What are the grounds for recall?

Myanmar

Myanmar

Answer
  • Political or policy grounds
  • Indictment
  • Conviction Moral turpitude
  • See source for more grounds
Source

Constitution of the Republic of the Union ofMyanmar

(Adopted on 10 May 2008)

http://www.burmalibrary.org/docs5/Myanmar_Constitution-2008-en.pdf

(OfficialEnglish Translation)

Article 396. Recallinga representative of the Hluttaw

(a) A representative of the Hluttaw may berecalled on any of the following reasons:

(1) high treason;

(2) breach of any provision of thisConstitution;

(3) misbehavior;

(4) disqualification prescribed in thisConstitution for the Hluttaw representative;

(5) inefficient discharge of duties assigned to.[...]

Constitution Chapter IVLegislature, Disqualification for thePyithu Hluttaw Representatives

Article 121.

The following persons shallnot be entitled to be elected as the Pyithu Hluttaw representatives :

(a) a person serving prison term, having beenconvicted by the Court concerned for having committed an offence;

(b) a person who has no right to be elected aPyithu Hluttaw representative due to having committed an offence relating todisqualification for the Pyithu Hluttaw representative and being convicted forsuch offence, unless the period specified by the authority for him has notexpired, before or after

the Constitution comes into operation;

(c) person who is of unsound mind as adjudged bythe relevant law;

(d) person who is an undischarged insolvent asbeing declared by the relevant court;

(e) person who owes allegiance to a foreigngovernment, or subject to a foreign government or a citizen of a foreigncountry;

 (f)person who is entitled to enjoy the rights and privileges of a subject of a foreigngovernment or a citizen of a foreign country;

(g) person himself or is of a member of anorganization who obtains and utilizes directly or indirectly the support ofmoney, land, housing, building, vehicle, property, so forth, from government orreligious organization or other organizations of a foreign country;

(h) person himself or is of a member of anorganization who abets the act of inciting, giving speech, conversing orissuing declaration to vote or not to vote based on religion for politicalpurpose;

(i) member of a religious order;

(j) Civil Services personnel; Proviso: Theexpression shall not be applied to Civil Services

personnel including the Defence Servicespersonnel selected and appointed in the Hluttaws and organizations formed underthe Constitution.

(k) person himself or is of a member of anorganization who obtains and utilizes directly or indirectly the State-ownedmoney, land, housing, building, vehicle, property, so forth; Proviso:

(i) The expression ‘State-owned money’ does notinclude pension, allowance, money or salary, allowances, money officiallygranted by the Union for services rendered for the benefit of the Union;

(ii) The expression ‘State-owned land, housing,building, vehicles and property’ does not include State-owned land, housing,building and apartments, other building and apartments, State-owned aircraft,trains, vessels and motor vehicles and property, so forth, which have beenpermitted

by the Union to be used under an existing law oras required by duty, or leased from the Union on payment.

(l) a person who has no right to be elected aPyithu Hluttaw representative due to having committed a malpractice under relatingto the Election Law or acting an omission relating to disqualification for aPyithu Hluttaw representative being convicted under the Election Law, theperiod specified

by the authority for him has not expired, beforeor after the Constitution comes into operation.

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