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Palestine Legislative Council Election Order, 1922

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Palestine Legislative Council Election Order, 1922

London, 10 August 1922

WHEREAS "The Palestine Order in Council, 1922" provides for the constitution of a Legislative Council in Palestine, and for the election of part of the members of the Council, and it is necessary to prescribe the system of election of such members;

And whereas by treaty, capitulation, grant, usage, sufferance and other lawful means, His Majesty has power and jurisdiction within Palestine:

NOW THEREFORE His Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is pleased by and with the advice of his Privy Council to order, and it is hereby ordered as follows:–

Title.

1. This Order may be cited as the Palestine Legislative Council Election Order, 1922.

Definition.

2. In this Order, unless the contrary intention appears,
 

"Secretary of State" means one of His Majesty's Principal Secretaries of State.
 

"Register of voters" or "register" means the register prepared in accordance with this Order of the persons entitled to vote for the election of a member of the Legislative Council.
 

"Member" means a member of the Legislative Council.
 

"District" means one of the administrative divisions into which Palestine may be divided by the High Commissioner.
 

For the purposes of this Order and pending the introduction of an Order in Council regulating Palestinian citizenship, the following persons shall be deemed to be Palestinian citizens:–
 

                (a) Turkish subjects habitually resident in the territory of Palestine at the date of commencement of this Order.
 

                (b) All persons of other than Turkish nationality habitually resident in the territory of Palestine at the said date, who shall within two calendar months of the said date make application for Palestinian citizenship in such form and before such officer as may be prescribed by the High Commissioner.

System of Election.

3. The election of members shall be conducted by primary and secondary elections. Primary election shall consist of the election by the voters as hereinafter defined of secondary electors and secondary election shall consist of the election of members by colleges of secondary electors.

Qualification and Disqualification of Voter.

4. Every  male Palestinian citizen over 25 years of age shall be entitled to vote at the primary elections unless he be a person who:–

                (a) Has lost his civil rights.

                (b) Claims to be under foreign protection.

                (c) Has been declared to be a bankrupt, and has not been discharged.

                (d) Has been placed under interdiction by a competent Court, and has not been released.

                (e) Has been sentenced to imprisonment for more than a year, and has not received a free pardon for the crime for which he has been sentenced.

Definition of Voting Areas.

5. For  the purpose of primary elections every District shall be divided into voting areas, and the voters within such areas shall be entitled to elect a number of secondary electors to be determined in the manner following:

The Governor of the District in consultation with the President of any Municipal Council or Local Council in the District and the Mukhtars of the villages shall define such voting areas, having regard, as far as possible, to the religious community to which the electors belong, and shall determine the number of secondary electors to be elected in each voting area on the basis that every 200 primary electors shall elect one secondary elector; provided that if any village or quarter has between 150 and 200 primary electors it shall be entitled to vote for one secondary elector; if it has between 350 and 400 primary electors it shall be entitled to vote for two secondary electors, and the same principle will be maintained where the number of primary electors  exceeds 400.
 

6. The limits of each voting area and the number of secondary electors for that area shall be published in the District.

Registration of Voters.

7. The High Commissioner shall appoint for each District one or more registering officers who shall prepare a register of voters for the primary elections; and a revising officer who shall have the functions hereinafter prescribed. The registering officer may summon the President of any Municipal Council or Local Council in the District, the Mukhtars of the villages and quarters of towns, and the Heads of Religious Communities to assist in the preparation of the register.

The register shall be arranged according to the villages or quarters in which the voters reside, and the names of the voters in each village or quarter shall be numbered consecutively and arranged alphabetically.  The list shall show :–

                (a) The name of each voter in full;

                (b) The trade or occupation of the voter;

                (c) His place of abode.

The High Commissioner may by proclamation issue regulations regarding the preparation of the register in any other respect, and for its publication in the Districts, and may from time to time make provision for a revision of the register.

No person, for the purposes of the primary or secondary elections, shall be entitled to exercise more than one vote, and no elector at the primary elections shall exercise a vote in respect of more than one voting area.

Publication of Register.

8.–          (1) As soon as the register for each District or Subdistrict is completed the registering officer shall forward it to the revising officer, who shall not later than 14 days from the receipt of the register publish it by causing to be posted in some conspicuous place in every village and quarter within the District a copy of those parts of the register which contain the names of persons resident in such village and quarter, together with a notice specifying the time and place appointed for the revision and final settlement of the register for the District, and calling on all persons who are entitled to vote and whose names are not included in the register, and on all persons who object to the insertion of the name of any voter to attend and make such claim or objection at the time and place appointed.

                (2) Every such extract from the register and every such notice shall remain posted for not less than 14 days before the time appointed for the revision of the register.

Revision of Register.

9.–          (1) The revising officer shall revise the register of voters, and there shall be an appeal from his decision to the District Court.

                (2) All persons making claims or objections as well as all persons whose names are objected to may appear in person or by an agent or advocate before the revising officer and may give and produce evidence with respect to any such claim or objection.

                (3) The registering officer for any village or quarter shall be present at the revision, and may likewise give and produce evidence.

                (4) The revised list of voters for every District shall be kept at the office of the Governor of the District, and shall be open to inspection at all reasonable time.

Qualification of Secondary Elector.

