PART IV

THE SUPPLEMENTARY ELECTORAL ROLL

The supplementary electoral roll

11. There shall be a supplementary electoral roll which shall contain the names of newly registered electors and registered electors whose registration is transferred to different registration areas.

Application for registration or transfer of registration

12. (1) The Election Commission shall, by notice published in the Gazette, call upon-

(a) every person who is qualified and desires to be registered as a Parliamentary elector in any State; and

(b) every person who is qualified and desires to be registered as a State elector in such State,

and who is not already so registered under these Regulations or being already so registered desires to transfer his registration to a different locality in which he is qualified to be registered, to forward personally his application to the Registrar of the registration area or the Assistant Registrar of the registration unit in which he is qualified as an elector or to any Registrar of any registration area or any other Assistant Registrar of any registration unit.

(2) Every such application shall be made in Form A in the Schedule.

(3) The Registrar or Assistant Registrar shall forthwith cause an acknowledgement, by using the tear-off slip referred to in Form A, duly stamped by his official stamp, of every such application received by him to be delivered or sent by ordinary post to the applicant at the address given by him.

(4) A person is allowed to forward only one application for registration on any revision of the supplementary electoral roll.

Revision of supplementary electoral roll

13. (1) The Registrar shall, once every three months, revise the supplementary electoral roll of the registration area for which he is appointed.

(2) For the purpose of revising the supplementary electoral roll and of satisfying himself as to the qualification of any person for registration or determining whether the name of any person should be entered or retained in the supplementary electoral roll or expunged from the supplementary electoral roll, the Registrar may either make such house-to-house or other inquiry as he may deem necessary by himself or through any person appointed by him in writing in that behalf or may send a notice requiring information to the person from whom the information is required by ordinary letter addressed to such person or by delivering such notice to him personally or to an adult member of his household.

(3) If any person whose name is on the supplementary electoral roll fails to give such information to the Registrar with regard to his own qualification for registration within seven days after service upon him by the Registrar of a notice under subregulation (2), he shall, in addition to any penalty prescribed by any written law, have his name expunged from the supplementary electoral roll.

(4) Every person appointed by a Registrar under subregulation (2) to whom any information relating to the qualification of any person for registration or relevant for determining whether the name of any person should or should not be entered or retained in the supplementary electoral roll has been furnished or by whom such information has been collected shall forthwith furnish such information to the Registrar.

(5) On the completion of the revision of the supplementary electoral roll for any registration area, the Registrar shall give notice in the Gazette that the revision has been completed and that the revised supplementary electoral roll or a copy of the roll, is open for inspection at such hours as may be stated in the notice at the office of such Registrar and that such part of the supplementary electoral roll or a copy of such part of the roll as relates to any registration unit in such registration area is open for inspection at such hours as may be stated in the notice and at the places in the registration unit as may be specified in the notice.

(6) Notice under subregulation (5) may be given by-

(a) the Chief Registrar to apply to the supplementary electoral roll of more than one registration area; and

(b) the Registrar to apply to the supplementary electoral roll of a registration area or a registration unit.

Claims during revision of supplementary electoral roll

14. (1) Any person who has applied to be registered in the supplementary electoral roll for any registration area for which he is qualified to be so registered may, if his name has been omitted from the supplementary electoral roll, submit a claim to the Registrar to whom he has made the application to have his name entered in the supplementary electoral roll.

(2) Every claim by the person referred to in subregulation (1), hereinafter referred to as the "claimant", shall be made in Form B in the Schedule and shall be delivered to the Registrar of his registration area within seven days from the date on which the supplementary electoral roll is open for inspection as stated in the notice referred in subregulation 13 (5).

(3) Within seven days after the expiration of the period for making a claim, the Registrar shall exhibit in a conspicuous place in his office a notice containing the names and addresses of the claimants.

(4) Upon receipt of a claim under this regulation, the Registrar may, if he is of the opinion that the particulars given in the claim are insufficient, request for further information from the claimant who shall furnish the information within seven days from the date he receives such request.

(5) Where the claimant fails to furnish the information in the manner provided for in subregulation (4), the claim shall be deemed to have been withdrawn and the Register shall take no further action.

(6) If the Registrar is of the opinion that a claim may be allowed without a hearing, he may allow the claim, provided that no objection is made to the claim, and shall so inform the person making the claim.

