Section 41: Functions of Electoral Supervisory Commission and Electoral

41. Functions of Electoral Supervisory Commission and Electoral Commissioner (1) The Electoral Supervisory Commission shall have general responsibility for, and shall supervise, the registration of electors for the election of [Issue 1] CON – 38 Revised Laws of Mauritius members of the Assembly and the conduct of elections of such members and the Commission shall have such powers and other functions relating to such registration and such elections as may be prescribed. (2) The Electoral Commissioner shall have such powers and other functions relating to such registration and elections as may be prescribed, and he shall keep the Electoral Supervisory Commission fully informed concerning the exercise of his functions and shall have the right to attend meetings of the Commission and to refer to the Commission for their advice or decision any question relating to his functions. (3) Every proposed Bill and every proposed regulation or other instrument having the force of law relating to the registration of electors for the election of members of the Assembly or to the election of such members shall be referred to the Electoral Supervisory Commission and to the Electoral Commissioner at such time as shall give them sufficient opportunity to make comments thereon before the Bill is introduced in the Assembly or, as the case may be, the regulation or other instrument is made. (4) The Electoral Supervisory Commission may make such reports to the President concerning the matters under their supervision, or any draft Bill or instrument that is referred to them, as they may think fit and if the Commission so requests in any such report, other than a report on a draft Bill or instrument, that report shall be laid before the Assembly. (5) The question whether the Electoral Commissioner has acted in accordance with the advice of or a decision of the Electoral Supervisory Commission shall not be enquired into in any Court of law. [S. 41 amended by Act 48 of 1991.]