ELECTIONS ACT 1958

ELECTIONS (CONDUCT OF ELECTIONS)
REGULATIONS 1981

CONTESTED ELECTIONS

Contested elections

11. (1) If on the day of nomination in any constituency, after the determination by the returning officer of any objections which may have been lodged, more than one candidate stand nominated for that constituency, the returning officer shall forthwith declare that a poll will be taken in accordance with these Regulations.

(2) (a) The returning officer shall by lot determine the order in which the names of the candidates shall appear on the ballot papers.

(b) Subject to this paragraph there shall be assigned to each candidate by lot conducted by the returning officer a symbol approved by the Election Commission, provided that it shall not be necessary to draw lots if there is only one candidate to whom a party symbol has not been assigned.

(c) For the purpose of this paragraph a political party may submit to the Election Commission for its approval and for registration, if so approved, a symbol, which in this paragraph is referred to as a "party symbol" for the use of its candidates at any election.

In this paragraph "political party" means any society, registered under the Societies Act 1966, which the Election Commission is satisfied is organised for political purposes.

(d) In lieu of a symbol assigned in accordance with subparagraph (b), a returning officer shall on the request of any candidate, assign to him a party symbol:

Provided that no party symbol shall be so assigned except on production by the candidate of a written authority signed by a responsible official of the party authorizing the candidate to use such party symbol for the purposes of the election.

(e) (Deleted by P.U.(A) 67/2004)

(3) The returning officer shall, as soon as practicable, after making his declaration in accordance with subregulation (1), forward to the State Elections Officer a report that the election is contested together with a copy of the nomination paper of each candidate, a statement showing the order in which the names of the candidates will be printed on the ballot paper and the symbol assigned to each candidate.

(4) The returning officer shall also as soon as practicable forward a certified true copy of each rejected nomination paper and the grounds on which the rejection was made to the Secretary to the Election Commission.

(5) Upon the receipt of the report mentioned in subregulation (3), the State Elections Officer shall cause to be published in the Gazette and also in such manner as he thinks fit a notice as set out in Form 8 in the First Schedule specifying-

(a) the colistituency in which the election is contested;

(b) the date on which the poll will be taken;

(c) the names of the candidates in the order in which they will be printed on the ballot papers, the symbol allotted to each candidate and the names of their proposers and seconders; and

(d) the situation of the polling station or polling stations for each of the polling districts for that constituency and the hours between which each polling station will be opened.

12.(1) Subject to the general or special directions of the Election Commission, each returning officer shall appoint, and may revoke the appointment of a presiding officer to preside at each polling station for his constituency.

(2) Where two or more polling stations are established at an appointed place, the returning officer may appoint, and may revoke the appointment of, a senior presiding officer who shall exercise general supervision over the presiding officers of the polling stations, and over all arrangements for the conduct of the poll and the counting of votes in the polling stations, at that place.

(3) Each presiding officer shall be supplied with a copy of that part of the electoral roll containing the names of electors in such roll assigned to his polling station.

(4) If any presiding officer is b sickness or other cause, prevented from acting at any election, and there is no time for another person to be appointed by the returning officer, the presiding officer mav appoint a deputy to act for him and every such appointment shall as soon as possible be reported to the returning officer and may be revoked by the returning officer, but without prejudice to the validity of anything already done by such deputy.

(5) The returning officer may, if he thinks fit, preside at any polling station, and the provisions of these Regulations relating to a presiding officer shall apply to such returning officer.

Appointment of presiding officers and staff

12A. (1) Subject to the general or special directions of the Election Commission, each returning officer shall appoint, and may revoke the appointment of, such other officers or staff to assist the presiding officer or officers at each polling station for his constituency.

(2)Such other officers and staff shall be under the general supervision or direction of the presiding officer or officers of the polling station of the constituency.

Facilities to be provided at polling station

13. (1) outside each polling station there shall be affixed in a conspicuous place by the presiding officer before the commencement of the poll a notice as set out in Form 8 in the First Schedule.

