Regulations
for the Elections to the National Consultative Assembly (to be convened) in
accordance with the August Prescript of His Imperial Majesty (Muzaffaru'd-Din Shah), may God immortalize his reign, issued
on the 14th of Jumada ii, A.H. 1324 (=August 5, A.D. 1906) are as follows.
FIRST SECTION.
Rules governing the Elections.
Art. I. The electors of the nation in
the well-protected realms of Persia
in the Provinces and Departments shall be of the following classes: (i) Princes and the Qajar tribe:
(ii) Doctors of Divinity and Students: (III) Nobles and Notables: (iv)
Merchants: (v) Landed proprietors and peasants: (vi) Trade-guilds.
Note 1. The tribes in each province are
reckoned as forming part of the inhabitants of that province, and have the
right to elect, subject to the established conditions.
Note 2. By "landed proprietor" is
meant the owner of an estate, and by "peasant" the tiller of the
soil.
Art. 2.
The electors shall possess the following qualifications: (i)
their age must not fall short of 25 years: (ii) they must be Persian subjects:
(iii) they must be known in the locality: (iv) the landed proprietors and
peasants amongst them must possess property of the value of at least one
thousand tumans (=about L200): (v) the merchants
amongst them must have a definite office and business: (vi) the members of
trade-guilds amongst them must belong to a recognized guild, must be engaged in
a definite craft or trade, and must be in possession of a shop of which the
rent corresponds with the average rents of the locality.
ART. 3. The
persons who are entirely deprived of electoral rights are as follows: (i) women: (ii) persons not within years of discretion, and
those who stand in need of a legal guardian: (iii) foreigners: (iv) persons
whose age falls short of twenty-five years: (v) persons notorious for
mischievous opinions: (vi) bankrupts who have failed to prove that they were
not fraudulent: (vii) murderers, thieves, criminals, and persons who have
undergone punishment according to the Islamic Law, as well as persons suspected
of murder or theft, and the like, who have not legally exculpated themselves:
(viii) persons actually serving in the land or sea forces.
The persons who are conditionally deprived of
electoral rights are as follows: (i) governors, and
assistant governors, within the area of their governments: (ii) those employed
in the military or police within the area of their appointments.
ART. 4. Those elected must possess the
following qualifications: (i) they must speak
Persian: (ii) they must be able to read and write Persian: (iii) they must be
Persian subjects of Persian extraction: (iv) they must be locally known: (v)
they must not be in government employment: (vi) their age must be not less than
thirty or more than seventy: (vii) they must have some insight into affairs of
State.
ART. 5. Those persons who are debarred
from being elected are: (i) women: (ii) foreign
subjects: (iii) those who are actually serving in the land or sea forces: (iv)
fraudulent bankrupts: (v) persons who have been guilty of murder or theft;
criminals; persons who have undergone punishment conformably with the Islamic
Law; and persons suspected of murder, theft and the like, who have not legally
exculpated themselves: (vi) those whose age falls short of thirty: (vii) those
who are notorious for evil doctrine, or who live in open sin.
ART. 6. The number of persons elected by
the people in the different parts of Persia
shall correspond with the total number of the inhabitants of that locality. In
each province (ayalat) six or twelve persons shall be
elected in accordance with the following table, save in the case of Tihran, when the number of those elected shall be as
follows: (i) Princes and members of the Qajar family, 4: (ii) doctors of Divinity and students, 4:
(iii) merchants, 10: (iv) land-owners and peasants, 10: (v) trade-guilds, 32 in
all, one from each guild.
In other provinces and departments the
numbers shall be as follows: (i) Azarbayjan,
12: (ii) Khurasan, Sistan, Turbat, Turshiz, Quchan, Bujnurd, Shahrud and Bistam, 12: (iii) Gilan and Talish, 6: (iv) Mazandaran, Tunkabun, Astarabad, Firuzkuh and Damawand, 6: (v) Khmsa, Qazwin, Simnan and Damghan, 6: (vi) Kirman and Baluchistan, 6: (vii) Fars and
the Persian Gulf Ports, 12: (viii) 'Arabistan, Luristan and Burujird, 6: (ix) Kirmanshahan and Garrus, 6: (x)
Kurdistan and Hamadan, 6: (xi) Isfahan,
Yazd, Kashan, Qum and Sawa, 12: (xii) 'Iraq, Mala'ir, Tuy Sirkan,
Nihawand, Kamra, Gulpayagan and Khwansar, 6.
