The Multi-Party Democracy General Election Commission, Pyithu Hluttaw Election Rules, 30 June 1989

The Multi-Party Democracy General Election Commission Rules No. 1/89, 12th Waning

Day of Nayon, 1351 B.E. 30 June 1989

In exercise of the powers conferred by Section 81 of the Pyithu Hluttaw Election Law, the Multi-Party Democracy General Election Commission in order to hold a free and fair election hereby makes the following Rules:-

Chapter I

Title and Definition

1. These Rules shall be called the Pyithu Hluttaw Election Rules.

2. The expressions contained in these Rules shall have the same meanings as are assigned to them under th Pyithu Hluttaw Election Law. In addition thereto the following
expressions shall have the meanings given hereunden-

(a) Election Law means the Pyithu Hluttaw Election Law;

(b) Armed Forces Personnel means a person who is enrolled and is in the service of the Army, Navy and Air Force of the State under the Defence
Services Act, 1959;

(c) Student away from his constituency means a person who is pursuing his studies outside his constituency as a boarder in any school, university, college, institute, vocational training school established by the Government;

(d) Trainee means any person attending and studying in any course which is established by the Government or by organizations under the Government;

(e) Detainee means any person who is arrested and detained for the time being in connection with any offence;

(f) In-patient means any person who is undergoing medical treatment as an in-patient in any hospital run by the Government or by an organization under the Government;

(g) Member of the service personnel team away from constituency means a person who is included in any team consisting of five members or more, wo have left the headquarters of their respective work and who are on the move as a team away from the constituency concerned on an assignment of duty by the Government or by organizations under the Government;

(h) Persons who are abroad with the permission of the Government included the following persons:-

(i) members of Myanmar Embassies and Consulates at different levels, Embassy staff, other persons who are performing duties assigned by the Government at such Embassies and Consulates, their spouses, children and other persons dependent on them;

(ii) members of missions sent abroad by the Government, service personnel and individuals who are abroad on assignment given by the Government, persons who are employed with the approval of the Government at any international organization, any department of a foreign government or any private enterprise, State scholars sent abroad, their spouses, children and other persons dependent on them.

Chapter II
Declaration of Constituencies

3. (a) The Township Zone Sub-commission shall, in turn, declare the extent of the respective constituency prescribed in the Election Law, at least thirty days prior to the holding of the election;

(b) The Commission shall decide and declare not to hold the election in some areas within a Hluttaw constituency where the situation does not permit the holding of election, under Section 42 Sub-section (c) of the Election Law. Such declaration shall, in turn, be made by the Township Zone Sub-commission at least thirty days in advance.

Chapter III
Preparation of Electoral Rolls

4. The electoral roll shall be prepared in Form (1).
The Ward or Village-tract Sub-commission shall prepare the electoral rolls of each constituency, based on facts prepared by the organizations or persons who have been
assigned the duties.

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Chapter IV
Declaration for Election

18. The following dates shall be prescribed and declared by the Election Commission:-

(a) the date of commencement of election;

(b) the last day for filing of nomination papers of Hluttaw candidates for respective constituencies;

(d) the last day for withdrawal of nomination papers of the Hluttaw candidates if so desired.

19. The Township Zone Sub-commission shall announce that those who are desirous of contesting in the election may file nomination papers in Form (5) mentioning the dates prescribed and declared by the Commission under Rule 18. The copies of such announcement shall be notified again in the Townships concerned.

Chapter V
Nomination of Hluttaw Candidates and Appointment of Election Agent

20. (a) Any Hluttaw candidate desirous of contesting the election may file nomination paper for any constituency with the Chairman of the Township Zone Sub-commission concerned or Secretary or Member of the Sub-Commission who are authorised by the Chairman;

(b) In an election, a candidate shall not file nomination paper for the Hluttaw candidature in more than one constituency at a time;

(c) Filing of the nomination shall be made in two copies in Form (6). The aforesaid nomination paper shall be attached with chalan in original stating that ten thousand kyats has been deposited under the account head prescribed by the Commission into the respective Myanmar Economic Bank Branch, as security.

21. (a) Nomination paper for Hluttaw candidate shall be filed on the last day of the prescribed date, or before that date, by the candidate himself or by his election agent mentioned in the nomination paper during office hours;

(b) The Hluttaw candidate shall sign on the nomination paper and it shall be countersigned by a magistrate as to the correctness of the signature of the candidate;

(d) A copy of the nomination paper received shall be collected in respect of each constituency and forwarded to the Commission by a messenger as soon as possible along with Form (10) with remarks.

22. In the nomination paper, there shall be an undertaking that the Hluttaw candidate has appointed as his election agent a person who is qualified to be a candidate in the election. In that undertaking the name and particulars of the election agent shall be mentioned and signed by the Hluttaw candidate. Without such undertaking, no Hluttaw candidate shall be deemed to have filed the nomination in the prescribed manner.

23. The receipt of the nomination paper shall be filled in Form 6 (A) as a proof of receipt of the same and shall be issued to the respective Hluttaw candidate or to his election agent by the authority concerned.

24. Chairman of the Township Zone Sub-commission or any person assigned by him under Rule 20 Sub-rule (a):-

(a) shall write down the serial number on the nomination paper and record and sign the time and date of receipt of the nomination paper;

(b) shall, on receipt of a nomination paper, deliver to the person who files the nomination paper a copy of Form (5) stating the date, the hour and the place for the scrutiny of the nomination paper;

(c) shall affix as soon as possible in a conspicuous place in his office the notice in Form 6 (B), stating the name and particulars of the Hluttaw candidate asstated in the nomination paper and the date, the time and the place, where the nomination paper is to be scrutinized.