(2) During the taking of the is poll the presiding officer shall cause to be exhibited his polling station a notice substantially in the form set out in the Second schedule giving directions for the guidance of voters in voting, which shall be in the National Language and in languages and in such script or such other language or languages and in such script or characters as the Election Commission may direct.

(3) It shall be the duty of the returning officer to provide at each polling station reasonable facilities for the electors alloted to such station to enable them to mark their votes screened from observation and to vote in accordance with the provisions of these Regulations, and he shall determine, or may authorize the presiding officer to determine, in what manner such facilities shall be distributed among the electors entitled to vote at such election.

(4) An election shall not be questioned by reas only of non-compliance with the provisions of paragraph (3).

Right of registered elector to vote

14. The electoral rolls for the time being in force shall be prima facie evidence for the purpose of determining whether a person is or is not entitled to vote at an election in any constituency.

Authoritative text of electoral rolls

14A. The electoral rolls which are submitted to the candidates on the day of nomination shall be the authoritative texts of the electoral rolls which will be used by the returning officer and the presiding officer of a polling station on polling day.

Admittance to polling station

15. (1) No person shall be admitted to vote at any polling station except the polling station to which that part of the electoral roll which contains his name has been assigned:

Provided that where an elector for anv constituency is eniploved as a presiding officer or in any other official capacity at a polling station within that constituency and it Is inconvenient for him to vote at the polling station to which that part of the electoral roll which contains his name has been assigned, the returning officer may authorize such elector to vote at any other polling station in the constituency. Such authorization shall be given under the hand of the returning officer and shall state the name of the elector and his number in the electoral roll, and the fact that he is so employed as aforesaid and shall specify the polling station at which he is authorized to vote.

(2) Unless the Election Commission, by notification in the Gazette, appoints any other hours in respect of any constituency or part thereof, the poll in any constituency shall be open for twelve hours between such hours as the Election Commission shall specify.

(3) The presiding officer shall regulate the number of voters to be admitted at a time whilst the poll is open and shall exclude all other persons except the candidate, his election agent and polling agent, the returning officer, the police officers on duty, members or officers of the Election Commission, persons officially employed at the polling station, a "relative" defined in regulation 19 (7), or other persons authorized in writing by the Election Commission.

(4) Not more than one polling agent of each candidate shall be admitted at a time to any polling station whilst the poll is open.

(5) No polling agent whose name and address have not been notified to the presiding officer as required by section 14 (1) of the Election Offences Act 1954, shall be admitted to a polling station whilst the poll is open.

(6) (a) It shall be the duty of the presiding officer to keep order at his polling station.

(b) If a person misconducts himself in a polling station or fails to obey the lawful order of the presiding officer, he may immediately by order of the presiding officer be removed from the polling station by a police officer in or near that station or by any other person authorized in writing by the returning officer or the presiding officer to remove him, and the person so removed shall not, without the permission of the presiding officer, again enter the polling station during the day.

(c) The powers afforded by this regulation shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

(d) Failure to obey the lawful orders of the presiding officer shall be an offence punishable by a fine not exceeding one thousand ringgit.

Poll by ballot and ballot papers

17. (1) The votes shall be given by ballot and the ballot of each voter shall consist of a paper, which in these Regulations is referred to as a "ballot paper".

(2) Every ballot paper shall consist of a list of candidates in Roman letters described in accordance with Form 4 and 4A, as the case may be, in the First Schedule, and arranged in such order as shall be determined by the returning officer in accordance with paragraph 11 (2) (a), together with the symbol assigned to each candidate in accordance with paragraph 11 (2) (b).

(3) Every ballot paper shall be in Form 9 in the First Schedule and shall be capable of being folded. Each ballot paper shall have a number printed at the top left hand corner and shall be attached to a counterfoil with the same number printed upon it.

Ballot boxes

18.(1) Every ballot box shall be so constructed that the ballot paper can be put in but cannot be taken out otherwise than by unlocking the box.

(2) The presiding officer at a polling station shall imiediately before the commencement of a poll, show each ballot box to be used to such. persons as may lawfully be present at such polling station so that they may see that it is empty.

