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the draft constitution of the commonwealth of grenada

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(b) <strong>the</strong> seat <strong>of</strong> a member <strong>of</strong> <strong>the</strong> National<br />

Assembly has become vacant .<br />

(2) An application under subsection (1)(a) may,<br />

in <strong>the</strong> case <strong>of</strong> –<br />

(a)<br />

a directly elected member, be made<br />

by any person entitled to vote at an<br />

election in <strong>the</strong> electoral area for<br />

which <strong>the</strong> member was returned, any<br />

person who was a candidate at <strong>the</strong><br />

election in <strong>the</strong> electoral area or <strong>the</strong><br />

Attorney-General; or<br />

(b) a proportionately elected member,<br />

be made by any member or <strong>the</strong><br />

Attorney-General.<br />

(3) An application under subsection (1)(b) may,<br />

in <strong>the</strong> case <strong>of</strong> –<br />

(a)<br />

a directly elected member, be made<br />

by any member, any person entitled<br />

to vote at an election in <strong>the</strong> electoral<br />

area for which <strong>the</strong> member was<br />

returned or <strong>the</strong> Attorney- General;<br />

(b) a proportionately elected member,<br />

be made by any member, or <strong>the</strong><br />

political party <strong>of</strong> which <strong>the</strong><br />

proportionately elected member was<br />

a member at <strong>the</strong> time <strong>of</strong> election or<br />

<strong>the</strong> Attorney-General.<br />

(4) Where a person, o<strong>the</strong>r than <strong>the</strong> Attorney-<br />

General, makes an application under this<br />

Section, <strong>the</strong> Attorney-General may intervene<br />

and may appear or be represented in <strong>the</strong><br />

proceedings.<br />

(5) An Act may provide for –<br />

(a)<br />

(b)<br />

<strong>the</strong> circumstances and manner in<br />

which and <strong>the</strong> imposition <strong>of</strong><br />

conditions upon which an application<br />

may be made to <strong>the</strong> High Court for<br />

<strong>the</strong> determination <strong>of</strong> a question under<br />

subsection (1); and<br />

<strong>the</strong> powers, practice and procedure <strong>of</strong><br />

<strong>the</strong> High Court in relation to <strong>the</strong><br />

application.<br />

Election <strong>of</strong> Speaker<br />

and Deputy Speaker<br />

62.(1) When <strong>the</strong> National Assembly first meets after a<br />

general election and before it proceeds to <strong>the</strong> dispatch <strong>of</strong> any o<strong>the</strong>r<br />

business, it shall elect <strong>the</strong> Speaker <strong>of</strong> <strong>the</strong> National Assembly and<br />

<strong>the</strong> Deputy Speaker.<br />

(2) The Speaker may be elected from among <strong>the</strong><br />

members who are not Ministers, or from among persons who are<br />

not members <strong>of</strong> <strong>the</strong> National Assembly.<br />

49

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