25. (a) If the Hluttaw candidate wishes to appoint any person as his election agent, he shall do so in Form (7). The person who has been appointed as an election agent must sign on the appointment letter indicating his consent to the appointment;

(b) Two copies of the appointment letter shall be submitted along with the nomination paper. On one copy of the appointment letters, the Township Zone Sub-commission shall affix its seal on the photo of the election agent and shall deliver it to the person who filed the nomination paper, for the purpose of giving it to election agent;

(c) In the event of the resignation or death or revocation of the election agent the candidate may appoint himself or another person as his election agent.

26. A Hluttaw candidate:-

(a) may appoint a polling booth agent and an assistant who are to act on his behalf at the respective polling booth;

(b) shall, in making appointments under Sub-rule (a), do so in Form (8);

(c) shall forward two copies of the respective appointment letter of the polling booth agent and assistant to the Township Sub-committee concerned at least seven days before the election day.

27. If the appointment of polling booth agent and assistant agent under Rule 26 is approved, the Township Sub-commission concerned shall retain one of the appointment letters and make remarks of recognition on the remaining appointment letter and shall return it to the Hluttaw candidate.

28. On the election day, the appointed polling booth agent and assistant agent shall execute a bond in Form (8), in the presence of the polling booth officer. The appointment letter shall be retained by the polling booth officer.

29. In the event of the resignation or death of the polling booth agent or assistant agent or on the revocation of the appointment by the Hluttaw candidate, some other person may be substituted and appointed as polling booth agent or assistant agent in accordance with Rule 26.

Chapter VI
Scrutiny of Nomination Papers Filed

30. On the day, time and place fixed for scrutiny of nomination papers filed, the following persons are entitled to appear:-

(a) Hluttaw candidates concerned;

(b) election agents concerned;

(d) the persons assigned duties by the Township Zone Sub-commission to assist the Township Zone Sub-commission;

(e) persons entitled to vote and desirous of objecting the Hluttaw candidate.

31. The Township Zone Sub-commission, on finding sufficient evidence in respect of any of the following facts after scrutiny of the nomination papers filed, on the objection by any person mentioned in Rule 30, Sub-rule (a) (b) (c) or (e) producing sufficient evidence under Sub-section (b) of Section 23 of the Election Law or on its own accord may reject the nomination papers: -

(a) the name and the National Registration numbers stated on the nomination paper filed not tallying with the name and the National Registration number stated on the electoral roll concerned;

(b) filing of the nomination paper fraudulently;

(c) Hluttaw candidate not being a person entitled to be elected or not being a person qualified to stand for election under the Election Law;

(d) failure to comply in accordance with the Rules when filing nomination paper or in paying advance deposit money.

32. The Township Zone Sub-commission in investigating the objection, where the objector objects that according to the Election Law the Hluttaw candidate or his election agent is not a person entitled or qualified to stand for election the objector shall furnish concrete evidence that he is not so, failing which the objection shall be dismissed. In the case of an objection being dismissed, where the Hluttaw candidate is qualified to stand for election but his election agent is not under the Election Law, the Hluttaw candidate may again file the name of another election agent in Form (7) or may submit that he himself shall carry on as the election agent.

33. The Township Zone Sub-commission shall not reject the nomination paper, where there is a slight error, deficiency or mistake in the electoral roll or nomination paper, as to the name, the National Registration number or the address but if such description is understood by many as to its true intent. Such error, deficiency or mistake in the electoral roll or nomination paper may be permitted to be corrected.

34. (a) The Township Zone Sub-commission shall open a case-file for each nomination paper or objection preferred. The fact that nomination paper or objection has been allowed or rejected after giving a short account of the reason for allowing or rejecting shall be recorded in the case-file under the signature of the Chairman or the Secretary;

(b) In respect of the scrutiny of nomination papers, all matters shall be completed on the stipulated day. But should there be an objection the Township Zone Sub-commission, to enable the Hluttaw candidate to explain, shall fix a date for explanation on the day after the next. The Township Zone Sub-commission shall examine the objection in a summary manner and pass an order on that day. If it is not completed on that day and if there is sufficient reason, it shall be postponed to the next day and finally completed.

35. (a) The person not satisfied with the order of the Township Zone Sub-commission may appeal to the State or Division Sub-commission within seven days from the date the order is passed;

(b) The Township Zone Sub-commission shall enquire from persons concerned whether they desire to appeal or not on the day the order is passed and their desire shall be recorded in the relevant case-file;

(c) One copy of the order shall be given free of charge as soon as possible to the person submitting that an appeal is to be made;

(d) After the issue of the true copy of the order as such, the Township Zone Sub-commission shall send by messenger the case-file to the State or Division Sub-commission concerned. Two copies of the case-file shall be made and sent to the State and Division Sub-commission. One copy shall be sent to the Commission and the remaining copy shall be kept as office copy in its office.

36. On receipt of the appeal submitted under Rule 35, the State and Division Sub-commission shall scrutinize the case-file and the facts of the appeal submitted by Township Zone Sub-commission and shall pass orders as required within five days of the receipt of the appeal. One copy each shall be sent to the Commission; the Township Zone Sub-commission and the appellant soonest within three days.

