Section 311: Election and revocation of office of speaker—On 4 December 1990
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.
311. Election and revocation of office of speaker—On 4 December 1990
the Legislative Assembly passed a motion, pursuant to section 32 (3) (d) of
the Constitution removing the Speaker from office. At the same sitting the
defendant was elected Speaker. The plaintiff argued that (1) the Constitution
of Mauritius (Amendment No. 2) Act 1990 relating to the removal of the
Speaker contravened section 3 of the Constitution, and (2) the election of
the defendant to the office of Speaker contravened section 32 (4) of the
Constitution.
HELD section 32 (3) (d) gives to two thirds of the members of the Assembly the absolute right to determine that they would prefer to carry on
their business under the Chairpersonship of some other person. This does
not deny the Speaker the protection of law. The real purport of section 32 (4) is that there should be no delay in filling the vacancy, and that
the event would normally take place at the next sitting. There is nothing to
prevent the replacement of the Speaker at the first sitting of the Assembly
after a general election provided adequate notice has been given. Duval v
Seetaram (1991).
H. Vacancy