BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY)
Gazette Number:
Section:
25
Heading:
Establishment of no canvassing areas and no staying areas outside polling stations
Version Date:
30/06/1997
Caution : This is a past version. See the current version for the latest position.
(1) The returning officer shall declare in respect of each polling station that-
(a) an area outside that polling station as specified by him with reference to a map or plan referred to in subsection (2), is to be known as a no canvassing area; and
(b) an area within that no canvassing area is to be known as a no staying area,
for the purposes of this Regulation.
(2) Where the returning officer makes a declaration under subsection (1), he shall indicate on a map or plan or on 2 separate maps or plans the no canvassing area and the no staying area in relation to the polling station concerned.
(3) A declaration under subsection (1) shall be made not later than 7 working days before the polling day.
(4) A person shall not on polling day-
(a) engage in the canvassing of votes in a no canvassing area; or
(b) stay or loiter in the no staying area without the express permission of the presiding officer.
(5) Any person who contravenes subsection (4)(a) or (b) commits an offence and is liable to a fine at level 2 and imprisonment for
3 months.
(6) Where a declaration is made under subsection (1)-
(a) if the polling station concerned is a polling station designated-
(i) for a geographical constituency, the returning officer shall give notice, to each candidate for that geographical constituency, and if it is designated also for one or more functional constituencies, to the returning officer for the functional constituency or the returning officer for each functional constituency;
(ii) for the election committee constituency, the returning officer shall give notice to each candidate for that constituency;
(iii) for a functional constituency only, the returning officer shall give notice to each candidate for the functional constituency; and
(iv) for more than one functional constituency, the Chief Returning Officer shall give notice to the returning officer for each such functional constituency; and
(b) the returning officer of any functional constituency to whom notice is given under paragraph (a)(i) or (iv), shall give notice to each candidate,
of the relevant declarations under subsection (1)(a) and (b) respectively.
(7) Where a returning officer makes a declaration under subsection (1), he shall display on polling day, at or near the polling station concerned, a notice of the relevant declaration together with a map or plan showing the no canvassing area and the no staying area respectively.
(8) A returning officer who makes a declaration under subsection (1) may vary the relevant no canvassing area or no staying area by another declaration and where he so varies it, shall display on polling day at or near the relevant polling station a notice of the subsequent declaration and a map or plan showing the no canvassing area or no staying area, as the case may be, so varied.
(9) Where a no canvassing area or no staying area is varied under subsection (8), if the polling station concerned is a polling station referred to in-
(a) subsection (6)(a)(i), the returning officer referred to in that subsection shall-
(i) notify each candidate for the geographical constituency concerned of the variation unless it is not reasonably practicable to do so before the close of poll; and
(ii) inform the returning officer of the functional constituency or the respective returning officers of the functional constituencies of the variation;
(b) subsection (6)(a)(ii) or (iii), the respective returning officers referred to therein shall notify each candidate for the election committee constituency or the functional constituency concerned, as the case may be, of the variation, unless it is not reasonably practicable to do so before the close of poll; and
(c) subsection (6)(a)(iv), the Chief Returning Officer shall inform the returning officers for the functional constituencies for which that polling station is designated of the variation.
(10) The returning officer or each returning officer informed under subsection (9)(a)(ii) or (c) shall, unless it is not reasonably practicable to do so, notify each candidate for the constituency concerned of the variation.
(11) A returning officer who makes a declaration under subsection (1) or varies a no canvassing area or no staying area under subsection (8) shall indicate in such manner as he considers appropriate, the boundaries of each no canvassing area or no staying area, as the case may be, concerned.
(12) The declaration or any variation of a no canvassing area or no staying area shall become effective when the map or plan referred to in subsection (7) or (8), as may be appropriate, is displayed under that subsection.
(13) A returning officer referred to in subsection (1) may, in respect of any polling station, authorize the assistant returning officer or the presiding officer to perform his functions under this section on polling day.
(14) Where a returning officer is required to notify a candidate under subsection (6) or (9)(a)(i) or (b) or (10), he may notify the election agent or the polling agent of the candidate for the relevant polling station and where he so notifies, he shall be regarded, for the purposes of the relevant subsection, as having notified the candidate.
(15) In subsection (6)(a)-
(a) in subparagraph (i), "returning officer" ( ) where it first appears;
(b) in subparagraphs (ii) and (iii), "returning officer" (
),
means the returning officer who makes the relevant declaration under subsection (1).