Section 37: Determination of questions as to membership

37. Determination of questions as to membership (1) The Supreme Court shall have jurisdiction to hear and determine any question whether— (a) any person has been validly elected as a member of the Assembly; (b) any person who has been elected as Speaker or Deputy Speaker was qualified to be so elected or has vacated the office of Speaker or Deputy Speaker, as the case may be; or (c) any member of the Assembly has vacated his seat or is required, under section 36, to cease to perform his functions as a member of the Assembly. (2) An application to the Supreme Court for the determination of any question under subsection (1) (a) may be made by any person entitled to vote in the election to which the application relates or by any person who was a candidate at that election or by the Attorney-General and, where it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings. (3) An application to the Supreme Court for the determination of any question under subsection (1) (b) may be made by any member of the Assembly or by the Attorney-General, and, where it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings. (4) An application to the Supreme Court for the determination of any question under subsection (1) (c) may be made— (a) by any member of the Assembly or by the Attorney-General; or (b) by any person registered in some constituency as an elector, and, where it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings. (5) Parliament may make provision with respect to— (a) the circumstances and manner in which and the imposition of conditions upon which any application may be made to the Supreme Court for the determination of any question under this section; and (b) the powers, practice and procedure of the Supreme Court in relation to any such application. (6) A determination by the Supreme Court in proceedings under this section shall not be subject to an appeal: [Issue 1] CON – 36 Revised Laws of Mauritius Provided that an appeal shall lie to the Judicial Committee in such cases as may be prescribed by Parliament. (7) In the exercise of his functions under this section, the AttorneyGeneral shall not be subject to the direction or control of any other person or authority. [S. 37 amended by Act 48 of 1991.]