Section 20: Proceedings in respect of disqualifications
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
20. Proceedings in respect of disqualifications
(1) (a) Proceedings may be instituted in the Supreme Court against any
person acting as a member of the Regional Assembly on the ground of his
being disqualified within the meaning of this section for so acting, and proceedings may be instituted in the Supreme Court on the like ground against
any person claiming to be so entitled.
(b) Proceedings under this section shall not be instituted after
6 months from the date on which the person so acted.
(2) Where in proceedings instituted under this section it is proved that
the defendant has acted as a member of the Regional Assembly, while
disqualified from so acting, the Court may—
(a) make a declaration to that effect and further declare that the
office in which the defendant has acted is vacant;
(b) grant an injunction restraining the defendant from so acting;
(c) order that the defendant shall forfeit to the Regional Assembly
such sum, not exceeding 10,000 rupees, as the Court thinks fit,
for each occasion on which he so acted while disqualified.
(3) Where in proceedings instituted under this section in the Supreme
Court, it is proved that the defendant claims to act as a member of the
Regional Assembly and is disqualified for so acting, the Court may make a
declaration to that effect and declare that the office in which the defendant
claims to be entitled to act is vacant and grant an injunction restraining him
from so acting.
(4) No proceedings shall be instituted under this section by any person
other than an elector in the Island Region of Rodrigues.
[Issue 7] R30 – 12
Revised Laws of Mauritius
(5) For the purposes of this section, a person shall be deemed to be
disqualified for acting as a member of the Regional Assembly—
(a) where he is not qualified to be, or is disqualified from being, a
member of the Regional Assembly, or from holding that office; or
(b) where he has ceased to be a member of the Regional Assembly,
or to hold that office for any of the reasons mentioned in
section 19.