Section 36: Appeals

36. Appeals (1) Subject to this Act, an appeal shall lie to a Judge in Chambers in vacation, or, in term time, to the Court from a decision of a registration officer on a claim or objection which has been considered by him under this Act. (2) No appeal shall lie where a claimant or objector has not availed himself of the opportunity, as provided in this Act, of being heard by the registration officer on the claim or objection. (3) A claimant or objector desiring to appeal against the decision of a registration officer shall give written notice of appeal to the registration officer and to any opposite party within 5 days after the decision, specifying the grounds of appeal. [Issue 1] R20 – 16 Revised Laws of Mauritius (4) The registration officer shall immediately forward the notice to the Registrar of the Court together with a statement of the material facts which, in his opinion, have been established in the case, and of his decision upon the whole case and upon any point which may be specified as a ground of appeal, and shall also furnish to the Court or Judge any further information which the Court or Judge may require and which he is able to furnish. (5) Where it appears to the registration officer that 2 or more notices of appeal given to him are based on similar grounds, he shall inform the Registrar of the Court of the fact for the purposes of enabling the Court or Judge, if the Court or Judge thinks fit, to consolidate the appeals or to select a case as a test case. (6) On any appeal under this section, the registration officer shall be a party to the proceedings if there is no other respondent. (7) The right of a person whose name is for the time being on the register to vote at an election shall not be prejudiced by an appeal pending under this section, and a vote given at an election in pursuance of that right shall be as valid and effective as if no such appeal were pending, and shall not be affected by the subsequent decision of the appeal. (8) Notice shall be sent to the registration officer by the Registrar of the Court of the decision of the Court or Judge on an appeal under this section, and the registration officer shall make such alterations in the electors’ list or the register, as the case may be, as may be required to give effect to the decision. (9) (a) The jurisdiction vested in the Court or a Judge, and any duty imposed upon the Registrar of the Court, by this section shall, in Rodrigues, vest in the Magistrate appointed for the purpose and be performed by the district clerk of the Court of Rodrigues respectively. (b) A decision of the Magistrate in the exercise of his jurisdiction under this subsection shall be final and not subject to appeal.