submit to the Electoral Commissioner a return in Form 11 or 12, as the case
may; or
(b) in respect of the constituency of Rodrigues, by such means as the Electoral
Commissioner may determine, inform him of the contents of the return and
thereafter transmit the return to him at the earliest opportunity.
51. Day, time and place for examination of returns
(1) The Commission shall, as soon as practicable after the return of the writs for all
the constituencies, by notice published in the Gazette, appoint the day, time and place on
and at which the Electoral Commissioner shall examine the returns referred to in regulation
50 and determine the appropriate unreturned candidates entitled to be allocated seats under
paragraph 5 of the First Schedule to the Constitution [deleted- and the Constitution
(Declaration of Community) (Temporary Provisions) Act 2014]
(2) The Electoral Commissioner shall, in such manner as he may determine, give
further notice of the day, time and place on and at which he will proceed with the
examination of
the returns and the determination of the appropriate unreturned candidates.
(3) For the purposes of this regulation and of regulation 52, a notification to the
Commission or the Electoral Commissioner by a returning officer for the constituency of
Rodrigues under regulation 15(2)(c) or 50(b) may be treated as a return of the writ or as a
return, as the case may be.
(4) (a) The Commission may appoint fit and proper persons to assist the
Electoral Commissioner in the performance of the duties conferred on him by paragraph (1).
(b) Every appointment made under subparagraph (a) shall be published in
the Gazette.
52. Examination of returns
(1) On the day and at the time and place appointed for the examination of returns,
the Electoral Commissioner shall, in the presence of such unreturned candidates as have
given written notice to the Electoral Commissioner of their desire to be present, International
Election Observers, if any, and not more than 2 representatives of any party or party
alliance, examine the returns made by the returning officers pursuant to regulation 50 and
determine which of the unreturned candidates are entitled to be allocated seats under
paragraph 5 of the First Schedule to the Constitution [ deleted-and the Constitution
(Declaration of Community) (Temporary Provisions) Act 2014.]
(2) No person, other than the persons referred to in paragraph (1), shall be allowed
within the precincts of the place appointed under regulation 51 and the Commissioner of
Police shall, in consultation with the Electoral Commissioner, take measures for the
maintenance of order and the prevention of crowds in and around the said place and in the
vicinity thereof.
53. Electoral Commissioner to report to Commission
The Electoral Commissioner shall, after determining which of the unreturned candidates
are entitled to be allocated seats, forthwith submit a report of his determination to the
Commission which shall, if satisfied with the report, allocate the seats in accordance with
paragraph 5 of the First Schedule to the Constitution [deleted- and the Constitution
(Declaration of Community) (Temporary Provisions) Act 2014.]
54. Filling of vacancies in additional seats
Regulations 51 to 53 shall, with necessary adaptations and modifications, apply in
respect of the allocation of a seat of a Member who was allocated an additional seat in the
National Assembly and which is vacant.
55. Prosecution of offences
A prosecution for an offence under these regulations shall not be instituted except with
the written consent of the Director of Public Prosecutions.
56. Publication of appointment or notice
Where, in these regulations, the Electoral Commissioner is required to cause any
appointment or notice to be published in the Gazette or a newspaper, he may also cause
such
appointment or notice to be published in such other manner as he may determine.
57. Revocation
The National Assembly Elections Regulations 1968 are revoked.
(See the 2nd Schedule - Representation of the People Act [Act 14/1958] )
58. Commencement
These regulations shall come into operation on 6 November 2014.
Made by the President on 6 November 2014.
_______________
FIRST SCHEDULE
[Regulation 8]
FIRST SCHEDULE
[Regulations 2 and 5(1)]
FORM 1
[Regulations 2 and 5(1) of the National Assembly Elections Regulations 2014]
NOTICE OF ELECTION
NOTICE OF ELECTION OF ….. MEMBER/S OF THE NATIONAL ASSEMBLY FOR THE
CONSTITUENCY OF ……….………………………………......
The President of the Republic having issued a writ for the election of ….. Member/s of the
National Assembly for the above mentioned constituency, the returning officer for the said
constituency will, on the ………. day of ……………………. 20 …. next ensuing, between the
hours of ……….. and ……… at ……………………., the duly appointed nomination centre,
receive the nomination of candidates for election as Member/s of the National Assembly for the
above mentioned constituency and if there is no opposition, proceed to the election of …….
Member/s of the above mentioned constituency.
Forms of nomination paper may be obtained at the office of ……………………. between the
hours of …………… and …………… on working days, except on Saturdays when the office will
be closed at ………….. .
Every nomination paper shall be signed by at least 4 registered electors of the above mentioned
constituency, be accompanied by the National Identity Card of the candidate, or such other proof
of his identity as the Electoral Commissioner may, after consultation Government Notices 2019
1451
with the Commission, determine, and be submitted to the returning officer between the hours of
……….. and ……….
Where a nomination paper is submitted by a person acting on behalf of a candidate, it shall be
accompanied by the National Identity Card of that person and that of the candidate, or such other
proof of his or their identity as the Electoral Commissioner may, after consultation with the
Commission, determine.
Every nomination paper shall specify the name, sex, address and occupation of the candidate,
shall contain a declaration by the candidate that he is qualified and shall be accompanied by a
deposit of 1,500 rupees.
In the case of a general election, each candidate belonging to a party or party alliance shall make
and subscribe on his nomination paper a declaration –
(a) of the party or party alliance, if any, registered under regulation 8 of the National
Assembly Elections Regulations 2014, to which he belongs, and he shall submit a certificate
from his party or party alliance certifying that he belongs to that party or party alliance;
(b) as to which of the Hindu, Muslim, Sino-Mauritian or General Population community he
belongs to.
.……………….. ..………………………………
Date ….
Signature of Returning Officer
_______________
SECOND SCHEDULE
FORM 2
APPLICATION FOR REGISTRATION AS PARTY/PARTY ALLIANCE FOR
NATIONAL ASSEMBLY ELECTIONS
To the Electoral Supervisory Commission
We, the undersigned, being the president/presidents* and secretary/secretaries*
respectively, of the
………………………………………………………………………………………………………
………………………………………………………………………………………………………
……………………………………………………………………………………………………..,
(insert name of party/party alliance*)
being a lawful association/lawful associations*, hereby apply to be registered as a
party/party
alliance* for the purposes of the general election to be held on ……………………. and for
the
purposes of paragraph 5(7) of the First Schedule to the Constitution, under the following
name
………………………………………. , together with a symbol of identification, namely
……………………… , a facsimile# of which is annexed. (state symbol)
Official address of party/party alliance* …………………………………………………..
……………………………………………………………………………………………………..
(to be completed in the case of a party not forming part of a party alliance)
……………………. …………………….
(Signature of president) (Signature of secretary)
Name…………….……………………. Name.……………..…………………..
National Identity Card number National Identity Card number

