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  1. Constitutions
  2. Malaysia
  3. (1) The Election Commission shall be appointed by the

🇲🇾 MalaysiaConstitution

Perlembagaan Persekutuan

(1) The Election Commission shall be appointed by the

Jurisdiction
Malaysia
Provision
114
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
114. (1) The Election Commission shall be appointed by the Yang di-Pertuan Agong after consultation with the Conference of Rulers, and shall consist of a chairman, a deputy chairman and five other members. [Article 114] Federal Constitution 108 (2) In appointing members of the Election Commission the Yang di-Pertuan Agong shall have regard to the importance of securing an Election Commission which enjoys public confidence. (3) A member of the Election Commission shall cease to hold office on attaining the age of sixty-six years or on becoming disqualified under Clause (4) and may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong, but shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court. (4) Notwithstanding anything in Clause (3), the Yang di-Pertuan Agong shall by order remove from office any member of the Election Commission if such member— (a) is an undischarged bankrupt; or (b) engages in any paid office or employment outside the duties of his office; or (c) is a member of either House of Parliament or of the Legislative Assembly of a State. (4a) In addition to any disqualification provided under Clause (4), the chairman of the Election Commission shall be disqualified from holding such office if after three months of his appointment to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it: Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it. (5) Parliament shall by law provide for the remuneration of members of the Election Commission, and the remuneration so provided shall be charged on the Consolidated Fund. (5a) Subject to the provisions of this Article, Parliament [Article 114] Federal Constitution 109 may by law provide for the terms of office of members of the Election Commission other than their remuneration. (6) The remuneration and other terms of office of a member of the Election Commission shall not be altered to his disadvantage after his appointment. (7) Where, during any period, the chairman of the Election Commission has been granted leave of absence by the Yang di-Pertuan Agong or is unable, owing to his absence from the Federation, illness or any other cause, to discharge his functions, the deputy chairman shall discharge the functions of the chairman during that period, and if the deputy chairman is also absent or unable to discharge such functions, a member of the Election Commission may be appointed by the Yang di-Pertuan Agong to discharge the functions of the chairman during that period. Assistance to Election Commission

Source record

Source and verification

Perlembagaan Persekutuan · lom.agc.gov.my · Retrieved 18 August 2026.

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