RIGHT TO VOTE AT ELECTIONS
The right to vote is a fundamental principle enshrined in the Constitution.
Section 44 thereof provides that:
1. Any person who is registered as an elector in a constituency shall be entitled to vote in such manner as may be prescribed at any election for that constituency unless he is prohibited from so voting by any law in force in Mauritius because:
(a) he is a returning officer; or
(b) he has been concerned in any offence connected with elections:
Provided that no such person shall be entitled so to vote if on the date prescribed for polling he is in lawful custody or (except in so far as may otherwise be prescribed) he is for any other reason unable to attend in person at the place and time prescribed for polling.
2. No person shall vote at any election for any constituency who is not registered as an elector in that constituency.
Furthermore, the relevant regulations also debar any elector to vote in the electoral area for which he is the returning officer or in which he performs the duties of returning officer.
Voting by Proxy
The categories of persons entitled to vote by proxy are specified in the relevant regulations for each type of election e.g. for National Assembly Elections they are the following:-
(a) any member of the Police, as defined in the Police Act, and any election officer, certified in writing by the Commissioner of Police or the returning officer, as the case may be, to be engaged in the performance of duties at the date of any election held the provisions of these regulations;
(b) any service elector or any elector, other than a service elector, who is –
(i) serving as Ambassador, High Commissioner or other principal representative of Mauritius abroad; or
(ii) a public officer performing duties on behalf of the Government of Mauritius under a person specified in sub-paragraph (i); or
(iii) a member of the family of a person specified in sub-paragraph (i) or (ii) and forms part of his household abroad;
(c) any candidate duly nominated for election;
(d) any public officer who is an elector in Rodrigues and who is serving in the island of Mauritius; and
(e) any public officer who is an elector in any constituency in the Island of Mauritius and who is serving in Rodrigues.