Section 42

When any matter is not expressly provided for in the Election Petition Rules 1954, the *Rules of Court 2012

[P.U. (A) 205/2012] shall apply.

*NOTE—The Rules of High Court 1980 [P.U. (A) 50/1980] has been repealed by the Rules of

Court 2012 [P.U. (A) 205/2012] w.e.f. 1 August 2012—see Order 94 rule 1 P.U. (A) 205/2012.

Election Offences 53

First Schedule

FORM A

[Subsection 5(1)]

Form of Oath of Secrecy

I, .............................................Identity Card No. ……….……......of

…….……………………………………………………………………………swear that I will not at this election for the …………………..………………………………

constituency/electoral ward do anything forbidden by section 5* of the Election

Offences Act 1954 [Act 5], which has been read to me.

Dated ……………….……………… 20 ………

…………………………….………

Signature of person taking the oath

Before me

.....………………………

Signature

Chairman or Member of the Election Commission

Secretary to the Election Commission

State Elections Director

Proper Officer

* This section must be read to the declarant by the person taking the declaration.

Act 5

FORM B

[Subsection 23(1)]

Return Respecting Election Expenses

Constituency

Electoral ward

Name of candidate………………………………………………………..………

Name of election agent…………………………………………………………..

Date of publication of the result of the election in the Gazette

………………………………………………………………………………………..

Receipts. Note 1. Give details of any money, security, or valuable consideration received or promised in respect of expenses incurred on account of or in connection with or incidental to the election. Details of money or security supplied by the candidate must be included.

Name of donor

Description (Association,

Club, Society or Individual)

Type of donation

(Contribution, Loan,

Deposit, etc.)

Amount

RM s.

TOTAL

⎧

⎨

⎩

……………………………………………………….................

Election Offences 55

Election Expenses. Note 2. All payments are to be vouched for by a bill stating the particulars, except as provided by section 16 of the Election Offences Act 1954 [Act 5].

Election Expenses Incurred

Description

Details as in

List No.

Amount

RM s.

Payment to agents, clerks and messengers

Travelling expenses of above

Travelling expenses of other persons

Printing

Advertising

Stationery

Postage, telegrams and telephone charges

Hire of rooms for public meeting or as committee-rooms

Licences

Miscellaneous expenditure

Expenses by person authorized

Disputed claims

Unpaid claims

TOTAL

DECLARATION

To be completed by candidate or his election agent.

To be completed by candidate acting as his own agent.

I,.......................................being the

*candidate/election agent, make the foregoing return respecting *my election expenses/election expenses of the said candidate in the said election and certify that to the best of my knowledge and belief it is complete and correct.

I,.................................................acting as my own election agent, make the foregoing return respecting my election expenses in the said election and certify that to the best of my knowledge and belief it is complete and correct.

Signature............................

Date …………………

Signature............................

Date …………………

* Delete whichever is inapplicable.

Act 5

FORM C

[Subsection 23(2)]

Statement on Oath By Candidate

I, …………………………………........... Identity Card No. ...……………………

of …………………..……………………………………………………….…… being a candidate for election in the ……………….....……………………....………

constituency/electoral ward, do hereby solemnly affirm (or swear) that the accompanying return respecting election expenses is, to the best of my knowledge and belief, true, and that, except the expenses therein set forth, no expenses of any nature whatsoever have to my knowledge or belief been incurred in, or for the purpose of, my candidature.

Dated ………………........………………………… 20 ………

...................………….....

Candidate

Solemnly affirmed (or sworn to) before me

……………………………

Chairman or Member of the Election Commission

Magistrate

Justice of the Peace

Commissioner for Oaths

State Elections Director

Election Offences 57

FORM D

[Subsection 23(2)]

Statement on Oath by an Election Agent

I, .............……………………………… Identity Card No. …………………….....

of .…….………………………………………………………………..……….…being appointed election agent for ……………………..…........................... a candidate for election in the …………………………………………………………………

constituency/electoral ward, do hereby solemnly affirm (or swear) that the accompanying return respecting election expenses is, to the best of my knowledge and belief, true, and that, except the expenses therein set forth, no expenses of any nature whatsoever have to my knowledge or belief been incurred in, or for the purpose of, the candidature of ……………………………

Dated ………………...........…………………………… 20 ………

………………………….

Election Agent

Solemnly affirmed (or sworn to) before me

…………………………………………………

Chairman or Member of the Election Commission

Magistrate

Justice of the Peace

Commissioner for Oaths

State Elections Director

FORM E

(Deleted by Act A1177)

Act 5

Second Schedule

[Subsection 42(1)]

ELECTION PETITION RULES 1954

Citation