Objections during revision of supplementary electoral roll

15.(1) Any person whose name appears-

(a) in the principal electoral roll for the registration area for which he is qualified to be registered, may object to the inclusion of his name or the name of any other person in the supplementary electoral roll; or

(b) in the supplementary electoral roll for the registration area for which he is qualified to be registered, may object to the inclusion of his name in the supplementary electoral roll.

(2) Every objection by the person referred to in subregulation (1). hereinafter referred to as the "objector", shall be made in Form C in the Schedule and shall be delivered to the Registrar of his registration area within seven days from the date on which the supplementary electoral roll is open for inspection as stated in the notice referred to in subregulation 13(5) or in the case of an objection to the insertion in the supplementary electoral roll of the name of a claimant, within seven days from the date on which the notice containing the names of the claimants is first exhibited under subregulation 14(3).

(3) The objector is allowed to object once only and the number of persons in regard to whom the objector is allowed to object shall not exceed ten.

(4) The objector shall pay a fee of ten ringgit for each person to whom he objects.

(5) Upon receipt of an objection under this regulation, the Registrar may, if he is of the opinion that the particulars given in the objection are insufficient, request for further information from the objector who shall furnish the information within seven days from the date he receives such request.

(6) Where the objector fails to furnish the information in the manner provided for in subregulation (5), the objection shall be deemed to have been withdrawn and the Registrar shall take no further action.

(7) If the Registrar is of the opinion that the objector is not entitled to object, he may disallow the objection and shall so inform the objector.

(8) The Registrar shall-

(a) in any case where he is satisfied that the particulars given in an objection are sufficient; or

(b) upon receipt of the information requested for under subregulation (5),

forthwith send a notice of the objection to the person in regard to whom the objection has been made in Form D in the Schedule.

Disallowance of claim or objection

16. If the Registrar is of the opinion that a claim or objection cannot be allowed because-

(a) the matter has been concluded by the decision of a court; or

(b) the particulars given in a claim or objection do not entitle the claimant
or objector to succeed.

he may send to the claimant or objector a notice statiner his opinion and the grounds for his opinion and that he intends to disallow the claim or objection unless the claimant or objector gives him notice within seven days from the date of the first-mentioned notice that he requires the claim or objection to be heard and, if the Registrar receives no such notice within the said time, he may disallow the claim or objection.

Public inquiry

17. (1) Subject to regulations 14, 15 and 16, the Registrar shall, as soon as practicable after receiving a claim for or an objection to the inclusion of any name in the supplementary electoral roll, hold a public inquiry into the claim or objection which has been duly made, giving not less than seven days' notice in Form E in the Schedule to the claimant or the objector or the person in regard to whom the objection has been made and any person who appears to the Registrar to be interested in or affected by the inquiry may appear in person and be heard.

(2) Where an objection is made to the insertion of any name in the supplementary electoral roll, the Registrar shall, at the public inquiry, call upon the objector to give prima facie proof of the grounds for the objection.

(3) lf such prima facie proof as aforesaid is given,the Registrar shall require proof of the qualification of the person in regard to whom the objection has been made, and-

(a) if such person's qualification is not proved to the Registrar's satisfaction, shall expunge such person's name from, or, as the case may be, refuse to include such person's name in the supplementary electoral roll;

(b) if such person's qualification is so proved, shall retain such person's name, or, as the case may be, include such person's name in the supplementary electoral roll.

(4) If at a public inquiry into any objection, the objector fails to appear or appears but fails to give such prima facie proof as aforesaid, then-

(a) if the objection is to the inclusion in the supplementary electoral roll of the name of a person appearing in the roll, the Registrar shall retain such person's name in the supplementary electoral roll without calling upon such person to prove his qualification;

(b) if the objection is to the inclusion in the supplementary electoral roll of the name of any claimant, the Registrar shall require proof of the qualification of the claimant and-

(i) if the claimant's qualification is not proved to the Registrar's satisfaction, shall refuse to include the claimant's name in the supplementary electoral roll;

(ii) if the claimant's qualification is proved, shall include the claimant's name in the supplementary electoral roll.

(5) Without prejudice to subregulation (2), the absence or non-attendance of the person in regard to whom objection has been made at such public inquiry shall not relieve the objector from giving such prima facie proof to establish the fact that the name of the person in regard to whom objection has been made improperly appears, or is not entitled to remain, in the supplementary electoral roll.

(6) Before proceeding to hear the objection at such public inquiry, the Registrar shall be satisfied that the person in regard to whom objection has been made has been served with a notice in Form E in the Schedule.

