community and to the party to whom the person to whom the seat was allocated at
the last general election belonged:
Provided that, where no candidate of the appropriate community who belongs to
that party is available, the seat shall be allocated to the most successful unreturned
candidate available who belongs to the appropriate community and who belongs to
such other party as is designated by the leader of the party with no available
candidate.
(8)
The appropriate community means, in relation to the allocation of any of the 8
seats, the community that has an unreturned candidate available (being a person of
the appropriate party, where the seat is one of the second 4 seats) and that would
have the highest number of persons (as determined by reference to the results of
the published 1972 official census of the whole population of Mauritius) in relation to
the number of seats in the Assembly held immediately before the allocation of the
seat by persons belonging to that community (whether as members elected to
represent constituencies or otherwise), where the seat was also held by a person
belonging to that community:
Provided that, if, in relation to the allocation of any seat, 2 or more communities
have the same number of persons as aforesaid preference shall be given to the
community with an unreturned candidate who was more successful than the
unreturned candidates of the other community or communities (that candidate and
those other candidates being persons of the appropriate party, where the seat is
one of the second 4 seats).
(9)
The degree of success of a party shall, for the purposes of allocating any of the 8
seats at any9 general election of members of the Assembly, be assessed by
reference to the number of candidates belonging to that party returned as members
to represent constituencies at that election as compared with the respective
numbers of candidates of other parties so returned, no account being taken of a
party that had no candidates so returned or of any change in the membership of the
Assembly occurring because the seat of a member so returned becomes vacant for
any cause, and the degree of success of an unreturned candidate of a particular
community (or of a particular party and community) at any general election shall be
assessed by comparing the percentage of all the valid votes cast in the
constituency in which he stood for election secured by him at that election with the
percentages of all the valid votes cast in the respective constituencies in which they
stood for election so secured by other unreturned candidates of that particular
community (or as the case may be, of that particular party and that particular
community), no account being taken of the percentage of votes secured by any
unreturned candidate who has already been allocated one of the 8 seats at that
election or by any unreturned candidate who is not a member of a party:
Provided that if, in relation to the allocation of any seat, any 2 or more parties have
the same number of candidates returned as members elected to represent
constituencies, preference shall be given to the party with an appropriate
unreturned candidate who was more successful than the appropriate unreturned
candidate or candidates of the other party or parties.