Chapter VII
Withdrawal of the Nomination Papers

37. Where the Hluttaw candidate desires to withdraw his nomination paper, he shall, within the period prescribed by the Commission, submit two copies of the withdrawal paper in Form (9) either by himself or by his election agent to the Township Zone Sub-commission. On receipt of the withdrawal papers by the Township Zone Sub-commission, one copy shall be affixed at a place in the office conspicuous to the public.

Chapter VIII
Work to be continued after Scrutiny of the Nomination Papers

38. After scrutiny of the nomination papers and on expiry of the date stipulated for withdrawal of nomination paper, the Township Zone Sub-commission shall prepare the list of the names of the accepted Hluttaw candidates in alphabetical order in Form (10) and shall announce it by affixing the list in the office at a place conspicuous to the public. A copy each shall be sent to the Township Sub-commissions and Ward and Village-tract Sub-commissions and be affixed in those offices at places conspicuous to the public. One copy shall be sent to the Commission in accordance with the provisions of Sub-rule (d) of Rule 21.

39. The Township Zone Sub-commission shall:-

(a) submit to the commission soonest, where there is only one Hluttaw candidate in a constituency who has submitted the nomination paper, to enable it to declare him as a Hluttaw representative;

(b) hold the election among such Hluttaw candidates where more than one candidate submitted the nomination papers in one constituency;

(c) remove, with the approval of the State or Division Sub-commission, such name from the list of Hluttaw candidates where, after the declaration of candidature list and before the holding of the election, the person submitting the nomination paper for Hluttaw candidate loses the right to stand for election or dies;

(d) hold the election among such remaining Hluttaw candidates in conformity with the declared procedure of the election, where more than one candidate remain though the candidates' names are removed under Sub-rule (c) and inform the Commission soonest in order that the one obtaining the highest valid notes at the election be declared a Hluttaw representative;

(e) submit to the Commission soonest to declare the only remaining candidate as a Hluttaw representative on the removal of the candidates under Sub-rule (c).

Chapter IX

Undertakings in Respect of Advance Deposit Money Accompanying the Nomination Paper Filed

40. Where the Hluttaw candidate who has submitted the nomination paper withdraws his nomination paper or has his nomination paper rejected or dies before the commencement of the election the advance deposit money accompanying the nomination paper shall be refunded soonest by the Township Zone Sub-commission to him or his election agent or his legal representative.

41. (a) The advance deposit money of the Hluttaw representative declared elected by the Commission shall be refunded to him or his election agent or his legal representative by an undertaking in accordance with the procedure prescribed in Rule 40;

(b) The Township Zone Sub-commission shall, in respect of the advance deposit money accompanying the nomination paper filed by the Hluttaw candidate who is not elected, shall undertake as follows: -

(i) refund the advance deposit money in accordance with the procedure prescribed in Rule 40 to the Hluttaw candidate or his election agent or his legal representative if the number of votes obtained by him is one eighth or more of the total valid votes;

(ii) the advance deposit money of the remaining Hluttaw candidates other than the Hluttaw representative declared who has obtained less than one eighth of the total valid votes shall be deemed to have been automatically confiscated.

Chapter X
Voting

42. (a) To enable the eligible voters at the Ward or Village-tract to cast their ballots conveniently, the Township Sub-commission may normally allocate a polling booth if the number of eligible

voters is up to five thousand. Necessary changes may be made in the allotment at regions where special circumstances exist provided that the number of polling booths in each Ward or Village-tract shall not exceed the number allocated by the Commission;

(b) Normally only one ballot box may be placed in each polling booth.However, more than one ballot box may be placed as directed by the Commission if there is any difficulty in casting the votes. In addition thereto if there is any difficulty in scrutinizing the voters' list, the polling booth team may be extended for the convenience of the voters in accordance with the direction of the Commission;

(c) The Township Sub-commission shall, for the purpose of supervising the polling booths, give preference to suitable Government school teachers in appointing them as polling booth officers, if available. When such persons are not available, other service personnel may be appointed as polling booth officers. Members of the polling booth team shall be composed of service personnel as far as possible and citizens, associate citizens or naturalized citizens who command the respect of the members of the local community including suitable students who are in the electoral roll within the number prescribed by the Commission;

(d) If a polling booth officer or a member of the polling booth team is unable to be present at the polling booth due to ill health or any unavoidable circumstances, the Ward or Village-tract Sub-commission concerned may assign a member of the polling booth team the duties of the polling booth officer in the absence of such officer. In the absence of a member of the polling booth team, a suitable person may be assigned the duties of the member. Such matters shall be submitted to the Township Sub-commission;

(e) On the day of election, a polling booth shall be kept open for voting from 6 a.m. to 4 p.m. However, if all the eligible voters have cast their votes before 4 p.m. the polling booth may be closed earlier than the prescribed time;

(f) Every eligible voter at the election, except those who cast their votes by advance ballot papers, shall cast their votes in person at the polling booth. Voting by proxy shall not be allowed.

43. The polling booth officer shall before the commencement of the voting, count and record the ballot papers brought by him in the presence of the members of the polling booth team. Then the empty ballot box shall be shown to the members of the polling booth team and the people present at the polling booth including election agents, and it shall be put at a place in the polling booth where it will be visible to the polling booth officer.

