Section 258:

258. Contract with Government—On an election petition to declare a Legislative Council election null and void and claiming the seat of the sitting member for the reason that he was a party to a contract with the Government of Mauritius for and on account of the public service and had failed, within one month of the election day, to publish a notice setting out the nature of such contract and his interest in it as prescribed by section 24 (c) (i) of the Mauritius (Constitution) Order in Council 1958. HELD (i) election day for the purpose of section 24 (c) (i) of the Mauritius (Constitution) Order in Council 1958, is not the polling day but the day fixed in the writ of election as election day coinciding with the day for the nomination of candidates; and as the required notice of the contract was published only after the statutory delay reckoning from “election day” had expired, the respondent was disqualified, and his election was accordingly null and void; (ii) as there was no satisfactory proof that notice of the disqualification of the respondent and the fact of any vote that would be given to him was given to a sufficient number of electors to justify the claim to the sitting member’s seat, there should be a fresh election. Rajan v Dahal (1959).