Section 47: Voting

47. Voting (1) Save as otherwise provided in these Orders, all questions proposed for decision in the Assembly shall be determined by a majority of the votes of the Members present and voting as hereafter provided in this section. (2) The question shall be put by the Chairperson or, in a Committee by the chairperson and the vote shall be taken by voices, Ayes and Noes, and the result shall be declared by the Chairperson or the chairperson. (3) If the opinion of the Chairperson or the chairperson as to the decision on the question is challenged by any Member, the division on the question is challenged by any Member, the division bells shall be rung for 2 minutes and a division shall, subject to the provisions of paragraph (2) of this Order, be taken by the Clerk asking each Member separately in accordance with precedence, beginning with the Member who stands last in that order. [Issue 2] R30 – 46 Revised Laws of Mauritius (4) A Member may state that he declines to vote and in such case the Clerk shall record his name as having declined to vote. (5) No Member of the Assembly shall be precluded from so voting by reason only that he holds the Office of Chairperson or Deputy Chairperson or is presiding in the Assembly. (6) If the votes cast are equally divided, the vote and the casting vote of the Chairperson or the person presiding shall be exercised as laid down in sections 15 and 57 of the Act. (7) If the Chairperson or the Chairperson is of opinion that a division is unnecessarily claimed, he may, as soon as the division bells have ceased to ring, take the votes of the Assembly by calling successively upon those Members who support and upon the Members who challenge his decision to rise in their places, and may thereupon, as he thinks fit, either declare the determination of the Assembly or direct the Clerk to proceed in paragraph (1) of this Order. (8) If a Member states that he voted in error or that his vote has been counted wrongly, he may claim to have his vote altered, provided that his claim is made as soon as the numbers of the votes have been announced and before the Chairperson or the chairperson has declared the result of the division. (9) A Member shall not vote on any matter in which he may have a direct personal pecuniary interest, but a motion to disallow a Member’s vote on this ground shall be made only as soon as the numbers of the Members voting on the question shall have been declared. (10) If the motion for the disallowance of a Member’s vote shall be agreed to, the Chairperson or the person presiding shall direct the Clerk to correct the numbers voting in the division accordingly. (11) In deciding whether a motion for the disallowance of a Member’s vote shall be proposed from the Chair, the Chairperson, shall have regard to the provision of section 56 of the Act.