S.L. 363.6 Art. 6Method of election.

(1) The eleven members of the Executive Committee shall be elected upon the principle of proportional representation by means of the single transferable vote as separately applicable to each of two lists as follows:

(a) the Chairman who is elected from amongst all

Councillors;

(b) a general list, from which four members are elected by and from among all Councillors in office;

(c) a regional list, in which six members are elected, one from each of the six regions established in the Second

Schedule, by and from among all Councillors in office representing the localities in each one of the regions:

Provided that any one Councillor may be nominated to contest the same election only under one specific list, and in the case of any contestation made under the regional list, only under the specific region to which the Councillor’s locality belongs: Provided further that the Committee that was established in the last election held before the one held in 2021, shall remain in office until 31 December 2021, and the new Committee elected in the October 2021 election shall start its mandate on 1 January 2022: Provided also that where -

(i) at the election for the general list, the candidates of a political party obtain in the aggregate more than fifty of all the valid votes cast per centum at that election, and this at the first count of all the votes, but the candidates elected from that party both in the election from the general list as well as that in the regional list do not constitute in the total number more than fifty of per centum all the members who from time to time constitute the Executive Committee of the Association; or

(ii) at an election for the general list which is contested by candidates from more than two political parties and in which only candidates of two of such parties are elected, the candidates of a political party who obtain a percentage of all the valid votes cast at such election, as credited to them by the Electoral Commission at the first count of all the votes, which is greater than that obtained by any one other party, but the number of candidates of that particular party from the general list as well as from the regional list does not constitute more than fifty of all per centum the members who from time to time constitute the Executive Committee of the Association, the number of members of the Executive Committee of the Association shall be increased by as many members as may be necessary in order that the party obtaining more than fifty per centum, or the larger percentage, of all the valid votes, as the case may be, shall have one member more than the total of the other candidates elected from the general and from the regional lists of the other parties; and, in any such case, such candidate or candidates shall be declared by the Electoral Commission to be elected to fill the additional seat or seats created by this proviso who, being candidates of the party last mentioned in the general list, were credited by the Electoral Commission at the last count, with the highest or next higher number of votes without being elected.

(2) The elections shall be held every four years on the second Saturday in October following a notice to that effect by the Electoral Commission:

Provided that the Committee which will be elected by elections to be held in October, 2021 shall remain in office until October 2029: Provided further that as from the year 2029 onwards, the elections shall be held every five (5) years on the second Saturday of October following a notice to that effect by the Electoral Commission: Provided that if the election for the Committee is due to be held within three months before the holding of General Elections, or referenda, or elections for Local Councils, the election may be postponed to a date determined by the Minister, but in any case not later than three months following the holding of such General Elections, referenda or elections for Local Councils, as the case may be:

Provided further that in the event that the election is so postponed, the next elections for the Committee will be held as provided in this regulation.

(3) The Executive Secretary of the Local Council shall act on behalf of the Electoral Commission during the voting in his locality.

(4) If at the expiration of the time fixed for the receipt of nominations the number of nominated candidates is three or less in the case of the general list, or is only one in the case of every regional list, the Electoral Commission shall declare the candidates so nominated as elected.

(5) If at the expiration of the time fixed for the receipt of nominations the number of nominated candidates is less than three in the general list or no nominations are received in the case of any regional list, the Electoral Commissioner shall issue a fresh notice for election to fill the remaining vacant seats in the general list or in the regional list as the case may be: Provided that if after a fresh notice for election is issued no other nominations are received, or if the number of nominated candidates is less than the number of vacant seats, the remaining vacant seats may be filled by co-option of a Councillor or Councillors from amongst Councillors who were previously declared elected by the Commission, so however that by way of in the co-option of the other member or members shall be in terms of those criteria established by the statute of the Congress.

(6) If the nominated candidates for the Committee is less than four, or when the Committee is dissolved for reasons mentioned in these regulations, the Executive Secretary shall inform the Electoral Commission to hold elections to fill vacant posts according to these regulations .

(7) After thirty days from the dissolution of the Committee or from the date when the election for the Committee should have been held, the Electoral Commission shall hold an election for a new Committee: Provided, also, in the case of dissolution no election shall be held where the remaining term of office of the dissolved Committee is less than three months.

(8) The newly elected Committee shall remain in office for the remainder of the dissolved Committee’s term.

(9) The persons who have a right to vote in the election for the

Committee are all those Councillors who at that time shall be in office.

(10) (a) Each Councillor shall vote on three ballot papers of which one shall be made up of a list for the post of Chairman, a general list, and the other made up of eligible candidates in a regional list according to the region to which the voter belongs in the form set out in the Third Schedule.

(b) Each ballot paper shall have a list of candidates described by the name (including any nickname) as well as the locality or the region they represent, and the Party in whose name they are contesting.

(11) (a) Voters shall deposit their ballot papers in a ballot box provided for such purpose by the Electoral Commission. The ballot box shall be sealed prior to the commencement of voting by the Council Secretary together with one of the Councillors after having verified that the ballot box delivered is empty.

(b) On the closing of voting, the Council Secretary shall seal the opening of the ballot box and afterwards the Secretary shall personally deliver the sealed box to the Electoral Commission.

(12) The counting of votes shall start as soon as the Electoral Commission starts receiving the sealed boxes.

(13) (a) The election results shall be immediately communicated by the Electoral Commission to the Minister and to the Registrar and shall be published in the Gazette not later than one week after having been so communicated.

(b) Immediately upon receiving the communication from the Electoral Commission the Registrar shall register the Association as constituted.

(14) Except as otherwise provided by these regulations the election shall be conducted by the Electoral Commission according to the provisions of article 8(2) of the Act as applicable in the circumstances.