(3) The presiding officer -

(a) shall then lock it up the ballot box; and

(b) shall affix on the ballot box a clip and security tape and the security tape shall be signed by the presiding officer and by each candidate or his election agent or polling agent who is present and who desires to sign on the security tape,

Manner of voting

19. (1) Each voter shall be given one ballot paper and shall be entitled to one vote.

(2) As each voter applies for a ballot paper, the number and name of the voter as stated , in the electoral roll shall be called out and a mark, without indicating in any way the particular ballot paper to be issued to him, shall be placed in the roll against the number of the voter to denote that he has been issued with a ballot paper.

(3) The number of the voter shall be written on the counterfoil of the ballot paper and the paper shall be perforated or stamped with the official mark or presidi initialled by the presiding officer on the margin of the ballot paper and the ballot paper shall then be issued to the voter by the presiding officer or a person acting The rel under his authority.

(4)The voter, on receiving the ballot paper, shall forthwith proceed to such place in the polling station as may be indicated by the presiding officer or by any person acting under his authority and shall there secretly mark such ballot paper in accordance with the directions given for the guidance of voters referred to in regulation 13 (2).

(5) The voter shall then fold the ballot paper so as to conceal his mark and shall put it into the ballot box and without undue delay shall then forthwith leave the polling station limits.

(6) The presiding officer or anv person authorized by him may ask any voter whether such voter understands the method of voting and if he thinks fit, at the request of any voter, may explain to such voter in the hearing of any polling agent present in the polling station the method of voting; in so doing he shall carefully refrain from any action which might be construed as advice or direction to vote for any particular candidate.

(7) At the request of a voter who is incapacitated by blindness or other physical cause from voting in the manner prescribed by these Regulations, a relative nominated by the voter, being a relative who is an elector whose name appears in the electoral rolls for the time being in force for any constituency in Malaysia, or, if no relative is so nominated, the presiding officer, shall mark the ballot paper of such voter in the manner dictated by the voter and shall cause the ballot paper to be placed in the ballot box. The relative so nominated shall make a declaration as to his identity in Form 10 in the First Schedule and every such declaration shall be exempt from stamp duty.

For the purposes of this paragraph "relative" means father, mother, brother, sister, wife, husband, son or daughter of the voter.

(8) The presiding officer may, at, anv time while the polling is proceeding, take such steps as may be necessary to ensure that no voter delays unduly in any place reserved for marking of ballot papers.

Declarations by voters

20. (1) The presiding officer at any polling station may, in his discretion, require any voter, before he is given a ballot paper, to furnish such evidence of his identity as the presiding officer may deem necessary and to make and subscribe to the declaration set out in Form I 1 in the First Schedule and every such declaration shall be exempt from stamp duty.

(2) If any person fails to furnish such evidence or refuses to make such declaration, the presiding officer shall refuse to give him a ballot paper.

Spoilt ballox papers

21. A voter who has inadvertently dealt with his ballot paper in such a manner that it cannot be used as a ballot paper may return it to the presiding officer and if the presiding officer is satisfied that the condition of the ballot paper is due to inadvertence, he shall issue another ballot paper in place of the ballot paper so returned, and the ballot paper so returned shall in these Regulations be referred to as a "spoilt ballot paper" and the spoilt ballot paper shall immediately be cancelled by the presiding officer.

22. (Deleted by P.U.(A) 67/2004)

Closing of poll

23. No ballot paper shall be issued to a voter after the hour fixed for the closing of the poll but if at that hour there is in the polling station any voter to whom a ballot paper has 'oeen issued, such voter shall be allowed to record his vote.

Place of counting of votes

23A. (1) Subject to this regulation and regulation 25B (4), votes cast by electors at any polling station shall be counted at the polling station at which such votes were cast, in accordance with the procedure set out in these Regulations.

(2) The Election Commission may, if it considers it necessary or expedient in the circumstances of any case, by notice direct that the votes cast by electors at any or all the polling stations in a constituency be counted by the presiding officer of the polling station, under the supervision of the returning officer, at such courting place or places as the Election Commission may specify.