44. Each voter shall be issued with a ballot paper endorsed by the polling booth officer.

45. (a) A polling booth officer or a member of the polling booth team to whom duties have been assigned by him shall, before issuing the ballot paper to the voters, make the entries in the counterfoil of the ballot paper, if the name and number in the electoral roll of the eligible voters are found to be correct. Thereafter a ballot paper shall be issued to the eligible voter after taking the signature or the left thumb impression on the counterfoil of the ballot paper. In addition thereto, it shall be indicated as necessary in the electoral roll;

(b) on receiving a ballot paper, the voter shall mark a cross (x) in the circle on the ballot paper directly opposite the name and symbol of the Hluttaw candidate for whom he desires to vote. Thereafter to prevent others from seeing for whom he has voted the ballot paper shall be folded and put into the ballot box. A ballot paper to be put into the ballot box shall not bear any other mark except the endorsement of the polling booth officer and the mark made by the voter in the circle on the ballot paper.

46. (a) If a voter cannot read the names on the ballot paper or is unable to vote as instructed or is blind, any person in the electoral roll who is the father, mother, wife, husband, son, daughter, or brother or sister of the voter shall enter on the ballot paper, as directed by the voter, at the place which has been allotted for secret voting. In the absence of such persons, the polling booth officer shall act on their behalf. Thereafter the voter shall be asked to fold the ballot paper and put the ballot paper himself into the ballot box;

(b) If a voter present at the polling booth is not able to put the ballot paper duly crossed into the ballot box on account of ill health, the polling booth officer shall assist him to enable him to cast the vote.

47. If after any person whose name is entered in the electoral roll has voted, and another person demands a ballot paper in his capacity, he shall have a right to tender voting, after giving the correct answers to questions put by the polling booth officer. For that purpose the polling booth officer shall:-

(a) enter the name and serial number of the voter as contained in the electoral roll in Form (11) being the list of tendered voters and such voter shall be made to sign or give his left thumb impression;

(b) write clearly the expression "tendered vote" at the top of the ballot paper and give it to the voter together with an envelope;

(c) the voter shall put into the envelope the ballot paper being the tendered vote and surrender it to the polling booth officer. Such envelope shall be entrusted with the polling booth officer.

48. Those who are eligible to vote under Section 38 Sub-section (a) (b) or (c) or the Election Law may vote with advance ballot paper.

49. If a Township Sub-commission is of the opinion that free and fair voting cannot be held due to any natural disaster or for security reasons, it may allow voting after having
transferred all or any of the polling booths to such place or places which it deems fit. Such actions shall be immediately reported to the Township Zone Sub-commission by telephone,
cable or other suitable means and its approval sought. Township Zone Sub-commission shall report immediately such action to the Commission for approval.

50. (a) On the day of election, if the voters are unable to vote at a polling booth due to natural disaster or security reasons, the polling booth officer shall declare the postponement of the voting to a date to be announced later. Such postponement shall be intimated immediately to the Township Sub-commission through the Ward or Village-tract Sub-commission concerned;

(b) The polling booth officer shall seal the ballot box if postponement is made during voting. Sealing by the election agents shall also be allowed. Such ballot box shall be taken to the Township Sub-commission accompanied by the election agent or persons able to do so from amongst the assistant agents. On arrival at the Township Sub-commission, the polling booth officer shall open the ballot box and count the votes in the presence of Township Sub-commission and Hluttaw candidates or their election agents and polling
booth agents or assistant agents present at the place. Number of votes counted shall be entered in Form (15) and the correctness of such entries shall be certified by the Hluttaw candidates or their election agents and polling booth agents or assistant agents;

(c) Township Sub-commission concerned shall, when voting is postponed under Sub-rule (a) or (b), report to the Commission the principal reason for such postponement, recommending the date to hold voting, and whether the voting should be continued as such from the stage it is postponed or to hold fresh voting. A copy each shall be forwarded to the Township Zone Sub-commission and State or Division Sub-commission;

(d) The Commission shall, on receipt of such report, give directions to hold voting commencing from the stage it is postponed or to hold fresh voting or not to hold the voting again at the polling booth where the voting is postponed;

(e) Township Sub-commission shall announce the place and date of holding the voting for the polling booth where the voting was postponed under Sub-rule (d) as prescribed by the Commission.

54. If any person acts in an improper manner at the polling booth or disobeys the lawful order of the polling booth officer, he shall be immediately evicted from the polling booth by the order of the polling booth officer or by the order of a member of the polling booth team authorized by the polling booth officer or by a member of the People's Police Force on duty or by security personnel assigned by Ward or Village-tract Sub-commission or by a member of the polling booth team. However, such power shall not be exercised to prevent an eligible voter from voting.

55. (a) If the polling booth officer or a member of the polling booth team finds that a ballot paper has been claimed by impersonation at the election, such impersonator shall not be allowed to vote;

(b) The polling booth officer shall, after noting the name and address of such voter not eligible to vote and after recording in a summary manner the reasons for denying the right to vote, proceed to take action in accordance with the Election Law;

(c) In spite of the fact that there is a slight error, deficiency or mistake in respect of the name and address given in the electoral roll, if there is someone who would guarantee the eligibility to vote of such person, the slight error, deficiency or mistake shall be amended and he shall be allowed to vote. The polling booth officer shall record in a summary manner whenever such amendment is made in Form (19).