…………………………………………. ………………………………………….
(where NIC is being submitted (where NIC is being submitted
as proof of identity) as proof of identity)
(to be completed in the case of a party alliance)
……………..………. ………………..…….
Name…………….……………………. Name.……………..…………………..
…………………………………………. ………………………………………….
……………..………. ………………..…….
Name…………….……………………. Name.……………..…………………..
…………………………………………. ………………………………………….
(to be completed by the Electoral Commissioner)
Signed in my presence at ……………………………………………………………..
Dated this ………. day of ……………………… 20 ….. at ………….. a.m./p.m*
………..…………………..
Electoral Commissioner
#The facsimile of the symbol of identification shall –
(a) consist of a line-drawing in black colour on a white background; and
(b) fit within a space of 20 mm by 15 mm; but
(c) not consist of any letter, word, figure or alphanumeric in any language, or any punctuation
mark.
*delete as appropriate
_______________
THIRD SCHEDULE
FORM 3
NOMINATION PAPER
ELECTION OF MEMBER/S OF THE NATIONAL ASSEMBLY FOR THE
CONSTITUENCY OF ………………………………………………………………………….. .
To the returning officer of the above mentioned constituency
PART I
We, the undersigned, being registered electors for the above mentioned constituency,
hereby nominate the person undermentioned as a candidate at the said election.
PARTICULARS REGARDING CANDIDATE
Surname Other
names
Sex Address Occupation
PARTICULARS REGARDING REGISTERED ELECTORS
Surname Other
names
National Identity
Card number
Address Number on register,
including distinguishing letters
1.
2.
3.
4.
Etc. etc. etc.

