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The Pyithu Hluttaw Election Law

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The Pyithu Hluttaw Election Law The Union of Myanmar The State Peace and Development Council The Pyithu Hluttaw Election Law ( The State Peace and Development Council Law No. 3 / 2010 ) The 9th Waning Day of Taboung, 1371 M.E. ( 8th March, 2010 ) The State Peace and Development Council, in order to elect Pyithu Hluttaw representatives by holding free and fair Multi- party Democracy General Election, hereby enacts the following law in accord with Section 443 of the Constitution of the Republic of the Union of Myanmar. Chapter I Title and Definition 1. This Law shall be called the Pyithu Hluttaw Election Law. 2. The following expressions contained in this Law shall have the meaning given hereunder: (a) Constitution means the Constitution of the Republic of the Union of Myanmar; (b) Hluttaw means the Pyithu Hluttaw; (c) Hluttaw representative means the person who has been elected to the Pyithu Hluttaw or Defence Services personnel Pyithu Hluttaw representative nominated by the Commander- in-Chief Explanation: The expression, member of religious of the Defence Services in accord with the Constitution; order, applies to a religious monk or a (d) Election means the Pyithu Hluttaw Election; member of the religious order while he or she is serving temporarily as such; (e) Constituency means the Pyithu Hluttaw constituency; (ii) in the case of Christians, persons who have been (f) Region or State means the existing respective Division or respective recognized and ordained or assigned duties by the relevant State ; Churches as persons who have dedicated themselves mainly (g) Commission means the Union Election Commission; to serve the Christian religious order, and persons included (h) Sub-commission means the following Sub- commissions formed in a group of persons or organization which of their own by the Commission: volition have submitted to the control of the respective (i) Nay Pyi Taw Sub- commission; head according to the religion professed as organized by religious discipline or vow; (ii) Region or State Sub- commission; (iii) in the case of Hindus, Sanyazi , Mahant or Hindu priests; (iii) Self-Administered Division or Self-Administered Zone Sub-commission; (j) Voting Roll means the roll of eligible voters prepared for prescribed constituencies for purpose of election; (iv) District Sub- commission; (v) Township Sub-commission; (k) Convict means the person serving prison term under sentence passed by any court. The said expression also includes the (vi) Ward or Village-tract Sub-commission; person who is serving prison term by the order of the court and (i) Member of religious order means the following persons: pending appeal or revision against the sentence of imprisonment (i) in the case of Buddhists, monks, novices, religious laymen, of the relevant court ; nuns serving the Buddhist religious order; (l) Polling Booth Team means a team which is assigned duty by (b) not more than 110 Pyithu Hluttaw representatives who are the the Township Sub- commission concerned, the duty of taking Defence Services personnel nominated by the Commander- in - collective responsibilities in connection with voting at a polling Chief of the Defence Services in accord with the Constitution. booth within a constituency; Chapter III Designation of Constituencies (m) Polling Booth Officer means the person who is in charge of 4. In designating Hluttaw constituencies, the Commission : the Polling Booth Team; (a) shall not designate more than 330 Hluttaw Constituencies in the (n) Electoral Right means the right of a person to stand or not to entire Union including Regions or States and Union territories; stand as a Hluttaw candidate, or to withdraw from the list of Hluttaw (b) shall designate at least one constituency in a township in the candidates or to vote or refrain from voting at the election; case of constituencies which have not exceeded 330; (o) Malpractice means any practice mentioned in Chapter XIV of (c) if the number of 330 constituencies have not been filled for the this Law; required number of constituencies, the list of population depending (p) Rules mean the rules made under this Law. on the density of population in townships within the entire Union shall be prepared, and from this list beginning from the most Chapter II densely populated township, a constituency for each township Formation of the Pyithu Hluttaw shall be designated and added to fill the required number of 3. The Hluttaw shall be formed with a maximum of 440 Hluttaw represen- constituencies; tatives as follows: (d) in case the total number of townships exceed 330,due to forming (a) not more than 330 Pyithu Hluttaw representatives elected of new townships, designation of constituencies shall be made as by prescribing the constituency in accord with this Law on the follows: basis of township as well as population, combining with (i) in the event of forming a new township by dividing a township which is contiguous to the newly-formed township if it township into two parts, designating the said new township is more than 330 townships; as the constituency of the original township; (ii) in the event of forming a new township by extracting the (a) citizen, associate citizen, naturalized citizen or holder of temporary areas from more than one township, designating as a certificate who has completed the age of 18 years on the day of constituency by merging them to the township which is commencement of election and who does not contravene the contiguous and has the least population; provisions of this Law; (e) in the case of designation of an area which is situated in a Hluttaw (b) person whose name has been included in the voting roll of the constituency as Union territory, the said area shall be deemed to respective constituency. be included only in the original Hluttaw constituency. 7. The following persons shall not be eligible to vote at the election : 5. (a) The Hluttaw constituency designated by the Commission shall (a) member of religious order; be only for a term of Hluttaw. (b) convict; (b) In the case of formation of a new township after designating (c) person adjudged to be of unsound mind as provided for in the constituencies for a regular term by the Commission, such township relevant law; shall be deemed to be included in the relevant constituency (d) person who has not yet been discharged as an insolvent; designated for the said regular term. (e) person prohibited by Election Law; (c) The Commission shall designate the constituencies for the next (f) foreigner or person who has assumed foreign citizenship. term at least 60 days in advance prior to the expiry of the term of the Hluttaw. Chapter V Persons Eligible to Stand for Election and Persons not Chapter IV Eligible to Subsist Eligible Voters 8. Citizens possessing the following qualifications shall be eligible to stand 6. Persons possessing the following qualifications shall be eligible to vote for election irrespective of sex and religion: at the election irrespective of sex and religion: (a) at the time of filing the nomination paper for the purpose of election: Law before or after the Constitution comes into operation and the period designated by the authority for him has not expired; (i) person who has completed the age of 25 years and who does not contravene the provisions of this Law; (c) person adjudged to be of unsound mind as provided in the (ii) person who has resided in the Union of Myanmar at least relevant law; ten consecutive years up to the time of his election as (d) person who has not been discharged from being an insolvent as Hluttaw representative; declared by the relevant court; Proviso: The official period of stay in a foreign country (e) citizen who was born of parents, both or one of whom was not with the permission of the State shall be citizen at the time of his birth; counted as a residing period in the State; (f) person who owes allegiance to a foreign government or person (iii) person included in the voting roll; under the influence of a foreign government or subject of a foreign government or a citizen of a foreign country; (b) citizen who was born of parents who are citizens; (g) person who is entitled to enjoy the rights and privileges of a (c) person who possesses qualifications prescribed in this Law. subject of a foreign government or a citizen of a foreign country; 9. A person having the right to stand for election is eligible to contest in (h) person who obtains and utilizes directly or indirectly the support the election either individually or representing a political party. of money, land, housing, building, vehicle, property, etc., from 10. The following persons shall not be eligible to stand for election: government or religious organization or any other organization (a) convict; or any individual of a foreign country or is a member of an (b) person not eligible to stand for election as a Hluttaw representative organization which obtains and utilizes the said aids; due to conviction for an offence causing disqualification of (i) person who uses religion for political purpose and utters, Hluttaw representative, or having committed a malpractice delivers speech ,and makes or issues declaration to vote or not relating to election or failing to act in accord with the Election to vote and who encourage and incite such acts or is a member of owned aircraft, trains, vessels and motor vehicles an organization which carries out such acts; and property etc., which have been permitted by the Union to be used under an existing law or as (j) member of a religious order; required by duty, or leased from the Union
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