Mauritius
Representation of the People Act
Act 14 of 1958
- Commenced on 16 August 1958
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary
1. Short title
This Act may be cited as the Representation of the People Act.2. Interpretation
In this Act—"candidate" means a person who is nominated as a candidate for election;"city" has the same meaning as in the Local Government Act;"Commission" means the Electoral Supervisory Commission appointed under section 38 (2) of the Constitution;"constituency" means a constituency established under section 39 of the Constitution;"constituency register" means a register compiled under section 7 (1);"council" means the Assembly, the Rodrigues Regional Assembly, a Municipal City Council, a Municipal Town Council or a Village Council;"Court" means the Supreme Court;"directing clerk" means an election officer appointed for the purpose of assisting the returning officer in maintaining order at a polling station;"election" means an election for the purpose of electing a member of a council;"election expenses" means expenses incurred by a candidate, whether before, during or after an election, on account or in respect of his candidature and the conduct or management of the election;"election officer" includes a returning officer, presiding officer, clerk, or other person having a duty to perform under this Act;"electoral area" means a constituency or a local government area;"Electoral Commissioner" means the person appointed as Electoral Commissioner under section 40 of the Constitution;"electors' list" means the list prepared under section 9 (1) (b);"International Election Observer" means a person who is a member of a mission deployed to Mauritius by an international or regional organisation for the purposes of observing the conduct of an election process in Mauritius;"local government area" means a ward or a village or a local region of Rodrigues as defined in the Rodrigues Regional Assembly Act;"local government election" means the election of members of a Municipal City Council, a Municipal Town Council or a Village Council;"local government elector" means a person registered as an elector under section 8 (1);"member" means a member of the council concerned;"Municipal City Council" has the same meaning as in the Local Government Act;"Municipal Town Council" has the same meaning as in the Local Government Act;"office", in sections 45 (1) (c) and 51 (2) (c), means—(a)an office, appointment to which is made under section 32, 59, 66, 69 or 73 of the Constitution; or(b)an office of member of a local authority;"party" means a political party registered as such under paragraph 2 (1) of the First Schedule to the Constitution;"poll clerk" means a person appointed to assist a presiding officer at the taking of a poll;"polling agent" means a person appointed by a candidate in the prescribed manner for the purpose of detecting personation;"public notice" means a notice published in the Gazette, in a newspaper, in electronic form or through any other technological means or in such other manner as the Commission or Electoral Commissioner may determine;"qualification" means the qualification of a candidate for election to a council or of an elector, as the case may be;"register" means the register of electors for an electoral area;"Rodrigues Regional Assembly elector" means a person registered as an elector in any of the local regions established under the provisions of the Rodrigues Regional Assembly Act;"service elector" means a person who, on the date prescribed under section 4A (1)—(a)(i)holds the office of Ambassador, High Commissioner or other Permanent Representative of Mauritius; or(ii)is a public officer required to perform duties on behalf of the Government under a person specified in subparagraph (i), who is absent from Mauritius for the purpose of taking up his office or performing his duties; or(b)is a member of the family of a person specified in paragraph (a) and forms part of his household;"town" has the same meaning as in the Local Government Act 2011;"village" has the same meaning as in the Local Government Act;"village council election" means the election of members of a village council;"ward" means an electoral ward under section 11 of the Local Government Act 2011.[S. 2 amended by s. 76 (a) of Act 39 of 2001 w.e.f. 18 January 2002; s. 146 (8) (a) of Act 32 of 2003 w.e.f. 1 December 2003; s. 3 of Act 6 of 2005 w.e.f. 8 April 2005; s. 7 (a) of Act 23 of 2005 w.e.f. 18 August 2005; s. 165 (16) (a) of Act 36 of 2011 w.e.f. 15 December 2011; s. 44 (a) of Act 18 of 2016 w.e.f. 7 September 2016.]2A. Local government elections
The Commission shall have general responsibility for, and shall supervise, the registration of electors for local government areas and the conduct of elections of members of local authorities.2B. Rodrigues Regional Assembly election
The Commission shall have general responsibility for, and shall supervise, the registration of electors for local region areas in Rodrigues and the conduct of election of members of the Rodrigues Regional Assembly.[S. 2B inserted by s. 76 (b) of Act 39 of 2001 w.e.f. 18 January 2002.]3. Electoral Commissioner and his deputy
Part II – Registration of electors
4. Compilation of registers
4A. Residence qualification
5. Registration officers
6. Registration office
6A. Registration areas
7. Registers for constituencies
8. Registers for local government areas
8A. Form of register
9. Preparation of electors' list
9A. Form of electors' list
10. Claims
11. Publication of list of claimants
The registration officer shall publish the list of claimants not later than 10 June in every year.[S. 11 amended by GN 10 of 1996.]12. Objections
13. Deposit by objector
14. Notice of objections
15. Publication of objections to lists
The registration officer shall, not later than 24 May, publish a list of the names of persons included in the electors' list in respect of whose registration notice of objection has been given.[S. 15 amended by GN 10 of 1996.]16. Publication of objections to claims
