Page:Agreement relating to Malaysia (1963).djvu/67






 * (5) Article 119 of the Constitution, together with Article 30A, shall apply in relation to elections to which subsection (3) applies, but not so as to prevent use being made for the purpose of those elections of electoral rolls in force immediately before Malaysia Day, pending the revision of those rolls or the preparation of new ones according to law ; and so long as sub-section (3) applies to elections to the Legislative Assembly, Article 119 shall not invalidate or prohibit any restrictions on a person's right to vote at those elections which may be imposed by State law by reason of his failure to vote at such an election or by reason of any act or conduct showing adherence to a country or territory outside Malaysia.


 * 96. (1)The constituencies in each o£ the Borneo States for the first elections to the House of Representatives or the Legislative Assembly after the end of the period of indirect elections, and the constituencies in Singapore for the first elections to the House of Representatives to which sub-section (1) of section 95 does not apply, shall be delimited by order of the Yang di-Pertuan Agong made in accordance with this section.


 * (2) The Election Commission, at such time as may be notified to them on behalf of the Federal Government, shall take into consideration the division of the State into constituencies and, within such period as may be so notified, shall submit to the Prime Minister a report showing—


 * (a) the constituencies into which they recommend the State should be divided in order to give effect to the principles set out in section 2 of the Thirteenth Schedule to the Constitution ; and


 * (b) the names by which they recommend that those constituencies should be known.


 * (3) In applying the said section 2 for the purpose of that report the Election Commission shall estimate the number of electors from such information as is reasonably available to them, and section 3 of the said Thirteenth Schedule (which directs the number of electors to be taken to be as shown on the current electoral rolls) shall not apply for that purpose.


 * (4) Before making their report to the Prime Minister on the State, the Election Commission shall publish in the Gazette and in at least one newspaper circulating in the State, and in any other manner they think