the draft constitution of the commonwealth of grenada

established by the Assembly for disciplining
the behaviour of its members.
(2) Where a person ceases to be a directly elected
member of the National Assembly either by resignation, illness or
death, as the case may be, or is otherwise disqualified from being a
member in accordance with the Standing Orders established by the
National Assembly for disciplining the behaviour of its members, a
by-election shall be held within thirty days of that person ceasing
to be a member of the Assembly unless the cessation occurred
within three months before the beginning of the period within
which a general election is required to be held under Section (1) of
this Chapter.
(3) Subject to Section (50), a directly elected member
of the National Assembly shall be directly elected by secret ballot
by persons entitled to vote under this Constitution.
(4) Where a person who is not a directly elected
member of the National Assembly ceases to be a member of the
Assembly either by resignation, illness or death, as the case may
be, or is otherwise disqualified from being a member in accordance
with the Standing Orders established by the National Assembly for
disciplining the behaviour of its members, the Leader of the
political party in the Assembly, of which that proportionately
elected member was a member at the time of election, shall advise
the President of the name of the person chosen to be the new
member of the Assembly.
(5) Where the seat of a directly elected member of the
National Assembly becomes vacant under this section, the Speaker
shall, as soon as is practicable within seven days after the
vacancy occurs, notify the Supervisor of Elections 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 to the High
Court within thirty days of the date of the
certificate seeking a declaration that he or
she is still a member of the National
(b)
Assembly; and
the High Court determines that the person is
still a member of the National Assembly and
that the person still occupies the seat.
(7) Until the final determination of an application
referred to in subsection (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.
(8) (1) The High Court shall have jurisdiction to
hear and determine whether –
(a)
a person has been validly elected as a
member of the National Assembly;
or
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