The registration officer shall, not later than 20 June, publish a list of the names of persons included in the list of claimants in respect of whose registration notice of objection has been given.[S. 16 amended by GN 10 of 1996.]17. Consideration of objections
18. Consideration of claims
19. Supplemental powers
Where, on consideration of any claim or objection, it appears to the registration officer that the claimant, or person in respect of whose registration objection is taken, is not entitled to be entered on the register under the qualification in which he claims to be registered or in which he is entered on the list, but is entitled to be entered on the register under another qualification, the registration officer may decide that the name of that claimant or person shall be entered accordingly.20. Correction of lists
The registration officer shall make such additions to and corrections of the electors' list and the list of claimants as are required to give effect to his decision on any objection or claim, and shall also make any such correction in those lists, whether by way of the removal of duplicate entries (subject to any expression of choice by the persons affected as to those entries), the expunging of the names of persons who are dead or subject to any legal incapacity, the correction of clerical errors or otherwise, in order to ensure that no person is registered as an elector in respect of more than one qualification in the same electoral area and that the list will be complete and accurate as a register.21. Objections to corrections
Where the registration officer makes a correction in the electors' list or in the list of claimants, otherwise than in pursuance of a claim or objection, or for the purpose of correcting a clerical error, he shall give notice to the person affected by the correction, and give that person an opportunity of objecting to the correction, and, if necessary, of being heard with respect to the correction.22. Additional officers
23. List of deaths
24. Compilation of lists into register
25. Publication of registers
26. Where fresh registers not prepared
Where the Electoral Commissioner or the registration officer, as the case may be, fails to prepare a fresh register in accordance with this Act, the register in force at the time when the fresh register should have been prepared shall continue to operate until the fresh register has been prepared and published in accordance with section 25.27. Publication of documents
28. Supply of forms
The registration officer shall, without fee, on the application of any person, supply forms of claims and notices of objection.29. Supply of copies
The registration officer shall, on the application of any person, allow him to inspect, and take extracts from, or, on payment of the prescribed fee, supply to him copies of the electors' list, the list of claimants and of any claim or notice of objection made under this Part.30. Mode of sending notices
31. Duty to give information
32. Duty of public officers and local bodies
All public officers (other than those who are prohibited by law from furnishing information) and all local authorities shall furnish to the registration officer or any person appointed by the registration officer any information which the registration officer may require to enable him to revise the register.33. Hearing of claims and objections
On the consideration by the registration officer of any claim or objection or other matter, the claimant, the objector or person objected to may appear and be heard either in person or by Counsel or attorney on his behalf.34. Power to require evidence on oath
The registration officer may, at the request of a person interested or, if he thinks fit, without such a request, on the consideration of any claim or objection or other matter, make such order as he thinks just for ascertaining if a person is duly qualified for registration as an elector and may, for that purpose, examine that person or other witnesses on oath or affirmation, call for the production of books and other papers or documents, and make local inspections.35. Misnomer or inaccurate description
No misnomer or inaccurate description of a person or place on a list, register or notice shall prejudice the operation of this Act as respects that person or place where the person or place is so designated as to be commonly understood.36. Appeals
36A. Omissions in register
37. Rules of Court
38. Expenses of registration
Expenses properly incurred by a registration officer in the performance of his duties in relation to registration shall be paid to the registration officer from the Consolidated Fund.39. Variation of dates
Part III – Elections
40. Vacancies in Assembly
Where the seat of a member of the Assembly becomes vacant otherwise than by a dissolution of Parliament under section 57 of the Constitution, the Speaker or, where the office of Speaker is vacant or he is for any reason unable to perform the functions of his office, the Deputy Speaker, shall give written notice—41. Writs for election of new Parliament
42. Writ where election declared invalid
43. Multiple candidature unlawful
No person shall stand as a candidate for election to the Assembly—44. Regulations for conduct of elections
Elections to a council shall be conducted in such manner as may be prescribed.[S. 44 amended by Act 60 of 1985, Act 24 of 1988.]45. Election petition and security for costs
46. Trial of election petition
47. Rules of Court
Subject to this Act, rules as to the practice and procedure for the service and hearing of election petitions or any connected matters and as to the practice and procedure in respect of any application made to the Court under regulations made for the conduct of elections to the Assembly may be made in like manner as rules under the Courts Act.48. Non-compliance with Act