1 …………………….
Signature of registered electors 2 …………………….
3 …………………….
4 …………………….
Etc. etc. etc.
PART II
DECLARATION BY CANDIDATE
Sub-Part A
1. I, ……………………………………………………………………… , hereby consent to my
nomination as candidate for election as a Member of the National Assembly for the above
mentioned constituency and do hereby declare that –
(a) I am qualified to be elected as a Member of the National Assembly in accordance
with section 33 of the Constitution;
(b) I am not disqualified from being elected as a Member of the National Assembly
under section 34 of the Constitution;
(c) I have not been, nor will I consent to be, nominated as a candidate for election as
a Member of the National Assembly in any other constituency.
Sub-Part B
(to be completed only in the case of a general election)
2.* I hereby declare that I am a member of the ……………………. party/party alliance# which is
registered under regulation 8 of the National Assembly Elections Regulations 2014 and I am
annexing a certificate from my party/party alliance# certifying that I am a member of that
party/party alliance#.
3. I also hereby declare that I am a member of the Hindu/Muslim/ Sino-Mauritian/General
Population community# within the meaning of paragraph 3(4) of the First Schedule to the
Constitution.
Sub-Part C
4. #I shall be my own election agent and my address within the constituency is
……………………………………………………………………………………..…………….. .
OR
#I hereby name and appoint ……………………………………………………., whose
address within the constituency is ………………………………………….., whose National
Identity Card number is ……………………. and whose occupation is
………………………………………….. , as my election agent for the pending election.
Dated this ………. day of……………………… 20 …..
………………………….
Signature of candidate
PART III
DECLARATION BY ELECTION AGENT
(to be completed in case candidate appoints an election agent)
I, the above named election agent, do hereby declare that I am willing to be appointed
election agent for candidate ……………………. for the pending election.
Dated this ………. day of ……………………… 20 …..
………………………
Signature of election agent
PART IV
(To be completed in case nomination paper is submitted by a person acting on behalf
of
a candidate)
Name ………………………………………………………………………………………………
National Identity Card Number …………..…………………………… (where NIC is being
submitted as proof of identity)
………………………….
Signature
*applicable only in the case of a candidate belonging to a party/party alliance
#delete as appropriate
_______________
FOURTH SCHEDULE
FORM 4
NATIONAL ASSEMBLY ELECTIONS
CERTIFICATE OF PARTY/PARTY ALLIANCE
[TO BE FILLED IN BY THE PRESIDENT/PRESIDENTS AND SECRETARY/SECRETARIES
OF PARTY/PARTY ALLIANCE]
The constituency of ………………………………………………………………………….. .
To the returning officer for the above mentioned constituency
We, the undersigned, being the president/presidents* and secretary/secretaries*
respectively, of
the …………………………………………………………...……………… ,
(insert name and address of party or party alliance as registered with the Electoral
Supervisory Commission)
hereby certify that the undermentioned person –
(a) belongs to our party/party alliance* which is duly registered for the purpose of the
forthcoming elections;
(b) is authorised to stand as candidate of the above mentioned party/party alliance* for the
forthcoming elections; and
(c) is authorised to use the symbol of identification of the party/party alliance*, namely
…………………….
(state the symbol)
SURNAME OF CANDIDATE OTHER NAMES OF CANDIDATE
……………………. …………….…..…….
Name …………….……………………. Name .……………..…………………..
…………………………………………. ………………………………………….
……………..………. ………………..…….
**(Signature of president) **(Signature of secretary)
Name …………….……………………. Name .……………..…………………..
…………………………………………. ………………………………………….
Dated this ………. day of……………………… 20 …..
**to be subscribed in case of a party alliance
_______________
FIFTH SCHEDULE
FORM 5
NOTICE OF POLLING DAY
ELECTION OF …… MEMBER/S OF THE NATIONAL ASSEMBLY FOR THE
CONSTITUENCY OF …………………………………………………………………………...
Notice is hereby given to the registered electors of the above mentioned constituency
that a poll for the election now pending for the said constituency will be opened on the
……….
day of …………… 20 ….. between the hours of ………. and ………. in the following polling
stations appointed for the said constituency.
Polling stations
Name Where situated
Distinguishing letters of
the part of the register
And that the candidates and their respective election agents in the above constituency are
as
follows –
Candidates Address Occupation Party/Part
y alliance
(if any)*
Election
agents
Address Occupation
of which all persons are hereby required to take notice and govern themselves accordingly.
Given under my hand at ………………………… this ………. day of …………………….
20 ….. .
……………………………
Electoral Commissioner
*applicable only in the case of a general election
_______________
SIXTH SCHEDULE
FORM 6
FORM OF RECTO OF BALLOT PAPER
Ballot Paper
The Constituency of
…….…….
1
ALIPHON
(Marie Thérèse Aliphon, of 112,
Royal Rd., Curepipe, housewife)
*#
2
BROWN
(JACQUES EDOUARD Brown,
also known as Ticolo, of 2,
Corderie St., Port Louis, tailor)
*#
Counterfoil No. ………..
(To correspond with that on
the verso of the ballot
paper)
3
BROWN
(THOMAS ARTHUR Brown, of
Boulet Rouge, Flacq, unemployed)
*#
4
MOUSSA
(Reshad Moussa, MSK, of 14,
Labourdonnais St., Port Louis,
teacher)
*#
Elector’s number on
Register ………………
5
RAMJEE
(Anil Rao Ramjee, of D7, Gandhi
Ave., Résidence Malherbes B,
Curepipe, company director, S.B.L.
Limited)
*#
Printer’s design
*party/party alliance (applicable only in case of a general election)
#symbol
FORM OF VERSO OF BALLOT PAPER

