Section 32: Mandamus – Representation of the People Ordinance, 1958 – The
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.
32. Mandamus – Representation of the People Ordinance, 1958 – The
Emergency Powers (Legislative Assembly) Regulations, 1972 – Constitution
of Mauritius, sections 1, 35, 41 (3) – By-elections—The applicant had
moved the Court for an order of mandamus with a view to obtaining an alteration of the date which had been fixed for a by-election. It was submitted
that (i) the Emergency Powers (Legislative Assembly) Regulations, 1972, by
which it was sought to postpone the by-election beyond the time limit fixed
by section 41 (2) of the Representation of the People Ordinance, 1958, or (ii)
the Representation of the People (Amendment) Act, 1972, by which the time
limit was removed with retrospective effect, or both, were invalid.
HELD the Regulations were invalid, being in contravention of section 41 (3) of the Constitution, but the amending Act was valid as it was not
against the letter and spirit of the Constitution. Vallet v Ramgoolam (1973).