56. (a) Any person who has to travel out of his constituency on the day of election shall vote in advance at the Ward or Village-tract Sub-commission, with an advance ballot paper;

(b) If there are persons in the constituency who are unable to come to the polling booth to vote in person on the day of election due to having contracted leprosy, being seriously ill, being of old age and giving birth at home, the Ward or Village-tract Sub-commission shall, prior to the election date, send two of its members to the voters concerned and explain their right to vote and their right not to vote. If the voter concerned expresses desire to vote, arrangements shall be made for voting with advance ballot paper. If such eligible voter has any difficulty in making the entries on the advance ballot paper personally, any person on the electoral roll, who is the father, mother, wife, husband, son, daughter or brother or sister of the voter shall make entries on the ballot paper as desired by and in the presence of the voter. In the absence of such persons, any member of the Sub-commission shall make the entries in the presence of and as directed by the voter. Regarding persons in custody the Ward or Village-tract Sub-commission shall contact the officer-in-charge of the Police lock-up or detention centres concerned and make arrangements for the detainees to enable them to vote. The officer-in-charge of the Police lock-up or detention centre abiding by the provisions of Rule 66 Sub-rule (b) clause (2), [not reproduced] shall return the envelopes containing the ballot paper cast by such detainees to the Ward or Village-tract Sub-commission concerned. Regarding the in-patients at the hospital, the Ward or Village-tract Sub-commission shall contact the Medical Superintendent of the hospital. The Medical Superintendent shall, in compliance with the provisions of Rule 66 Sub-rule (c), [not reproduced] return to the Ward or Village-tract Sub-commission the envelopes containing the ballot papers cast by the in-patients at the hospital. Officer-in-charge of the Police lock-up or detention centre or the Medical Superintendent of the hospital shall at first explain to the voters under this Sub-rule their right to vote and their right not to vote. When voters concerned give their consent to vote, arrangements shall be made to vote with advance ballot paper;

(c) If, on the day of election, the service personnel or Armed Forces personnel or members of the Police Force who have to be away on duty from the area in which they have their electoral rolls and desire to vote in advance, the Ward or Village-tract Sub-Commission shall arrange to enable them to vote with advance ballot papers;

(d) The Ward or Village-tract Sub-commission shall note down the list of the names of those who have thus voted in advance against the electoral rolls concerned. The envelopes containing such advance ballot papers already cast and the counterfoils shall be sent to the respective polling booth officers before the opening of the polling booth on election day together with Form (14) in duplicate signed by the Chairman or the Secretary of the Ward or Village-tract Sub-commission. The polling booth officer shall retain a copy and forward the remaining copy to the Ward or Village-tract Sub-commission after signing in such Form (14);

(e) The polling booth officer concerned shall record in the electoral rolls concerned the names of those who have voted with advance ballot papers.

57. The polling booth officers shall close the polling booth when the time prescribed for voting is over. However, the polling booth officer shall enquire, before the closing of the polling booth, whether there are persons present at his polling booth who have not yet voted and if there are such persons a list shall be prepared and they shall be allowed to vote even if the time for voting is over.

58. (a) Before issuing ballot paper to a person who has come to cast vote and whose credibility is in doubt, the polling booth officer or a member of the polling booth team or a Hluttaw candidate or his election agent or his polling booth agent or his assistant agent if he so desires shall ask the following questions only:-

(i) whether he is included in the electoral roll or not;
(ii) whether a vote has been cast at such constituency in the present election or at any other constituency;

(b) (i) if the person questioned does not answer, no ballot paper shall be issued to him;

(ii) if he answers that his name is included in the electoral roll and has not yet voted, a ballot paper shall be issued.

59.

(a) If the Hluttaw candidate or his election agent or a person whom the polling booth officer deems fit declares openly and undertakes to furnish clear proof that a person who claims a ballot paper has committed the offence of impersonation the polling booth officer shall enter the name, National Registration number and address of that person in Form (20) which is a list of voters under objection and cause him to sign it. In the case of an illiterate he shall cause him to give left thumb impression failing which such person shall not be allowed to vote;

(b) If answer is given to the questions put in accordance with Rule 58 Sub-rule (a), that person shall be allowed to vote after explaining to him that casting a vote by impersonation is liable to punishment;

(c) The polling booth officer shall, whether voting is allowed or not, record the matters and his decision in Form (20), the list of voters under objection.

Chapter XI

Voting with Advance Ballot Paper by Persons who are away from the Constituency

60. The following persons who are entitled to vote and who are away from the constituency concerned have the right to vote with advance ballot paper in advance for the constituencies concerned :-

(a) Armed Forces personnel;

(b) students;

(d) detainees;

(e) in-patients;

(f) service personnel;

(g) persons who are abroad with the permission of the Government.

61. The Commission and Sub-Commissions concerned shall take measures so that persons who are in the country but away from the constituencies concerned and persons who are abroad with the permission of the Government may exercise full right to vote in an election in accordance with the Election Law, Rules and Directives.

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Chapter XII

Counting of Votes and Declaration of Election Results

71. On election day immediately after the ballot papers are cast the polling booth officer or a member of the polling booth team assigned by him shall count in the polling booth the ballot papers and advance ballot papers received under Rule 56 Sub-rule (d) in the presence of the members of the polling booth team, the public and the polling booth agents. After completion of the counting, lists shall be prepared as directed by the Commission.