10. Any person may be elected as a secondary elector provided he is on the register of primary electors for the District.

Power to issue Regulations for Elections.

11. The High Commissioner may by Proclamation provide for the appointment and duties of returning officers at the primary elections, and for determining the time and place for holding elections, and the manner in which elections shall be conducted and the poll taken when required, and the manner in which the votes shall be given and the result ascertained, and for all other matters necessary to the orderly and impartial conduct of elections.

Electoral Colleges.

12. The secondary electors shall be formed into twelve electoral colleges according to the religious community to which they belong; that is to say, there shall be separate electoral colleges for Moslems, Christians and Jews. Secondary electors who do not belong to the Moslem, Christians or Jewish community shall opt for any electoral college in their area. The number of colleges to be allotted to each religious community shall be determined by the High Commissioner having regard to the numbers of secondary electors belonging to the several communities, provided that there shall not be less than two Christian and two Jewish colleges. Each electoral college shall elect one member. The High Commissioner shall by Proclamation assign the secondary electors to the several colleges having regard to the areas which they represent.

Secondary Elections.

13. The High Commissioner shall, by notice in the Gazette, appoint a day on which the electoral colleges shall meet for the purpose of electing members of the Legislative Council.

The election shall be conducted in such manner as may be prescribed  by Proclamation of the High Commissioner.

Nomination of Members.

14. No person shall be eligible as a member who has not been nominated by two duly qualified secondary electors belonging to the religious community, for which the candidate is nominated, as proposer and seconder, and by eight other duly qualified secondary electors of that community as consenting to the nomination. The nomination shall be in writing and shall be delivered at the time appointed for the election to the returning officer by the candidate himself or by his proposer or seconder.

Qualification and Disqualifition of Members.

15. Every male Palestinian citizen who has completed his 30th year shall be eligible for election as a member unless he

                (a) claims to be under foreign protection;

                (b) has been declared a bankrupt, and has not been discharged;

                (c) has been placed under interdiction, and has not been released;

                (d) has lost his civil rights;

                (e) has been sentenced to imprisonment for more than one year, and has not received a free pardon for the crime for which he was sentenced.

                (f) holds any office of profit under the Palestine Government.

                (g) has any direct or indirect pecuniary interest in any agreement with the Public Service of Palestine otherwise than as a member, and in common with other members of an incorporated company consisting of more than twenty-five persons.
 

16. Any person who is guilty of any act in connection with the primary or secondary election of a member of the Legislative Council, which is a corrupt and illegal practice as defined by the law of England relative to Corrupt and Illegal Practices at Parliamentary Elections shall be liable on conviction by the competent Court to the penalties and disabilities provided by that Law, so far as the circumstances of Palestine and of its inhabitants permit.

Resignation of Seat.

17.– (1) Any Elected Member of the Legislative Council may resign his seat by writing under his hand addressed to the High Commissioner, and upon the receipt of such resignation the seat of such Member shall become vacant:

Provided that no Member shall, without the permission of the Legislative Council, resign his seat while any proceedings are pending in respect of his election if it is alleged in those proceedings that any corrupt or illegal practices took place at that election, or while any proceedings are contemplated or pending in respect of his conduct in, or as a Member of the Council.

                (2) The electoral college which elected the Member resigning shall be convened by notice in the Gazette, and shall elect a Member in his place.

Vacation of Seat.

18. If any Member of the Legislative Council–

                (a) Shall be absent, except on the ground of illness, from the sittings of the Legislative Council, for a period of three calendar months during any session without the leave of the Council; or

                (b) Shall take any oath or make any declaration or acknowledgment of allegiance, obedience or adherence to any foreign State or Power; or

                (c) Shall do, concur in or adopt any act whereby he may become the subject or citizen of any such State or Power; or,

                (d) Shall be or become subject to any of the disqualifications mentioned in Article 15,

the High Commissioner shall declare his seat to be vacant, and shall direct an election to be held to fill the vacancy in the manner prescribed in the preceding Article. Provided that if the Member is absent from Palestine with the consent of the Council for a period not exceeding six months the High Commissioner may nominate any properly qualified person to act as Member during his absence.

Power to amend by Proclamation.

19. The High Commissioner may, by Proclamation in the Gazette, at any time within one year from the date of the commencement of this Order, and provided that he has obtained the approval of the Secretary of State, vary, annul or add to any of the provisions of this Order in order to carry out the purposes of the same, and may provide for any other matter necessary in order to carry into effect the provisions thereof.

Tribal Areas.

20. In the Sub-District of Beersheba, and in any other area which may by Proclamation be declared to be a tribal area, the High Commissioner may make such other arrangements for the conduct of primary elections as he may think fit.  Provided that the number of secondary electors for any such areas shall be the same as if the elections had been carried out under the provisions of this Order.

Commencement of Order.

21. This Order shall come into operation on a day to be fixed by the High Commissioner by Proclamation in the Gazette, and shall regulate the first election of members of the Legislative Council, and thereafter it shall be lawful for the said Council to pass any Ordinance or Ordinances amending or substituted for any of the provisions of this Order, but subject to the provisions of any such Ordinance or Ordinances this Order shall continue in force.
   

 

Source: Official Gazette of the Government of Palestine, 1 September 1922.