Section 49: Election agents and sub-agents

49. Election agents and sub-agents (1) On or before the day fixed for an election, each candidate or prospective candidate shall, by notice in writing given to the returning officer, appoint either himself or some other person as his election agent and specify an address within the electoral area to which all claims, notices, writs, summonses and documents addressed to the candidate or to his agent, may be sent, and the returning officer shall forthwith give public notice of the name and address of every election agent so appointed. [Issue 1] R20 – 22 Revised Laws of Mauritius (2) A candidate may, by notice in writing given to the returning officer, revoke the appointment of his election agent, and, in the event of such revocation or of the death of the agent, whether such event is before, during or after the election, forthwith appoint another election agent and give written notice of his name and address to the returning officer who shall forthwith give public notice thereof. (3) (a) An election agent appointed under subsection (1) may act in relation to any matter required to be done in a polling station by sub-agents appointed by him for that station, and anything done for the purposes of this Act by or to any of the sub-agents in his electoral area shall be deemed to be done by or to the election agent, and any act or default of a sub-agent, which, if he were the election agent, would be an illegal practice or other offence under this Act shall be an illegal practice or other offence under this Act committed by the sub-agent, and the sub-agent shall be liable to punishment accordingly. (b) A candidate shall suffer the like incapacity, as if the act or default referred to in paragraph (a) had been the act or default of the election agent unless he proves that he had no knowledge of that act or default. (4) Not later than 2 clear days before the poll the election agent shall declare in writing the name and address of every sub-agent to the returning officer, who shall forthwith give public notice thereof. (5) The appointment of a sub-agent shall not be vacated by the election agent who appointed him ceasing to be election agent, but may be revoked by the election agent of the candidate, and, in the event of such revocation, or of death of a sub-agent, another sub-agent may be appointed, and notice of his name and address shall forthwith be given in writing to the returning officer, who shall forthwith give public notice thereof. (6) A document delivered at the address specified in the notice referred to in subsection (1) shall be deemed to have been duly served on the election agent and every election agent may, in respect of any matter connected with the election for which he is acting, be sued in any competent Court.