The former Union Election Commission was formed initially with Order No. 4/2016 dated 30.3.2016 by the President’s Office appointing U Hla Thein as chairman and U Aung Myint, U Soe Reh, U Tun Khin and U Hla Tint as commissioners, then with Order No. 14/2017 dated 14.6.2017 appointing U Myint Naing and U Than Htay as Commissioners. Then there was Order No. 8/2019 dated 8.3.2019 by the President’s Office appointing U Nyunt Sein, U Thet Tun, U Myint Aung, U Saw Daniel Kyi, U Aung Soe Win, U Than Aung, U Min Swe and U Swe Tint Lwin as commissioners, which made the former UEC composition as one chairman and 14 commissioners, 15 in total. [1]

 Among the abovementioned former chairman and commissioners, U Than Htay was elected in 1990 General Election representing National League for Democracy (NLD) in constituency No.2 of Lashio township. He then contested as candidate representing National League for Democracy (NLD) in Amyotha Hluttaw constituency No. 2 of Shan State in 2015 General Election but was not elected at that time; U Sai Wam Hlaim Kham from Shan National League for Democracy Party won the seat instead. According to the summarized biography attached to his candidate nomination, U Than Htay had served as member of Lashio 1990 Central Strike Committee, Chairman of Exhortation Sub Committee, elected Representative for Pyithu Hluttaw representing constituency No.2 of Lashio township in 1990, Chairman of Lashio Township Campaign Team, Member of Shan State Campaign Committee (Chair of Finance Team as well), Team Leader of No.1 Campaign Team of Shan State, responsible person for NLD Headquarters (assigned to Yangon) and for Legal Aid Team (assigned to Headquarters), Lawyer for political cases, Chairman of campaign team of northern Shan State in 2012 and chairman of campaign team of Lashio township in 2015. [2]

 After 2017 by-election, election sub commissions at all levels were re-constituted starting from November 2017. The former UEC has asked for the nominations for the State/Region Election Sub Commissions including Nay Pyi Taw Union Territory from the Region/State former Chief Ministers with the letters No. 4/yakapa(47)/ kamaya dated 27-11-2017 and to Chairman of Nay Pyi Taw Council with Letter No. 4 /yakapa(55)/kamaya dated 7.12.2017. The nominations by former chairman of Nay Pyi Taw Council and former chief ministers of State/Region (chairmen of NLD party of States/Regions as well) were sent.2 It was found that all these nominations were approved and former UEC issued the appointments for 7 States and Region Election Sub Commissions with notification No. (33/2017) dated 4.12.2017, the appointments for 7 States and Region Election Sub Commissions with notification No. (34/2017) dated 6.12.2017 and appointment for Nay Pyi Taw Union Territory with notification No. (5/2018) dated 9.1.2018 respectively. [3] [4]

 Similarly, the instructions on the formation of Self-administered Zones/Divisions, districts and township election sub commissions were sent to State/Region Election Sub Commissions including Nay Pyi Taw Union Territory with the letter No. 4 / yakapa (50)/ kamaya dated 4.12.2017, Letter No. 4 /yakapa (53)/ kamaya dated 6.12.2017, Letter No. 4 / yakapa (56)/ kamaya dated 8.12.2017 and Letter No. 4 /yakapa(1)/ kamaya dated 9.1.2018. It was found that the chairman (newly appointed at that time) and secretary of Region/State Election Sub Commissions were instructed to meet with former chief ministers of States/Regions and ask for the nominations, then to report the final list to Chief Ministers again and to send the list back to UEC only when it was approved. [5]

 Former UEC gave instructions to finalise the formation of ward/village tracts election sub commissions by 18.5.2018 to Region/State and Nay Pyi Taw Union Territory Election Sub Commissions with Letter No. 4 / yakapa (2)/ kamaya dated 7.2.2018 and Letter No. 4 / yakapa (16)/ kamaya dated 9.4.2018. It was found that ward/village tracts election sub commissions were formed by respective State/Region Election Sub Commission by getting the approval and consensus of Nay Pyi Taw Council, Region/State governments respectively and accordingly. [6]

 The previous Union Election Commissions (before former UEC which was formed in 2016) used to independently appoint the State/Region Election Sub Commissions, Union Territory Election Sub Commission, Self-administered Zones/Divisions, districts and township election sub commissions in accordance with the duties and responsibilities given by sub-section (c), Section 10 of Union Election Commission Law, and the Region/State Election Sub Commissions used to form the ward/village tracts election sub commissions to respective Regions/States in accordance with the policy guided by UEC, and only the personnel who met the criteria according to Section 16 of Union Election Commission Law were appointed. But it was found that the election sub commissions at various levels were formed in 2017 by taking the approval from respective local governments and it indicated that NLD party members, party hard cores, party coordinators and partisan people were appointed in order to favor the governing political party in electoral process.