No. …………………………………………………………………………………………………
(to correspond with the number on the counterfoil)
The Constituency of …………………………………………………………………………….
Election held on ………………………………………………………………………………….
Official Mark
DIRECTIONS AS TO PRINTING OF BALLOT PAPER
1. Nothing is to be printed on the ballot paper except in accordance with these directions.
2. So far as practicable, the following arrangements shall be observed in the printing of the
ballot paper –
(a) no word shall be printed on the recto except the particulars of the candidates,
and, in the case of a general election, the party or party alliance, if any,
registered under regulation 8 of the National Assembly Elections Regulations
2014, to which the candidate belongs;
(b) no rule shall be printed on the recto except the horizontal rules separating the
particulars of the candidates from one another and the vertical rules separating –
(i) those particulars from the numbers on the left-hand side and from the
spaces reserved for the printing of the name of the party or party alliance,
if any, on the right;
59
(ii) the space reserved for the printing of the name of the party or party
alliance, if any, on the left and the symbols of identification on the right;
and
(iii) the symbols of identification from the spaces where the vote is to be
marked;
(c) except for the margin at the bottom, for the official mark, the whole space
between the top and bottom of the paper shall be equally divided between the
candidates by the rules separating their particulars.
3. The candidates shall be listed from top to bottom in alphabetical order.
4. The surname of each candidate shall in all cases be printed by itself in large capitals,
and his full particulars shall be set out below it and shall be printed in ordinary type except
that
small capitals shall be used –
(a) if his surname is the same as another candidate's, for his other
names; and
(b) if his other names are also the same as the other candidate's, either for his
residence or for his description unless each of them is the same as that of
another candidate with the same surname and other names.
5. In the case of an election other than a general election, the column reserved for the
printing of the name of the party or party alliance shall be omitted.
_______________
SEVENTH SCHEDULE
[Regulations 2 and 24]
FORM 7
[Regulations 2 and 24 of the National Assembly Elections Regulations 2014]
DIRECTIONS TO VOTERS FOR NATIONAL ASSEMBLY ELECTIONS
1. An elector registered in this constituency may vote only at the polling station allotted to
him.
2. An elector shall vote for …… candidate/s failing which the vote/s cast will be null and
void.
3. An elector desiring to record his vote shall produce his National Identity Card or such
other proof of his identity as the Electoral Commissioner may, after consultation with the
Commission, determine.
4. An elector shall go into one of the voting booths and, with a pen there provided, place a
cross (X) opposite the name and symbol of the candidate or each of the candidates for
whom
he votes.
5. An elector shall then fold the ballot paper so that his cross/es cannot be seen, show the
official mark on the verso to the presiding officer and place the folded ballot paper in the
ballot
box. The elector shall forthwith leave the polling station.
6. If an elector inadvertently spoils a ballot paper, he may return it to the presiding officer
who, on being satisfied of the fact, will give him a fresh one.
7. If an elector votes for more candidates or fewer number of candidates than there are
seats to be filled, or places any mark on the ballot paper by which he may afterwards be
identified, his vote/s shall be void and shall not be counted.
_______________
EIGHTH SCHEDULE
FORM 8
DECLARATION TO BE MADE BY THE COMPANION OF AN
INCAPACITATED ELECTOR
I, ……………………………………………………………………………………………….… ,
(Surname and other names of companion)
holding National Identity Card number ….…………………………........... of
……………………………………………………………………………………………………. ,
(address)
having been requested to assist ………………………………………………………………
(Surname and other names of incapacitated elector)
who is numbered ………… on the register of electors for constituency No. ….. to record his
vote
at the election now being held for the said constituency, do hereby declare that –
(a) I have attained the age of 18;
(b) I am the father/mother/brother/sister/husband/wife/son/daughter* of the
incapacitated person;
(c) I am not a candidate, nor an election agent, nor a polling agent in the above
constituency where the incapacitated person is an elector; and
(d) I will not assist more than 2 incapacitated electors in this election.
……….……………………
Signature of companion
Dated this ………. day of ……………………… 20 …..
62