72. In connection with the counting of ballot papers, the polling booth officer shall carry out as follows: -

a) shall check whether the number of ballot papers issued and the ballot papers in the ballot box tally:

(b) in counting the votes tendered votes shall not be counted. They shall also not be considered when deciding as to who has been elected.

(i) a ballot paper that does not bear the mark prescribed by the Commission;

(ii) a ballot paper that does not bear the signature of the polling booth officer;

             (iii)      a ballot paper which has been cast for more than one Hluttaw candidate;
(iv)      a ballot paper that does not show for whom one has voted;
(v)       a ballot paper on which voting is uncertain and indistinct;
(vi)      a ballot paper that has been decided by the polling booth officer as fraudulent;
(vii)     a ballot paper which has been marked to make the identity of the voter known;
(viii)    a ballot paper that has been torn;

(d) The following advance ballot papers shall be rejected:-

(i)        an advance ballot paper that does not bear the mark prescribed by the Commission;
(ii)       an advance ballot paper that does not bear the seal of the Sub-commission;
(iii)     an advance ballot paper that does not bear the signature of the responsible person who issues it;
(iv)      an advance ballot paper that has been cast for more than one Hluttaw candidate;
(v)       an advance ballot paper that does not show for whom one has voted;
(vi)      an advance ballot paper on which voting is uncertain and indistinct;
(vii)     an advance ballot paper that has been decided by the Township Sub-commission or polling booth officer as fraudulent;
(viii)    an advance ballot paper which has been marked to make the identity of the voter known;
(ix)      an advance ballot paper that has been torn.

(e) The ballot papers collected from the ballot box and advance ballot papers received under Rule 56 Sub-rule (d) shall be separated according to the name of each Hluttaw candidate and the number of votes each candidate received shall be filled in three copies in Form (15). These Forms shall be verified and signed by the polling booth officers, members of the polling booth team and polling booth agents and one copy of the Form shall be sent to the Township Sub-commission and a remaining copy to the Ward or Village-tract Sub-commission. A copy shall be kept by the polling booth officer;

(f) The polling booth officer shall give the Hluttaw candidate or polling booth agents or assistant agents present at the time of counting of votes the opportunity to check the rejected ballot papers and advance ballot papers. The reason for rejection shall be recorded in the prescribed Form (13) duly signed by the polling booth officer;

(g), After counting the ballot paper from the ballot box and advance ballot papers received under Rule 56 Sub-rule (d) the polling booth officer shall put the ballot papers and the advance ballot papers received by the respective Hluttaw candidate into the envelopes and have them securely closed and sealed. An opportunity shall also be given to the polling booth agent or assistant agent of that polling booth to seal them. On each and every envelope the name of Hluttaw candidate, constituency, Ward or Village-tract and the polling booth number shall be written distinctly and thereafter shall be put into one packet;

(h) At time of closing the polling booth, the polling booth officer shall pack the following separately and shall seal them. The contents of the packet, the name of the Ward or Village-tract and the number of polling booth shall be written. If they so desire the polling booth agent and the assistant agent of the Hluttaw candidate shall also be given an opportunity to seal them. Thereafter these packets shall be made into a bundle:-

(i) unused ballot papers and counterfoils;
(ii) the list of persons who have cast tendered votes;

(iii) the electoral roll used in the polling booth;

(iv) counterfoils of the advance ballot papers;

(v) Form (13) for rejected votes;

(i) The packets mentioned in Sub-rule (g) and (h) shall be put into one big bag and sealed by the polling booth officer. Should they so desire the polling booth agents and the assistant agents shall be given an opportunity to seal. This big bag shall be sent to the Township Sub-commission together with Form (15). On that bag, the polling booth number and the name of Ward or Village-tract are to be mentioned;

(j) The polling booth officer shall send the big bag mentioned in Sub-rule (i) to the Township Sub-commission immediately. If he is unable to send it due to natural disaster or security reasons he shall keep it in the custody of the Ward or Village-tract Sub-commission. The Ward or Village-tract Sub-commission shall send the bag and Form (15) to the Township Sub-commission accompanied by the polling booth officer as soon as possible.

73. (a) The Township Sub-commission shall count the advance ballot papers received in the presence of Township Sub-commission members, Hluttaw candidate or his election agents and the public and enter the number of votes each candidate has obtained in Form 14 (A);

(b) The Township Sub-commission shall combine the votes received by each Hluttaw candidate as entered in Form (15) and the advance ballot papers received by each Hluttaw candidate as entered in Form 14 (A) by the respective polling booth officer of each constituency and compile a list in Form (16) of the number of votes received by each Hluttaw candidate, according to the declared serial order, in the presence of the public. The list shall be sent to the Township Zone Sub-commission and one copy shall be retained as office copy. Where there is a tie of highest votes, whether fresh election should be held or not shall be submitted to the Township Zone Sub-commission.

74. (a) The Township Sub-commission shall collect Form (16) prepared and sent by the Township Zone Sub-commissions and send them together with Form (17) for each constituency duly filled in and signed, to the Commission soonest;

(b) The Township Zone Sub-commission shall report to the Commission soonest with its remarks as to whether fresh election should be held or not, on the submission by the Township Sub-commissions in Form (16) that there is a tie of highest votes in a constituency. A copy shall be sent to the State or Division Sub-commission;

(c) The Commission shall give its decision whether to hold fresh election or whether to suspend it after scrutinizing if an appeal against the submission of the Township Zone Sub-commission under Sub-rule (b) has been filed and calling for and scrutinizing other necessary facts.

