in the Island of Mauritius by virtue of any resolution under subsection (1)) to the
latest official census of the population of Mauritius by 20.
40.
41.
Electoral Commissioner
(1)
There shall be an Electoral Commissioner, whose office shall be a public office and
who shall be appointed by the Judicial and Legal Service Commission).
(2)
No person shall be qualified to hold or act in the office of Electoral unless he is
qualified to practise as a barrister in Mauritius.
(3)
Without prejudice to section 41, in the exercise of his functions under this
Constitution, the Electoral Commissioner shall not be subject to the direction or any
other person or authority.
Functions of Electoral Supervisory Commission and Electoral Commissioner
(1)
The Electoral Supervisory Commission shall have general responsibility for and
shall supervise, the registration of electors for the election of members of the
Assembly and the conduct of elections of such members and the Commission shall
have such powers and other functions relating to such registration and such
elections as may be prescribed.
(2)
The Electoral Commissioner shall have such powers and other functions relating to
such registration and elections as may be prescribed, and he shall keep the
Electoral Supervisory Commission fully informed concerning the exercise of his
functions and shall have the right to attend meetings of the Commission and to refer
to the Commission for their advice or decision any question relating to his functions.
(3)
Every proposed Bill and every proposed regulation or other instrument having the
force of law relating to the registration of electors for the election of members of the
Assembly or to the election of such members shall be referred to the Electoral
Supervisory Commission and to the Electoral Commissioner at such time as shall
give them sufficient opportunity to make comments thereon before the Bill is
introduced in the Assembly or, as the case ma be, the regulation or other
instrument is made.
(4)
The Electoral Supervisory Commission may make such reports to the President
concerning the matters under their supervision, or any draft Bill or instrument that is
referred to them, as they may think fit and if the Commission so requests in any
such report on a draft Bill or instrument, that report shall be laid before the
Assembly.
(5)
The question whether the Electoral Commissioner has acted in accordance with the
advice of or a decision of the Electoral Supervisory Commission shall not be
enquired into any court of law.
Amended by [Act No. 48 of 1991]
42.
Qualifications of electors