Revised Laws of Saint Lucia (2021)

39.   Determination of questions of membership

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    (1)   The High Court shall have jurisdiction to hear and determine any question whether—

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      (a)     any person has been validly elected as a member of the House;

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      (b)     any person has been validly appointed as a Senator;

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      ©     any person who has been elected as Speaker from among persons who were not members of the House was qualified to be so elected or has vacated the office of Speaker;

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      (d)     any Senator or any elected member of the House has vacated his or her seat or is required, under the provisions of section 27(3) or 34(3), to cease to perform any of his or her functions as a member of the Senate or of the House.

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    (2)   An application to the High 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.

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    (3)   An application to the High Court for the determination of any question under subsection (1)(b) or (1)(c) may be made by any registered voter or by the Attorney General.

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    (4)   An application to the High Court for the determination of any question under subsection (1)(d) may be made—

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      (a)     by a registered voter or by the Attorney General; or

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      (b)     in relation to the Senate, by a Senator and in relation to the House, by a member of the House.

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    (5)   If any application is made by a person other than the Attorney General to the High Court for the determination of any question under this section, the Attorney General may intervene and may then appear or be represented in the proceedings.

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    (6)   The circumstances and manner in which and the imposition of conditions upon which any application may be made to the High Court for the determination of any question under this section and the powers, practice and procedure of the High Court in relation to any such application shall be regulated by such provision as may be made by Parliament.

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    (7)   An appeal shall lie as of right to the Court of Appeal from any final decision of the High Court determining such a question as is referred to in subsection (1).

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    (8)   No appeal shall lie from any decision of the Court of Appeal in exercise of the jurisdiction conferred by subsection (7) and no appeal shall lie from any decision of the High Court in proceedings under this section other than a final decision determining such a question as is referred to in subsection (1).

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    (9)   In the exercise of his or her functions under this section, the Attorney General shall not be subject to the direction or control of any other person or authority.

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    (10)   In this section “registered voter” means a person registered as a voter in accordance with section 33(2)(a).