(3) The notice under paragraph (2) shall be as set out in Form 12A in the First Schedule, and the Election Commission shall-

(a) at least three days before the commencement of the poll-

(i) forward a copy of such notice to the State Elections Officer and the returning officer responsible for the polling station or polling stations to which it relates; and

(ii) cause a copy of such notice to be given to each of the candidates or his election agent; and

(b) at any time before the commencement of the poll, cause a copy of such notice to be posted in some conspicuous place outside the polling station or polling stations to which it relates.

Procedure on close of poll

24. (1) As soon as practicable after the close of the poll the presiding officer shall, in the presence of such of the candidates or their election agents or polling agents as attend-

(a) secure the ballot box at such polling station selaed with his own seal and the seals of such candidates or their agents as desire to affix their seals so as to prevent the introduction of any ballot paper thereafter;

(b) determine the number of ballot papers issued to voters at the polling station, and the number of unused and spoilt ballot papers;

(c) prepare the ballot paper statement in Form 13 in the First Schedule, which shall be certified by the presiding officer and signed by such of the candidates or their election agents or polling agents as attend and desire to sign the same; and

(d) make up-

(i) the unused and spoilt ballot papers;

(ii) the marked copies of the electoral rolls;

(iii) the counterfoils of the ballot papers; and

(iv) the tendered votes list,

into a single packet which shall then be sealed with the seal of the presiding officer and the seals of such candidates or their agents as desire to affix their seals.

(2) As soon as practicable after the conclusion of the proceedings under paragraph (1), the presiding officer shall make preparation to count the votes cast at the polling station at which he presides in the presence of such of the candidates, their election agents or counting agents as attend, and shall inform the candidates, their election agents or counting agents of the time when he will begin to count the votes:

Provided that where the Election Commission directs, under regulation 23A (2), that the votes cast at the polling station be counted at a specified counting place, the presiding officer shall take the ballot box, the sealed packet and the statement in Form 13 referred to in paragraph (1) (c) to such counting place.

(3) Where the same person is appointed to preside at more than one polling station within the same polling district and the Election Commission directs that the same ballot box be used at all the polling stations at which he presides, the presiding officer-

(a) may, in the presence of such of the candidates or their election agents or polling agents as circumst attend-

(i) notwithstanding paragraph (1)(a) reapon the sealed ballot box in such a manner that ballot papers issued at any subsequent polling stations at which he presides can be inserted but nothing can be removed from it;

(ii) reopen the packet sealed pursuant to paragraph (1)(d) for use at each subsequent polling stations at which he presides;

(b)shall only perform the proceedings referred to in paragraph (1) (b) and (c) and proceed to count the votes on the last day of the poll for the constituency and after the completion of the poll at the last polling station at which he presides.

Fresh poll at polling station in the case of unlawful removal, loss, destruction, etc., of any ballot box

24A. (1) If at any election-

(a) any ballot box used at a polling station-

(i) is unlawfully removed from lawtuiof unlawful custody, or is lost; or

(ii) is destroyed, damaged, or tampered with, to such an extent,

so that the result of the poll at that polling station cannot be ascertained; or

(b) any such error, irregularity or defect in procedure as is likely to affect the validity of the poll occurs at a polling station,

the returning officer shall, upon being satisfied thereof, forthwith report the matter to the Secretary to the Election Commission.

(2) Upon receiving a report under paragraph (1) the Election Commission shall, after taking all material circumstances into account, either-

(a) declare the poll at that polling station to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station and-

(i) cause a notice of such declaration and the day and hours so appointed and fixed to be published in the Gazette; and

(ii) send a copy of such notice to the returning officer who shall cause the same to be further published in the constituency in such places and in such manner as he may deem necessary; or

(b) if satisfied that the result of a fresh poll at that polling station will not, in any way, affect the result of the election, issue such directions to the returning officer as the Election Commission deems proper for the further conduct and completion of the election.

(3) The provisions of these Regulations shall, as far as practicable, apply to every fresh poll in the same manner as they apply to an original poll.