(7) If such prima facie proof is given in the absence of the person in regard to whom objection has been made, it shall be lawful for the Registrar to expunge such person's name from, or refuse to include such person's name in, the supplementary electoral roll, as the case may be.

(8) If no such prima facie proof is given by the objector, the Registrar shall retain such person's name in the supplementary electoral roll.

Objection without reasonable cause

18. If an objection is made and is disallowed by the Registrar and, in his opinion, the objection was made without reasonable cause, the Registrar may, in writing, order the objector to pay to the person in regard to whom objection has been made a sum of money not exceeding two hundred ringgit as compensation for any loss of time or inconvenience incurred by such person in consequence of the objection.

Withdrawal of objection

19. (1) An objector may withdraw his objection at any time not later than five days before the date fixed for public inquiry as specified in Form E in the Schedule.

(2) Where a withdrawal is made after the expiration of the period specified, the Registrar may, in writing, order the objector to pay a sum of money not exceeding two hundred ringgit to the person in regard to whom the objection has been made.

Appeal

20. (1) Any claimant, objector, or person in regard to whom objection has been made may, if he is aggrieved by a decision of the Registrar in respect of a claim or objection, appeal to an Adjudicating Officer.

(2) Every such appeal shall be in writing and-

(a) shall be signed by the appellant;

(b) shall state shortly the grounds of appeal; and

(c) shall be delivered to the Adjudicating Officer together with a fee of five ringgit,

within ten days from the date of the decision in respect of which the appeal is made.

(3) An Adjudicating Officer shall hear such appeals in public after giving not less than four clear days' written notice of the date, time and place of the hearing of the appeal to the parties concerned and may at his discretion hear any further evidence.

(4) The determination of the appeal by the Adjudicating Officershall, under these Regulations, be final and shall not be challenged or questioned in, or reversed, altered or quashed by, any court on any ground.

(5) Without prejudice to subregulation 23(2), if at any hearing of the appeal-

(a) the appellant fails to appear though he has been served with the written notice referred to in subregulation (3), the Adjudicating Officer may dismiss the appeal;

(b) the respondent fails to appear though he has been served with the written notice referred to in subregulation (3), the Adjudicating Officer may hear and determine the appeal.

(6) If, upon an objection being disallowed by the Registrar, the objector appeals under subregulation (1) to the Adjudicating Officer, and in the opinion of the Adjudicating Officer the appeal was made without reasonable cause, the Adjudicating Officer may, in writing, order the objector to pay to the person in regard to whom the objection was made a sum of money not exceeding two hundred ringgit as compensation for any loss of time or inconvenience incurred by such person in consequence of the appeal.

(7) If any such appeal as aforesaid is allowed by the Adjudicating Officer, he shall have power to revise or cancel any order made by the the Registrar for the payment of compensation by the objector.

(8) When the Adjudicating Officer has determined the appeals which have been lodged with respect to claims or objections, he shall forward to the Registrar a statement under his hand containing the names which he has decided shall be entered or retained in the supplementary electoral roll and those which he has decided shall be omitted or expunged from the supplementary electoral roll and the Registrar shall amend the supplementary electoral roll accordingly.

Recovery of sums awarded

21. Any sum awarded under regulation 18, 19 or 20 shall be recoverable as though the order of the Registrar or the Adjudicating Officer were an order of a Sessions Court for the recovery of money by the person to whom such
compensation is payable duly made in civil proceedings before such Court.

Certification of supplementary electoral roll

22. (1) The Registrar of each registration area shall, as soon as possible after claims and objections have been determined. certify the supplementary electoral roll for the registration area in Form F in the Schedule and shall, as soon as possible thereafter, give notice in the Gazette that the supplementary electoral roll, or a copy of the roll, is open for inspection at such reasonable hours as may be stated in the notice at the office of the Registrar or at such places in the registration area as may be specified in the notice.

(2) Notice under subregulation (1) may be given by-

(a) the Chief Registrar in respect of the supplementary electoral roll of more than one registration area; or

(b) the Registrar in respect of one registration area or one registration unit.

(3) The certified supplementary electoral roll shall come into force upon the date of the publication in the Gazette of the notice under subregulation (1) and, subject to such alterations, if any, in the supplementary electoral roll shall continue in force until the supplementary electoral roll is merged with the principal electoral roll and then re-certified.