75. The Hluttaw candidate who has obtained the highest number of valid votes as per Form (16) under Rule 73 Sub-rule (b) shall be declared by the Commission as the duly elected Hluttaw representative.

76. Whether a ballot paper or advance ballot paper is valid or not shall be determined by the following person or organization:-

(a) the polling booth officer in the case of ballot paper and advance ballot paper being counted in a polling booth;

(b) the Township Sub-commission in the case of the advance ballot paper being counted at the Township Sub-commission.

Chapter XIII
Election Agents and Expenses

77. Only those who are qualified to be elected as a Hluttaw candidate shall be appointed as election agents.

78. An election agent shall keep account books systematically and enter the following correctly :-

(a) the expenditure for the election;

(b) the contributions made in cash by individuals or Party organization for the election expenses of a Hluttaw candidate;

79. A Hluttaw candidate shall not spend more than seventy-five thousand kyats as election expenses. Neither shall permission be granted.

80. (a) In an election a Hluttaw candidate or his election agent shall not appoint any one with remuneration to render help in his election matters, other than those mentioned below and also shall not appoint more than the number permitted :-

(b) The Township Zone Sub-commission or where there is no such Sub-commission, the person assigned by the Government for this purpose shall send to the person concerned by registered post a copy of the return mentioned in Sub-rule (a);

(c) The fact that he will be determined as disqualified person if the return of election expenses is not submitted within one month after the expiry of the date prescribed shall be mentioned in the copy sent under Sub-rule (b).

86. The Hluttaw candidate concerned or his election agent immediately on receipt of such a copy shall apply to the Commission or where there is no Commission to a person assigned by the Government for this purpose, stating the following:

(a) that there is no default on his part; that the matter of disqualification be kept pending for more than a month if he so desires;

(b) that the record of disqualification be cancelled, if he so desires.

87. The Commission or where there is no Commission the person assigned by the Government for this purpose, may allow or reject the application under Rule 86 Sub-rule (b) or (c) at its discretion.

88. (a) The Commission or where there is no Commission, the person assigned by the Government for this purpose, shall, one month after the expiry date for submission of the return of election expenses, or after the expiry of the period kept pending in the matter of disqualification if it was kept pending for more than one month, decide whether or not the Hluttaw candidate has failed to submit the return of election expenses in the prescribed manner;

(b) In so deciding, the report of the Township Zone Sub-commission or where there is no such Sub-commission the person assigned by the Government for this purpose, together with the particulars in the application under Rule 86, if there is an application, shall be taken into consideration;

(c) Should a person fail to submit the return of election expenses, even though he may be a Hluttaw candidate who has lost in the election, it shall be decided that he and his election agent are disqualified persons. Before such a decision is made the right to defend shall be given to the person concerned;

(d) If the person who has failed to submit the return of election expenses happened to be an elected Hluttaw candidate, the Township Zone Sub-commission or where there is no such Sub-commission the person assigned
by the Government for this purpose shall submit a report to the Commission or where there is no Commission, to the person assigned by the Government for this purpose. To decide whether the elected person is a disqualified person or not, a report shall be made to the Election Tribunal. During the pendency of the decision the Commission or where there is no Commission the person assigned by the Government for this purpose shall await the decision of the Election Tribunal without passing any orders.

89. The Commission, or where there is no Commission the person assigned by the Government for this purpose shall publish in the Government Gazette or in any other way, the names of Hluttaw representatives who have been decided as disqualified, the candidates who have lost in the election and their election agents. The Township Zone Sub-commission shall also note that they were disqualified against their names in the electoral roll.

90. (a) The Township Zone Sub-commission or where there is no such Sub-commission the person assigned by the Government for this purpose shall, as directed by the Commission or where there is no Commission by the person assigned by the Government for this purpose, prepare a memorandum for each of the constituencies comprising the following points:-

(i) the names of Hluttaw candidates;

(ii) the names of election agents of the respective Hluttaw candidates;

(iii) the date of holding the election;

(iv) the names of constituencies where the election was held;
(v) the date prescribed for submission of the return of election expenses and the date of actual submission to the Township Zone Sub-commission or where there is no such Sub-commission the person appointed by the Government for this purpose;
(vi) whether the Hluttaw representatives have submitted the return of election expenses in the prescribed manner or not;

(b) Any person on payment of the fee of one hundred kyats has the right to inspect the memorandum. A true copy of a memorandum concerning a Hluttaw candidate may be obtained on payment of the fee of one hundred and fifty kyats per page or part thereof.

91. The election memoranda, lists of votes, returns of expenses of the Hluttaw candidate and other papers shall be transferred by the Township Zone Sub-commission to the Head of Township Zone General Administration Department as soon as possible. The Head of the Township Zone General Administration Department shall keep the above in his custody for five years from the date of the conclusion of the election so that they shall not get lost or destroyed.

Chapter XIV
Presentation of Election Petitions

92. If a person mentioned in Section 64 Sub-section (a) [not reproduced] of the Election Law wishes to present petition against an elected Hluttaw representative, he shall do so to the person appointed by the Government for this purpose within sixty days from the date on which the Commission declares the result.

93. A person mentioned in Section 64 Sub-section (a) [not reproduced] may present petition against an elected Hluttaw representative either personally or by an agent authorized in writing by such person.