Counting of votes by presiding officer

25.(1) No counting agent-

(a) whose name and address have not been notified to the presiding officer as required by section 14(1) of the Election Offences Act 1954; or

(b) whose name and address have been notified as such but is not permitted by the presiding officer to attend,

may be present at the counting of the votes.

(1A) Not more than one counting agent of each candidate may be admitted at a time to any polling station or place appointed for the official addition of votes.

(2) No person other than-

(a) the members and officers of the Election Commission;

(b) the returning officer, the presiding officer and such other officers and staff appointed under regulation 12A;

(c) the candidates and their election agents and counting agents; and

(d) persons authorised in writing by the Election Commission,

(3) Before the presiding officer proceeds to count the votes he or the persons authorised by him shall, in the presence of such of the candidates or their election agents or counting agents as attend-

(a) open the ballot box and extract the tendered ballot papers found therein; and

(b) compare the number of ballot papers in the ballot box with the statement in Form 13 referred to in regulation 24(1)(c) in order to ascertain that all ballot papers are accounted for.

(4) If, in comparing the number of ballot Papers with the statement in Form 13 aforesaid, it appears that the number of ballot papers in the ballot exceeds the number stated to be therein according to such statement, the Procedure described in the Third Schedule shall be adopted.

(5)The residing officer while conducting the Procedure described in the Third Schedule shall take all proper precautions for preventing any person who has not taken the oath of secrecy as rescribed by sec ' 5(1) of the Election Offencer Act 1954, from seeing the numbers printed in such ballot papers.

(6) The presiding officer or the persons authorised by him shall then proceed to count the ballot papers according to the votes cast for each candidate and shall endorse the word "rejected" on any ballot paper which he may reject as invalid.

(7) The Presiding officer shall reject as invalid the following ballot papers only, namely, any ballot paper

(a) which is not stamped or perforated with the official mark, or initialled by the presiding officer;

(b) on which votes are given for more than one candidate;

(c) on which anything is written or marked by which the voter can be identified;

(d) which is unmarked or marked other than in the place or manner provided; or

(e) which does not clearly indicate the intention of the voter:

Provided that if a presiding officer is satisfied that such ballot Paper was issued in a state which would render it invalij under this regulation Owing to some act or omission by him or a person acting under his authority, and if the ballot paper is otherwise valid, the presiding officer shall not reject such ballot paper.

(8) Notwithstanding paragraph (7) (d), where the presiding officer is satisfied that any mark made on a ballot paper clearly indicates the intention of the voter and the candidate for whom he has given his vote, the presiding officer shall not reject the ballot paper on the ground solely that it has not been marked in all. respects in accordance with the directions given for the guidance of voters under these Regulations.

(9) Before rejecting a ballot paper the presiding officer shall show it to each candidate, his election agent or counting agent, if present, and consider his views thereon.

(10) The decision of the presiding officer, whether or not any ballot paper shall be rejected, shall be final.

(11) (Deleted by P.U.(A) 67/2004)

(12) Subject to paragraph (13), the presiding officer shall, immediately after the completion of the counting of the votes-

(a) announce to the candidates or their election agents or counting agents as attend the Provi number of votes given to each candidate;

(b) prepare a sufficient number of copies of the statement of the poll in Form 14 in the First Schedule, which shall be certified by the presiding officer and signed by such of the candidates or their election agents or counting candidate agents as attend and desire to sign the same, as follows -

(i) one copy, for the returning officer, shall be enclosed in a special envelope supplied for the purpose, sealed with his own seal and the seals of such candidates or their agents as desire to affix their seals; and

(ii) one copy shall be delivered to each of the candidates or his election agent or counting agent as attend;

(c) inform the returning officer, by any means available to him, of the result of the counting of votes at his polling station.

(13) Where -

(a) the number of votes for all the candidates together with the rejected votes varies from the number of ballot papers found in the ballot box by one per centum or more; or

(b) the difference between the number of votes cast for the leading candidate and the number of votes cast for the next leading candidate is two per centum or less of the total number of votes cast,

then upon the application of either any candidate or of his election agent or counting agent a recount shall be made once only before the presiding officer carry out the proceedings set out in subregulation (12):

Provided that the presiding officer may in his discretion order a recount or recounts to satisfy himself as to the correct result of the voting.

