Section 314: Computation of time period—The applicant sought a determination as

314. Computation of time period—The applicant sought a determination as to whether the seat of the respondent in the National Assembly had become vacant under section 35 (1) (e) of the Constitution. The Assembly sat on 11 occasions between 14 July 1992 and 2 February 1993 and the respondent was absent from all but the last of those sittings. On 9 July 1992 the respondent had applied to the Speaker for leave of absence for a period exceeding 3 months in order to fulfil overseas commitments, and in October 1992 sought a further period of 10 months leave of absence in order to complete studies. The Court found that the respondent did have leave of absence until 28 July 1992 but thereafter he was absent without leave. [Issue 1] CON – 246 Revised Laws of Mauritius The issue was whether the respondent had been absent without leave for 3 months and whether the sitting of 26 January 1992 could be taken into account in computing the 3 months time period as the sitting was an unscheduled sitting called to discuss a matter of public importance at very short notice. HELD the time period in section 35 (1) (e) does not provide for the exclusion of periods of adjournment. Where a National Assembly member is absent without leave the time period begins to run and stops at the sitting which takes place at the expiry of 3 months. The sitting of 26 January was a colourable device and the period of notice so short and unreasonable that it must be excluded from computation of the 3 months leave of absence. Attorney-General v Ramgoolam (1993).