Malaysia legislation
Article XLIX
Article XLIX
Every citizen of or over the age of twenty-one years who is resident in the State is qualified to be a member of the Legislative Assembly, unless he is disqualified for being a member by the Federal
Constitution or this Constitution or by any such law as is mentioned in Article L.
Disqualifica-
(1)
Subject to the provisions of this Article, a person is disqualified for being a member of the of Legislative Legislative Assembly if—
tion for membership
Assembly.
Enactment
No. 9/1963.
Enactment
(a)
(b)
(c)
(d)
(e)
0
he is and has been found or declared to be of unsound mind;
he is an undischarged bankrupt;
he holds an office of profit;
having been nominated for election to either
House of Parliament or to the Legislative
Assembly, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required;
he has been convicted of an offence by a court of law in the Federation and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon;
he is disqualified under any law relating to offences in connection with elections to either
House of Parliament or to the Legislative
Assembly by reason of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence; or 26
(g)
he has voluntarily acquired citizenship of, or exercised rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country.
(2)
The disqualification of a person under paragraph
(d)
or paragraph (e) of Clause (1) of this Article may be removed by the Ruler and shall if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in the said paragraph (d) was required to be lodged or, as the case may be, the date on which the person convicted as mentioned in the said paragraph (e) was released from custody or the date on which the fine mentioned in the said paragraph (e) was imposed, and a person shall not be disqualified under paragraph
(g)
of Clause
(1)
by reason only of anything done by him before he became a citizen.
(3)
Notwithstanding anything contained in the foregoing provisions of this Article, where a member of the Legislative Assembly becomes disqualified from continuing to be a member thereof pursuant to paragraph
(e)
of Clause
(1)
, or under a law as is referred to in paragraph (f) of Clause (1)—
(a)
the disqualification shall take effect upon the expiry of fourteen days from the date on which he was—
(i)
convicted and sentenced as specified in the aforesaid paragraph (e), or
(ii)
convicted of an offence or proved guilty of an act under a law as is referred to in the aforesaid paragraph (f); or
(b)
if within the period of fourteen days specified in paragraph (a) an appeal or any other court
Proceeding is brought in respect of such conviction or sentence, or in respect of being so convicted or proved guilty, as the case may be, the disqualification shall take effect upon 27
Enactment
9/1963.
Enactment
No, 4/1983.
Enactment
No. 2/1990.
Provision against double membership.
Effect of disqualifica-tion and
Prohibition of nomination without consent.
Enactment
No. 9/1963.
the expiry of fourteen days from the date on which such appeal or other court proceeding is disposed of by the Court; or
(c if within the period specified in paragraph (a)
or the period after the disposal of the appeal or other court proceeding specified in paragraph
(b)
there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of.
(4)
Clause
(3)
shall not apply for the purpose of nomination or election of any person to the Legislative
Assembly, for which purpose the disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) or (f), as the case may be, of Clause (1).
(5)
A person who resigns his membership of the
Legislative Assembly of this State or any other State, shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the Legislative Assembly of the State.