Safe custody of election documents

25A.(1) On the completion of the counting of votes, the presiding officer shall, in the presence of such of the candidates, their election agents or counting agents as attend-

(a) make up the counted ballot papers and the rejected ballot papers into a single packet which shall be affixed with a security tape and the security tape shall be signed by the presiding officer and by each candidate or his election agent or counting agent who desires to sign on the security tape; and

(b) enclose the statement in Form 13 referred to in paragraph 24(1)(c) in a special envelope affix security tape to it.

(2) The packets referred in paragraph (1)(a) and 24(1)(d) -

(a) shall be placed in the ballot box which shall be affixed with a security tape so that nothing can be inserted into or removed from it without breaking the security tape; and

(b) the security tape shall then be signed by the presiding officer and by each candidate or his election agent or counting agent who is present and who desires to sign on the security tape.

(3)The presiding officer shall despatch or deliver-

(a) the ballot box;

(b) the special envelope containing the statement in Form 13 referred to in paragraph (1)(b); and

(c) the special envelope containing the statement in Form 14 referred to in paragraph 25(12)(b),

in safe custody to the returning officer.

Postponement or adjournment of counting of votes

25B.(1) Where at any time after the close of the poll, owing to any cause whatsoever, the counting of the Votes at the polling station cannot be started started but cannot be completed, the presiding shall postpone or adjourn such counting, as the case may be, and forthwith inform the returning officer of the constituency, and the candidates or their election agents or counting agents of such fact.

(2) Where the ballot box has not been opened, the presiding officer shall forthwith despatch or deliver the ballot box together with the statement in Form 13 referred to in regulation 24 (1) (c) and the sealed packet referred to in regulation 24 (d) in safe custody to the returning Officer.

(3) Where the ballot box has been opened, the presiding officer shall, in the presence of such of the candidates or their election agents or counting agents as attend-

(a) put back all the ballot papers into the ballot box, sealed with his own seal and the seals of such candidates or their agents as desire to affix their seals; and

(b) forthwith despatch or deliver the ballot box together with the statement in Form 13 referred to in paragraph 24 (1) (c) and the packet referred to in paragraph 24 (1)(d) in safe custody to the returning officer.

(4) Where the counting of votes has been postponed or adjourned under this regulation, the returning officer shall, after consultation with the State Elections Officer, appoint a new time and place at which the presiding officer will count the votes, and shall inform the candidates or their election agents of such place and time.

Counting of votes of postal voters

25C. (1) The returning officer shall, as soon as practicable after the conclusion of the proceedings under regulation 17 of the Elections (Postal Votin i) Regulations, make arrangements for counting the votes of postal voters in the presence of such of the candidates, their election agents or counting agents as attend, and shall inform the candidates, their election agents or counting agents of the time and place at which he will begin to count such votes.

(2) The provisions of regulation 25, other than paragraphs (3) (b), (4), (5) and (1 1), shall apply in relation to the counting of votes of postal voters as if-

(a) references to a presiding officer were references to a returning officer;

(b) references to officers and staff appointed under regulation 12A were references to officers and staff appointed under regulation 25D;

(c) references to ballot papers were references to postal ballot papers; and

(d) references to Form 14 were references to Form 15.

(3) On the completion of the counting of the votes of postal voters, the returning officer shall put the counted ballot papers and the rejected ballot papers into separate packets, sealed with his own seal and the seals of such candidates or their agents as desire to affix their seals.

(4) The sealed packets containing the counted ballot papers, the rejected ballot papers and the sealed packets referred to in regulations 16 and 17 of the Elections (Postal Voting) Regulations shall be placed in the ballot box, affixed with security tape which shall be signed by the returning officer and by each candidate or his election agent or counting agent who is present and who desires to sign on the security tape.