ART 7. Each elector has one vote and can
only vote in one class.
ART 8. The
number of those elected to the National Consultative Assembly throughout the
whole well-protected realms of Persia
shall not exceed two hundred. In the individual towns of each province not
exceed two hundred. In the individual towns of each province each class shall
assemble separately, elect one representative, and send him to the chief town
of that province. The delegates so elected must reside in the town for which
they are elected, or in the environs of the town. Three delegates thus elected
in the individual towns of the elect members for the National Consultative
Assembly according to the number specified in the above table for each
province, so that they may present themselves to the National Consultative
Assembly, and, during the period of their appointment, may discharge their duty
and function, which is to guard the rights of the Government and the Nation.
The electors are not absolutely compelled to
elect (a deputy) out of their own class or guild.
ART. 9. In every place where elections
are carried out, a Council (anjuman) shall be formed
of well-known local representatives of the six classes of electors to supervise
the elections. This Council shall be under the temporary supervision of the
Governor or Deputy-Governor of that place. In this way two Councils shall be
formed, one local and one provincial, the former in each of the individual
towns in the province, the latter in the chief town of the province.
ART. 10. Complaints in connection with
the elections shall not interfere with the carrying out of the elections; that
is to say, the Councils mentioned above in Art. 9 shall investigate such
complaints without suspending the elections.
ART. 11. Should anyone complain of the
local Council, he shall refer his complaint to the provincial Council, and if
his application be without effect, it shall be referred to the National
Consultative Assembly.
ART. 12. If any Member of the National
Consultative Assembly should resign or die, and if more than six months
intervene before the next (general) elections, the Members of the Assembly
shall elect (in his place) one form his province.
ART. 13. The local and provincial
Councils shall send the names of the electors and the elected of each
department to the Record Office (daftar-khana) of the
National Consultative Assembly, where their names shall be arranged in
alphabetical order, and shall be printed and published for the information of
the public. So likewise, after the conclusion of the elections, the local
Council shall, within the space of one week, communicate the result of the
election to the provincial Council.
ART. 14. Those elected in the individual
towns of the province must be provided with a certificate from the local
Council: and in like manner those elected in the chief towns of the provinces
must be provided with a certificate from the provincial Council, which they
must produce in the National Consultative Assembly.
ART. 15. The lection of the persons
designated shall be by a majority of votes.
ART. 16. After the election of the
Members of the National Consultative Assembly, the names of those elected shall
be recorded in the Registry of the Assembly, and shall be announced in the
newspapers.
ART. 17. The National Assembly of
Elector shall be established in all towns where there is a resident Governor,
which are divided into two categories. The local Governor, having regard to
local requirements, is empowered to fix the place of the Court of Electors.
ART. 18. The time and place of the
election must be made known to all the people on month beforehand by the local
government, by means of printed leaflets and other suitable channels of
advertisement.
ART. 19. Those elected to represent the
Capital and the various provinces shall proceed to Tihran
as quickly as possible. Since those elected in the provinces must be elected in
accordance with the Regulations, and since consequently some considerable time
will necessarily elapse before they can present themselves, therefore the
representatives of Tihran shall be elected, and the
Assembly constituted immediately, so that it may proceed to discharge its
functions until the provincial representatives shall present themselves, nor
shall the delay in the arrival of these latter cause the Assembly to be
inactive.
ART. 20. The living expenses and annual
allowance of the Members of the National Consultative Assembly depends on the
determination and sanction of the Assembly itself.
ART. 21. The period for which the
National Representatives are appointed shall be two years, after which period
fresh elections shall take place throughout the whole of Persia.
ART. 22. Complaints regarding the
Assembly and its Members respecting the carrying out of the Elections, etc.,
must, in so far as they refer to the Assembly, be submitted in writing to the
President of the Assembly, so that the subject of complaint may be investigated
in the National Consultative Assembly and judgement thereon delivered.
