36A.
Validity of previous elections
Notwithstanding any provision of this Constitution relating to the election of members of the
Assembly or to their tenure of office as members of the Assembly, where, in relation to any
general election held between 1 January 1967 and 30 September 1991, any person has
committed an offence against an electoral law by reason of any act or omission in relation
to the printing, publishing or posting of any bill, placard or poster, that act or omission shaft
not be held (a)
to have affected or to affect the validity of the election of that person to the
Assembly or of anything done by the Assembly or that member;
(b)
to have disqualified or to disqualify that person from membership of the Assembly.
Amended by [Act No. 16 of 1992]
37.
Determination of questions as to membership
(1)
The Supreme Court shall have jurisdiction to hear and determine any question
whether (a)
any person has been validly elected as a member of the Assembly;
(b)
any person who has been elected as Speaker or Deputy Speaker was
qualified to be so elected or has vacated the office of Speaker or Deputy
Speaker as the case may be; or
(c)
any member of the Assembly has vacated his seat or is required, under
section 36, to cease to perform his functions as a member of the Assembly.
(2)
An application to the Supreme Court for the determination of any question under
subsection (1)(a) may be made by any person entitled to vote in the election to
which the application relates or by any person who was a candidate at that election
or by the Attorney-General and, where it is made by a person other than the
Attorney-General, the Attorney-General may intervene and may then appear or be
represented in the proceedings.
(3)
An application to the Supreme Court for the determination of any question under
subsection (1)(b) may be made by any member of the Assembly or by the AttorneyGeneral, and, where it is made by a person other than the Attorney-General, the
Attorney-General may intervene and may then appear or be represented in the
proceedings.
(4)
An application to the Supreme Court for the determination of any question under
subsection (1)(c) may be made (a)
by any member of the Assembly or by the Attorney-General; or
(b)
by any person registered in some constituency as an elector,