Proceedings of returning officer after return of ballot boxes, and official addition of votes

25D. (1) Subject to the general or special directions of the Election Commission, each returning officer shall appoint, and may revoke the appointment of, such officers or staff to assist him in the counting of the votes of postal voters and the official addition of votes.

(2) After the returning officer has completed the counting of the votes of postal voters for his constituency, the returning officer shall make arrangements for the official addition of the votes, and shall inform the candidates or their election agents of the time and place at which he will commence to add up the number of votes given to each candidate.

(3) No person other than-

(a) the members and officers of the Election Commission;

(b) the returning officer and such other officers and staft appointed under paragraph (1); and

(c) the candidates and their election agents,

(4) At the place appointed for the official addition of the votes, the returning officer, in the presence of such of the candidates and their election agents as attend, shall-

(a) open the special envelope containing the official statement of the postal voting; and

(b) upon receipt of the special envelope containing the official statement of the poll despatched or delivered to him by each presiding officer, open the said envelope and examine the statement of the poll contained therein,

and subject to subregulation (4A), announce the number of votes recorded for each candidate in the statement of the poll contained in such envelope.

(4A) If, on the examination of the statement of the poll under paragraph (4)(b), it appears to the returning officer that such statement is incomplete or there is an error or mistake in such statement, the returning officer, in the presence of such of the persons referred to in paragraph (4) as attend, shall-

(a) open the special envelope containing the ballot papers statement delivered or despatched to him and compare the official statement of the poll with the ballot papers statement contained in such envelope; and

(b) where necessary, amend the official statement of the poll and every such amendment shall be initialled by the returning officer and by such of the candidates or their election agents as attend and desire to initial the same.

(5) After the returning officer has received the official statements of the poll from the presiding officers of all the polling stations in his constituency, the returning officer shall@ in the presence of such of the persons referred to in paragraph (4) as attend, ascertain the total number of votes given to each candidate by officially adding up the number of votes recorded for each candidate in the said statements and in the official statement of the postal voting.

(5A) A candidate or his election agent may, after the completion of the official addition of votes, require the returning officer to have the number of votes recorded in the official statement of the poll to be added up again but the returning officer may refuse to do so if in his opinion the request is unreasonable.

(5B) Where, on the official addition of the votes, the difference between the number of votes cast for the next leading candidate is two per centum or less of the total number of votes cast, then upon the application of any candidate, a recount shall be made once only, in the manner as may be determined by the Election Commission, before the returning officer carries out the proceedings set out in subregulation (7):

Provided that the recount shall not take into account rejected ballot papers and spoilt ballot papers.

(6) Where, on the official addition of the votes, there is an equality of votes between any candidates and the addition of a vote would entitle any of the candidates to be declared elected, the determination of the candidate to whom such one additional vote shall be deemed to have been given shall be made by lot in the presence of the returning officer, the candidates and their election agents as attend in such manner as the returning officer shall determine.

(7) Forthwith after the official addition of the votes, the returning officer shall declare as having been elected the candidate to whom the greatest number of votes is given.

(8) It shall be the duty of the returning officer to keep order at the place appointed for the official addition of votes.

(9) If a person misconducts himself at the place appointed for the official addition of votes or fails to obey the lawful order of the returning officer, he may immediately by order of the returning officer, be removed from that place by a police officer on duty outside or near that place or by any other person authorized in writing by the returning officer to remove him, and the person so removed shall not, without the permission of the returning officer , again enter the place appointed for the official addition of votes until the completion of the addition of votes.

(10) Failure to obey the lawful orders of the returning officer shall be an offence punishable by a fine not exceeding three thousand ringgit.

Disposal of ballot papers, etc.

25E. (1) Upon the completion of the official addition of votes and after making his declaration under subregulation 25D (7), the returning officer shall -

(a) open all the ballot boxes affixed with the security tapes pursuant to subregulation 25A(2);

(b) transfer all the packets affixed with security tapes contained in the ballot boxes other than the packets containing -

(i) the unused and spoilt ballot papers,

(ii) the marked copies of the electoral rolls; and

(iii) the counterfoils of the ballot papers,

referred to in paragraph 24(1)(d) into a special box or boxes;

(c) affix security tape or tapes to the special box or boxes and sign on every such tape; and

(d) subject to regulation 26, retain the special box or boxes and its or their contents in safe custody for a period of six months from the date of the poll and thereafter shall cause them to be destroyed unless otherwise directed by the Election Commission.