ART. 23. No Member of the Assembly can
be arrested or detained on any pretext without the permission of the Assembly,
unless he shall publicly commit some crime or misdemeanour.
All written or spoken statements of Members
of the Assembly on the affairs of the Government and the Nation shall be free,
except in cases where such writings or statements of any Member shall be
contrary to the public good, and, according to the enactments of the Most
Luminous Law (of Islam) shall deserve punishment. In such cases, by permission
of the Assembly, persons of this description shall be brought before the Court
of Cassation.
ART. 24. Government officials and
employees of government offices who are elected in a representative capacity as
members of the Assembly shall quit their previous service, and while employed
in this capacity shall have no right to intervene or concern themselves in
their former office or in any other (similar) service, otherwise their
representative function and membership shall be null an void.
SECOND SECTION.
The conduct of the Election and registration
of votes, and the conditions thereof.
ART. 25. The election of Members of the
National Consultative Assembly in the Capital, and in the towns of large,
moderate or small size, will take place in the presence of the Governor, or
Deputy-Governor, under the supervision of the Council (anjuman)
mentioned in Art. 9.
ART. 26. Election shall be by votes, and
by absolute or relative majority. In case of an equality of votes, the
determination of the elected (candidate) shall be effected by a (second) voting.
ART. 27. The Polling day for the
Election of Members to the Assembly and the recording of votes shall, in
whatever year it takes place, be on a Friday,
with due observance of the following arrangements.
First, the voting shall take place in the
presence of the Governor, the local council and the electors who are present.
Secondly, for the organization of the
electoral court the Councils (anjumans) mentioned in
Art. 9 shall be responsible.
Thirdly, the voting-paper shall be of white
paper having no sign.
Fourthly, each of the voters shall inscribe
his vote on this voting paper outside (i.e. before he enters) the Court of
Electors, and shall give who shall be designated (for that purpose), who, in
the presence of all, shall throw it into the ballet-box.
Fifthly, one of the Members of the Council (anjuman) mentioned in Art. 9 shall compare the names of
those voting with a list furnished to him.
ART. 28. Before the votes are taken, one
of the Members of the Council shall lock the ballet-box, which shall be sealed
by two others, while another Member of the Council shall take charge of the
key.
ART. 29. After the voting has been
concluded, the lid of the box shall be opened, the voting-papers shall be
counted in the presence of all, and the majority and minority shall be verified
by the list (of perons entitled to vote), while
several of those present shall, under the supervision of the Council, and in
the presence of all, set themselves to work out the result of the voting.
ART. 30. Voting-papers on which nothing
is written, or which bear illegible inscriptions, or which fail to specify
clearly the name of the Candidate voted for, or on which the voter has inscribed
his own name, shall not be taken into account, but shall be noted in the
minutes. Thereafter the result of the election shall be proclaimed in a loud
voice, and shall be declared by the president of the Court of Electors.
ART. 31. Should the number of Members
elected by the people exceed the number fixed upon, those persons will be
regarded as elected who possess seniority of age. Otherwise, should the
occasion allow, the votes will be recounted. If, after the votes have been
recounted, it appears that the number of voting-papers exceeds the number of
electors, the election shall be regarded as null and void, and a fresh election
shall be held.
ART. 32. The Members elected for Tihran shall choose from amongst themselves one President,
two Vice-presidents, and four Secretaries, and the Assembly shall then be
opened under the Honorary Presidency of His Imperial and Most Sacred Majesty
(may God immortalize his reign!).
ART. 33. The President, the two
Vice-presidents, and the Secretaries of the National Consultative Assembly
shall, with the approval of the Members of the Assembly, be changed once a
year. In renewing the election of the persons above-mentioned, it is understood
that regard shall always be paid to the majority of votes of the Assembly.
Dated the 19th of the month of
Rajab, A.H. 1324
(=Sept.
8, A.D. 1906).
"In the Name of God, the Merciful,
the Forgiving.
"To the Right Honourable
the Sadr-i-A'zam (Prime Minister).
These Regulations are correct."
Rajab 20, A.H. 1324 (=Sept. 9, A.D. 1906).
(Place of the Royal Signature.)