I do hereby certify that the above declaration, having been first read to the above named
declarant, was signed by him in my presence.
…………………………………..
Signature of Presiding Officer
Dated this ………. day of ……………………… 20 ….. at ………. a.m./p.m*
NOTE – Any person who knowingly makes a false or misleading declaration shall commit an
offence and shall, on conviction, be liable to a fine not exceeding 1,000 rupees and to
imprisonment for a term not exceeding 2 years.
_______________
NINTH SCHEDULE
FORM 9
APPLICATION FOR APPOINTMENT OF PROXY
To the Returning Officer for the constituency of ………………………………………….
………………………………………………………………………………………………………
(State the constituency in which you are entitled to vote)
Surname of applicant (elector) …………………………………………..……………………
(In block letters)
Other name(s) of applicant ………………………………………..…………………………..
(In block letters)
National Identity Card number of applicant …………………………………………………
Full postal address of applicant ……………………………………………………………….
I, the above named applicant –
(a) certify that –
(i) *I am a candidate nominated for election;
(ii) *I am entitled to vote by proxy by virtue of service as service elector on polling
day;
(iii) *I am entitled to vote by proxy by virtue of service as election officer posted at
………………………………… on polling day;
64
(b) hereby apply for the issue of a proxy paper appointing the person named hereunder as
proxy to vote for me –
Surname of proxy ……………………………………………………………………….
(In block letters)
Other name(s) of proxy ………………………………………………………………..
(In block letters)
National Identity Card number of proxy …………………………………………….
Full postal address of proxy ………………………………………………………..…
.…………………………
Signature of applicant
Dated this ………. day of ……………………… 20 …..
I, the above named proxy, do hereby declare that I am willing to be appointed proxy and
capable of acting as such.
………………………
Signature of proxy
Dated this ………. day of ……………………… 20 …..
Note No. 1 – A person who appoints a proxy will not be entitled to vote in person.
Note No. 2 – A person cannot be a proxy unless he is a Commonwealth citizen, over 18
years of age and not subject to any legal incapacity.
Note No. 3 – A person cannot act as proxy for more than 2 electors in any constituency.
65
Note No. 4 – This application shall reach the returning officer not less than 14 days
before the polling day.
_______________
TENTH SCHEDULE
FORM 10
PROXY PAPER
Constituency ……………………………………………..………………………………………
Polling station ..………………………………………………………………………………….
Name of proxy …………………………………………………………………………………..
National Identity Card number of proxy ……………………………………………………..
Postal address of proxy ………………………………………………..………………………
IS HEREBY APPOINTED AS PROXY FOR
Name of elector ………………………………………………………………………………….
National Identity Card number of elector ……………………………………………………
Number on register ……………………….
TO VOTE FOR HIM/HER* AT THE ELECTION FOR THE ABOVE MENTIONED
CONSTITUENCY.
66
Dated this ………. day of ……………………… 20 …..
………………………………………
_______________
ELEVENTH SCHEDULE
FORM 11
CERTIFICATE OF ELECTION
To the Electoral Commissioner
I hereby certify that the undermentioned candidate/s for the constituency of
………………………..….. was/were* on the ……….…. day of ……………………………… 20
…..
returned unopposed.
Name and particulars Party/Party alliance (if any)
Community [deleted -where declared by candidate]
Dated this ………. day of ……………………… 20 …..
………………………………………
_______________
TWELFTH SCHEDULE
FORM 12
CERTIFICATE OF RESULT OF POLL
To the Electoral Commissioner
I hereby certify that the result of the poll held on the ……… day of …………………. 20
….. in the constituency of …………………………. is as shown hereunder –
Total number of valid ballot papers counted ………………..
Order Name and particulars of candidates
Number of votes obtained
Party/Party alliance (if any)
Community[deleted- where declared by candidate]
1
2
3
4
5
etc
I hereby certify that the following candidates have been returned for the said constituency –
………………………………………………………………………………………………………
……………………………………………………………………………………………………………
…
………………………………………………………………………………………………
Dated this ………. day of ……………………… 20 …..

National Assembly Elections Regulations 2014 As Ammended by Regulations 2019

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National Assembly Elections Regulations 2014

GN No. 201 of 2014

10. Notification of name of Party Leader

(5) A candidate shall be nominated in writing by at least 4 persons who are

(c) In the case of a general election, the Electoral Commissioner shall, by

27. Duty of elector on coming to vote

(4) (a) Subject to subparagraph (b), a returning officer shall, on receipt of an

37. Duties of presiding officer at close of poll

46. Forfeiture of deposit

National Identity Card number National Identity Card number

Etc. etc. etc.

FORM OF VERSO OF BALLOT PAPER

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