(2) The returning officer shall then forward-

(a) the packet affixed with security tape containing the unused and spoilt ballot papers, the marked copies of the electoral roll and the counterfoils of the ballot papers referred to in regulation 24(1) (d);

(b) the statement of the poll in Form 14 referred to in paragraph 25(12)(b); and

(c) the envelope containing the statement in Form 13 referred to in paragraph 25A(1)(b),

Declaration of win by political party

25F. After the completion of the official addition and the making of the declaration under subregulation 25D(7) in respect of all contested elections in the general election to the Dewan Rakyat or the State Legislative Assembly, the Election Commission may declare that a political party who has nominated candidates to contest in the general election has won the election to the Dewan Rakyat or the State Legislative Assembly, as the case may be, where the political party has asquired a majority which exceeds fifty percent of the total seats that are allocated for the election to the Dewan Rakyat or the State Legislative Assembly.

Court order to copy or inspect election documents

26. A Judge of the High Court may make an order that any ballot paper or other document relating to an election which has been kept in safe custody as required by regulation 25E be inspected, copied or produced at such time and place and subject to such conditions as he may deem expedient but no such order shall be made unless the Judge is satisfied that such inspection, copy or production is required for the purpose of instituting or maintaining a prosecution or an election petition in connection with the election and except as aforesaid and as provided in the Third Schedule, no person shall be allowed to inspect, copy or have produced any such ballot paper or document after it had been transferred into a special box or boxes in pursuance of regulation 25E (1).

Supply of copies and inspection of documents relating to an election

26A. (1) Where an election petition has been presented to the High Court under section 34 of the Election Offences Act 1954-

(a) the petitioner;

(b) the respondent to the petition; or

(c) an advocate authorised in writing by the petitioner or the respondent to act for the petitioner or the respondent, as the case may be, in the proceedings relating to the election petition,

may apply in writing to the Secretary to the Election Commission to be supplied with a copy of a document or of a part of a document, or to inspect a document or a part of a document, relating to the election for the constituency in respect of which the election petition has been presented, except a ballot paper (whether used, unused or spoilt), or a counterfoil of any such paper, or a marked copy of an electoral roll, or ballot paper accounts, or a declaration of identity, or a specimen of ballot paper, or an authority to vote at an alternative polling station, or an administrative record of the number of votes obtained for each candidate by each counting team at a counting place or a polling station, or an hourly record of votes, or any document referred to in paragraph 24 (1)(c) and (d), subregulation 25A(1), subregulation 25C (4) or regulation 25E regardless whether or not the document which falls within these exceptions has been affixed with security tape or included in a packet affixed with security tape.

(2) The Secretary to the Election Commission may grant an application under subregulation (1), subject to such conditions as he may specify, if he is satisfied that the document in respect of which the application is made relates to the election for the constituency in respect of which the election petition has been presented and that the document does not fall within any of the exceptions set out in subregulation (1).

(3) Where an application has been granted under subregulation (2), the applicant shall be allowed to inspect the document or part of the document, or be supplied with a copy thereof certified to be a true copy under the hand of an officer of the Election Commission authorised to do so by the Secretary to the Election Commission, upon payment of a fee of two ringgit per folio of one hundred words or part thereof.

(4) The foregoing provisions of this regulation shall be without prejudice to regulation 26.

Publication of result and statement of poll in the Gazette

27.The returning officer shall forthwith after making hisdeclaration under subregulation 25D (7) duly complete the reverse of the writ issued to him under subregulation 3 (1). At the same time he shall compile a statement of the poll in Form 16 in the First Schedule and shall forward both the writ and the statement to the Secretary to the Election Commission, through the State Elections Officer. The Secretary to the Election Commission shall then cause the name of the member elected, together with such statement of the poll, to be published in the Gazette.