candidates at a general election, of any question incidental to any such application
or declaration made in relation to that general election, and the determination of the
Judge shall not be subject to appeal.
3.
4.
5.
Communities
(1)
Every candidate for election at any general election of members of the Assembly
shall declare in such manner as may be prescribed which community he belongs to
and that community shall be stated in a published notice of his nomination.
(2)
Within 7 days of the nomination of any candidate at an election, an application may
be made by an elector in such manner as may be prescribed to the Supreme Court
to resolve any question as to the correctness of the declaration relating to his
community made by that candidate in connection with his nomination, in which case
the application shall (unless withdrawn) be heard and determined by a judge of the
Supreme Court, in such manner as may be prescribed, within 14 days of the
nomination, and the determination of the Judge shall not be subject to appeal.
(3)
For the purposes of this Schedule, each candidate at an election shall be regarded
as belonging to the community to which he declared he belonged at his nomination
as such or, if the Supreme Court has held in proceedings questioning the
correctness of his declaration that he belongs to another community, to that other
community, but the community to which any candidate belongs for those purposes
shall not be stated upon any ballot paper prepared for those purposes.
(4)
For the purposes of this Schedule, the population of Mauritius shall be regarded as
including a Hindu community, a Muslim community and a Sino-Mauritian
community; and every person who does not appear, from his way of life, to belong
to one or other of those 3 communities shall be regarded as belonging to the
General Population, which @shall itself be regarded as a fourth community.
Provisions with respect to nominations
(1)
Where it is so prescribed, every candidate for election as a member of the
Assembly shall in connection with his nomination make a declaration in such
manner as may be prescribed concerning his qualifications for election as such.
(2)
There shall be such provision as may be prescribed for the determination by a
returning officer of questions concerning the validity of any nomination of a
candidate for election as a member of the Assembly.
(3)
Where a returning officer decides that a nomination is valid, his decision shall not
be questioned in any proceedings other than proceedings under section 37.
(4)
Where a returning officer decides that a nomination is invalid, his decision may be
questioned upon an application to a judge of the Supreme Court made within such
time and in such manner as may be prescribed, and the determination of the judge
shall not be subject to appeal.
Allocation of 8 additional seats