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Section 2: Interpretation

Representation of the People Act

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

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); [Issue 4] R20 – 2 Revised Laws of Mauritius “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; R20 – 3 [Issue 9] Representation of the People Act “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 of toral 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.]

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