Section 293: Allocation of eight remaining seats – First Schedule—After the general

293. Allocation of eight remaining seats – First Schedule—After the general election some seats remained to be allocated. The Electoral Commission recommended that the first 4 seats be allocated to the 4 candidates who were the most successful of those unreturned candidates belonging to the appropriate communities in respect of the remaining 4 seats. The Electoral Supervisory Commission sought directions as to whether any further seats could be allocated. HELD paragraph 5 (4) of the First Schedule of the Constitution requires the appointment of a candidate belonging to the most successful party and the appropriate community – that is an alliance MSM/MMM candidate who is a Muslim – and no such person is available. While recognising that the Stonehouse Agreement 1966 was unwittingly not implemented in full, it is not up to the Judiciary to write important substantive provisions into the First Schedule of the Constitution – particularly when they relate to matters over which Parliament could only legislate by a three quarters majority. Ex parte: Electoral Supervisory Commission and Electoral Commissioner (1991).