Myanmar 2008 Constitution (reviewed 2015)

Chapter IX. Election

Part 1. Election of People’s Representatives to the Hluttaws

1. 1. In electing people’s representatives to the Hluttaws:
      1. every citizen who has attained 18 years of age on the day on which the election commences, who is not disqualified by law, who is eligible to vote, and person who has the right to vote under the law, shall have the right to vote;
      2. every citizen who is eligible to vote and person who has the right to vote under the law shall cast a vote only for each Hluttaw at a constituency in an election;
      3. Moreover, the relevant national races having right to vote in accord with the provisions contained in this Constitution have also the right to vote to elect Hluttaw representatives of national races for their Region or State Hluttaw;
      4. secret balloting system shall be practised.
   2. The following persons shall have no right to vote:
      1. members of religious orders;
      2. persons serving prison terms;
      3. persons determined to be of unsound mind and stands so declared by a competent Court;
      4. persons who have not yet been declared free from insolvent;
      5. persons disqualified by election law.
   3. A Hluttaw candidate has, in an election:
      1. the right to be elected to one Hluttaw only;
      2. the right to stand for one constituency only.

394

1. 1. The electorate residing in the Union Territory or Union Territories designated by enactment of Pyidaungsu Hluttaw law have the right to elect the Pyithu Hluttaw and Amyotha Hluttaw representatives only.
   2. A Region or State Hluttaw representative elected from a territory designated as a Union Territory through enactment of a Pyidaungsu Hluttaw law, save as otherwise provided by the law, shall not continue to stand as a representative of the said Hluttaw.
2. Every citizen who is not disqualified by the provisions under this Constitution or the provisions of the election law shall have the right to stand for election to any Hluttaw.

Part 2. Recalling a representative of the Hluttaw

396

1. A representative of the Hluttaw may be recalled on any of the following reasons:
   1. high treason;
   2. breach of any provision of this Constitution;
   3. misbehavior;
   4. disqualification prescribed in this Constitution for the Hluttaw representative;
   5. inefficient discharge of duties assigned to.
2. A minimum of one percent out of the original voters of the electorate of the constituency concerned shall submit the complaint to the Union Election Commission against the Hluttaw representative on whom it wishes to recall.
3. The Union Election Commission shall conduct the investigation in accord with the law.
4. In conducting the investigation on an allegation made to a Hluttaw representative, he has a right to defend himself in person or through an agent.
5. If the Union Election Commission considers that the allegation is true and that the alleged person should not continue to serve as a Hluttaw representative any longer, the Union Election Commission shall proceed in accord with the law.

1. The Pyidaungsu Hluttaw shall enact the necessary laws on matters relating to ‘Election’ and on matters relating to ‘Recall’.

Part 3. Formation of the Union Election Commission

398

1. The President shall constitute a Union Election Commission. In constituting the Commission, he may appoint a minimum of five members including the chairman of the Union Election Commission in accord with the provisions on appointment of the Union Minister prescribed in this Constitution.
2. The chairman and members of the Union Election Commission shall be persons who:
   1. have attained 50 years of age;
   2. with the exception of the age limit, shall have the qualifications prescribed for the Pyithu Hluttaw representatives;
   3. 1. have served in the position of the Chief Justice of the Union or Judge of the Supreme Court of the Union or Judge of the High Court of the Region or State or a similar position for a minimum of five years; or
      2. have served in the position of the judicial officer or the law officer not lower than the rank of the Region or State level for a period of 10 years; or
      3. have served as a practising lawyer for a minimum of 20 years as an Advocate; or
      4. shall be deemed by the President to be an eminent person.
   4. shall have integrity and experience;
   5. shall be not relevant with the provisions for disqualification of election as the Pyithu Hluttaw representative;
   6. shall be loyal to the State and its citizens;
   7. shall not be a member of a political party;
   8. shall not be a Hluttaw representative;
   9. shall not be a person who accepts the position that entitles salary, allowance or money.

Part 4. Duties of the Union Election Commission

1. The duties of the Union Election Commission are as follows:
   1. holding Hluttaw elections;
   2. supervising Hluttaw elections; forming different levels of sub-commissions and supervising thereof;
   3. designating and amending the constituencies;
   4. compiling lists of voters and amending thereof;
   5. postponing elections of the constituencies where free and fair election cannot be held due to natural disaster or due to local security situation;
   6. prescribing rules relating to elections or political parties in accord with the provisions of this Constitution, and procedures, directives, so forth, in accord with the relevant laws;
   7. constituting the election tribunals for trial of disputes relating to election in accord with the law;
   8. performing duties assigned under a law.

Part 5. Impeachment of the Chairman or the members of the Union Election Commission

400

1. The President may impeach the Chairman or the members of the Union Election Commission for one of the following reasons:
   1. high treason;
   2. breach of any provision of this Constitution;
   3. misconduct;
   4. disqualification on conditions prescribed for the representative concerned prescribe in this Constitution;
   5. inefficient discharge of duties assigned to.
2. Impeachment shall be conducted in accord with the procedure laid down in this Constitution relating to the impeachment of the Chief Justice of the Union or a Judge of the Supreme Court of the Union.

401

1. If the Chairman or a member of the Union Election Commission during this term of service wishes to resign on his own accord due to any reason, he may submit his resignation in writing to the President.
2. If the seat of the Chairman or the member of the Union Election Commission is vacant due to resignation, termination of duties, death or any other reason, the President may appoint a new Chairman, or a member of the Union Election Commission in accord with the provisions of appointment of a Union Minister prescribed in this Constitution.
3. If the Chairman or member of the Union Election Commission is a Civil Services Personnel it shall be deemed that he has been retired from service in accord with the existing service regulations from the day of appointment of the Chairman or member of the Union Election Commission.

Part 6. Resolutions and Functions of the Union Election Commission

1. The resolutions and functions made by the Union Election Commission on the following matters shall be final and conclusive:
   1. election functions;
   2. appeals and revisions relating to the resolutions and orders of the election tribunals;
   3. matters taken under the law relating to political party.
2. Duties, powers and privileges of the Chairman and members of the Union Election Commission shall be prescribed by law.