Section 246:
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
246. Want of qualification or disqualification of candidate not elected –
Ground for invalidation of elected candidate—The respondent was elected
with a majority of 22 votes over the candidate who polled the next highest
number of votes. Two other candidates, however, who had polled together
53 votes were found to have been disqualified for want of literacy as required by section 23 (d) of the Mauritius (Constitution) Order in Council,
1958.
HELD the election had taken place in breach of the law and that in view
of the number of votes polled by the disqualified candidates being superior to
the majority of votes obtained by the respondent the result of the election
might have been affected and the election was accordingly null and void.
Moignac v Leal (1964).
CON – 233 [Issue 1]
The Constitution