Subject to provisions in respect of Assembly elections, no election shall be invalid by reason of non-compliance with this Act or any other enactment, where it appears that the election was conducted in accordance with the principles laid down in any other enactment and that such non-compliance did not affect the result of the election.48A. Appeal
An appeal shall lie to the Judicial Committee as of right from a decision of the Court under section 45, on an election petition complaining of an undue return or undue election of a member to serve in the Assembly.[S. 48A amended by Act 48 of 1991.]Part IV – Election expenses
49. Election agents and sub-agents
50. Contracts and payment of expenses
51. Authorised amount of election expenditure
52. Who may incur election expenditure
No expenditure shall be incurred in respect of the candidature of a person at an election except by the candidate, his agent or a person authorised in writing by the agent.53. Expenditure incurred by candidate
54. Expenditure by authorised person
No expenditure shall be incurred, in respect of the candidature of a candidate at an election, by a person authorised in writing by the agent of the candidate, in excess of the amount specified in the authorisation.55. Consequences of unauthorised expenditure
56. Return by election agent
57. Claim and payment for election expenses
Part V – Election offences
58. Illegal payment
Any person who knowingly provides money for a payment which is contrary to this Act shall be guilty of illegal payment.59. Corrupt withdrawal of candidature
60. ***
61. Illegal hiring
62. ***
63. Penalty for illegal payment or hiring
64. Bribery and treating
65. Undue influence
66. Penalty for offences against sections 64 and 65
Every person who is guilty of bribery, treating or undue influence under this Act, shall be liable, on conviction, to a fine not exceeding 2,000 rupees and to imprisonment for a term not exceeding one year.67. Personation
Every person who—68. Penalty for personation
Any person who is guilty of personation, shall, on conviction, be liable to imprisonment for a term not exceeding 2 years.69. Disqualification on conviction
Every person who is convicted of bribery, treating, undue influence or personation, shall, without prejudice to any other punishment, be incapable, during a period of 7 years from the date of his conviction, of—70. Illegal practice
Any person who—71. Offences in respect of ballot boxes
72. Duty of secrecy
72A. Preservation of order
73. Offences by election officers
Every election officer who—74. Consequences of illegal practice
74A. Powers of Court
Where, in the course of proceedings in relation to an election petition or to a prosecution for an offence under this Act, it is not established that an act or omission which would, but for this section, be an offence of illegal practice under Part IV or V of this Act, did not arise from inadvertence or any other reasonable cause or did arise from want of good faith, the Court shall not find the act or omission to be a breach of Part IV or V relating to an illegal practice, and no person shall be subject to any of the consequences that might otherwise follow from the act or omission.[S. 74A inserted by Act 15 of 1992.]74B. Granting of relief by Supreme Court
Part VI – General
75. Conclusiveness of register of electors
76. Returning officer presiding at polling station
Where the returning officer presides at a polling station, the provisions of this Act relating to a presiding officer shall apply to such returning officer with the necessary modifications as to things to be done by the returning officer to the presiding officer, or the presiding officer to the returning officer.77. International Election Observers
78. Clerk may act for presiding officer
79. Candidates may act in person
A candidate may himself undertake the duties which his agent, if appointed, might have undertaken, or may assist his agent in the performance of such duties and may be present at any place at which his agent may attend under this Act.80. Expenses of returning officer
All expenses properly incurred by a returning officer at an election in accordance with this Act shall be paid out of the Consolidated Fund.81. Payment of expenses by local bodies
Any expenses properly incurred in connection with the preparation of the register and the holding of a local government election under this Act, with regard to a city, town or village, shall be reimbursed to the Government by the council of the city, town or village, as the case may be, in such proportion and within such time as may be determined by the President after such representations as may be made in that behalf by the council concerned.[S. 81 amended by Act 48 of 1991; s. 146(8)(d) of Act 32 of 2003; s. 7(d) of Act 23 of 2005 w.e.f. 18 August 2005; s. 165(16) (f) of Act 36 of 2011 w.e.f. 15 December 2011.]82. Allowances to members of Commission
The Chairperson and members of the Commission and of the Electoral Boundaries Commission shall receive such allowances as may be specified by Order made by the President and approved by the Assembly.[S. 82 amended by Act 48 of 1991.]83. Exemption from stamp and registration duties
Stamp and registration duties shall not be chargeable on any claim, notice, declaration, list, register, nomination paper, ballot paper or other document used in connection with this Act.84. Removal of difficulties
Where a difficulty arises in bringing this Act into operation or in giving effect to the purposes of this Act, the President, acting on the advice of the Prime Minister and after consultation with the Leader of the Opposition, may by regulations make such provision as seems to him necessary or expedient for the purpose of removing the difficulty and may by such regulations amend this Act.[S. 84 amended by Act 48 of 1991.]85. Regulations
History of this document
30 June 2017 this version
Consolidation
16 August 1958
Commenced