94. (a) The petitioner may present a petition on any ground he likes except on matters already decided by the Commission under Section 45 of the Election Law;

(b) The petition shall contain a statement in concise form of the material facts on which the petitioner relies and shall, where necessary, be divided into paragraphs numbered consecutively. It shall be signed by the petitioner and verified in the manner prescribed for the verification of pleadings in the Code of Civil Procedure;

(c) The petition shall be accompanied by a list containing full particular of any corrupt practice which the petitioners alleges, the names of parties alleged to have committed any corrupt practice and the date and place of the commission of each such practice. Such list shall be duly verified as prescribed in Sub-rule (b);

(d) The Election Tribunal may at any time allow the particulars included in the said list to be amended or such further and better particulars in regard to any matter referred to therein to be furnished as may in its opinion be necessary for the purpose of ensuring a fair trial of the petition.

95. If a petitioner claims a declaration that he himself has been duly elected, he shall join as respondents to his petition all other candidates who contested at the election.

96. Every petitioner shall deposit a sum of ten thousand kyats in the prescribed manner as security for the litigation costs. If there are more than one petitioner, each and every petitioner shall deposit ten thousand kyats.

97. No action will be taken where the petition is not attached with a receipt for payment of litigation costs prescribed under Rule 96.

98. The person appointed by the Government under Rule 92 shall transfer the properly presented petition to the Election Tribunal formed under Section 65 Sub-section (a) of the Election Law.

99. The Election Tribunal shall, as soon as possible, cause a copy of the petition to be served on each respondent and to be published in the Government Gazette. Within fifteen days after such publication, if any respondent or a voter who is entitled to present petition having joined as co-respondent wishes to claim any right in connection with the election he may claim such right on payment of ten thousand kyats as litigation costs in the prescribed
manner and he shall also be entitled to produce evidence in connection with such right.

100. Subject to the provisions of these Rules the Election Tribunal shall inquire into the petition in accordance with the procedure applicable under the Code of Civil Procedure to the trial of suit. Provided that the Election Tribunal shall make a memorandum of the substance of the evidence of any witness examined by it.

101. The Election Tribunal shall fix the place for holding enquiry of the petitions after consultation with the Government. It may sit and enquire at any other place within the Union of Myanmar for any part of the enquiry. Besides if it is necessary to examine a witness at another locality, any member of the Election Tribunal may be deputed to take evidence.

102. (a) An election petition may be withdrawn only by leave of the Election Tribunal. In case an application is made for the withdrawal of the election petition before Tribunal is formed, such withdrawal may be made by leave of the person assigned by the Government for this purpose;

(b) If there are more petitioners in a petition than one the petition may be withdrawn only by the leave of all petitioners;

(c) When an application for withdrawal is submitted to the Election Tribunal, the date for hearing the application shall be fixed and, notice thereof shall be given to all other parties to the petition and shall be published in the Government Gazette;

(d) No application for withdrawal shall be granted if, in the opinion of the Election Tribunal or where the Election Tribunal has not yet been formed the person assigned by the Government for this purpose, such application has been made by improper inducement or by any bargain which ought not to be allowed;

(d) If the application for withdrawal is granted: -

(i) the petitioner shall, where the application has been made to the Election Tribunal and is duly granted by it, be ordered to pay the costs of the respondent theretofore incurred or such portion thereof as the Election Tribunal may deem fit;
(ii) notice of the withdrawal shall be published in the Government Gazette by the Election Tribunal or where the Election Tribunal has not been formed, the person assigned by the Government for this purpose;
(iii) any person entitled to present petition may, within fifteen days of such publication, apply to be substituted as petitioner in place of the party withdrawing. Upon compliance with the conditions of Rule 96 as to payment of litigation costs, he shall be entitled to be so substituted and to continue the proceedings upon such terms as the Election Tribunal may deem fit.

103. (a) Where there is only one petitioner in a petition, the petition shall abate on the death of the sole petitioner or where there are more than one petitioner in the petition, on the death of all the petitioners;

(b) Notice of the abatement of an election petition shall be published in the Government Gazette by the Election Tribunal or, if the petition abates before the Election Tribunal has been formed, by the person appointed by the Government for this purpose;

(c) Any person entitled to present petition may, within fifteen days of such publication, apply to be substituted as petitioner. Upon compliance with the conditions of Rule 96 as to payment of litigation costs, he shall be entitled to be so substituted and to continue the proceedings upon such terms as the Election Tribunal may deem fit.

104. If, before the conclusion of the trial of the election petition, the respondent dies or gives notice that he has no desire to oppose the petition, in case the petitioner claims that only he be declared elected, the Election Tribunal shall cause notice of such event to be published in the Government Gazette, and thereupon any person entitled and qualified to present petition may, within fifteen days of such publication, apply to be substituted for
such respondent to oppose the petition. Upon compliance with conditions of Rule 96 as to payment of litigation costs, he shall be entitled to be so substituted and to continue the proceedings upon such terms as the Election Tribunal may deem fit.

Chapter XV
Miscellaneous

105. If a certain date is fixed as the last date for any matter to be performed under these Rules and if that date coincides with a public holiday such matters may be performed on the day the office reopens.

106. Ballot paper, advance ballot paper and symbols on the ballot paper shall be « prescribed by the Commission.

Sd. Ba Htay Chairman

Multi-Party Democracy General Election Commission

[Source: Democracy and Politics in Burma, Marc Weller (Ed) , NCGUB 1993]