2010 ED] CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [CAP 167
(5) Where the seat of a directly elected member of the National
Assembly becomes vacant under this article, the Speaker shall, as
soon as is practicable within seven days after the vacancy occurs,
notify the Electoral Commissioner of this fact.
(6) A certificate under the hand of the Speaker certifying that a
person has ceased to be a member of the National Assembly shall
be conclusive evidence of this fact and of the fact that the seat held
by that person is vacant unless(a) the person makes an application under article 82
to the Constitutional Court within thirty days of the
date of the certificate; and
(b) the Constitutional Court determines that the person
is still a member of the National Assembly and that
person still occupies that seat.
(7) Until the final determination of an application referred to in
clause (6) (a) the person who made the application shall continue
to be a member of the National Assembly in respect of the seat for
which the person was elected.
82. (1) The Constitutional Court shall have jurisdiction to hear and
determine whether(a) a person has been validly elected as a member of the
National Assembly; or
(b) the seat of a member of a National Assembly has
become vacant.
(2) An application under clause (1) (a) may, in the case of –
(a) a directly elected member, be made by any person
entitled to vote at an election in the electoral area for
which the member was returned, any person who was
returned, any person who was a candidate at the
election in the electoral area or the Attorney-General;
or
73
Determination
of question as
to membership
3/7/1994