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Election by district block representation system |
38A. (1) Where, under any
law for the time being in force, a date for a general election of
Members of Parliament has been appointed but constituencies have
not been established in accordance with subsection (3) of section
38 for the purposes of such election, the President may, after consultation
with the Electoral Commission, direct that such election shall be
conducted on the basis of the existing districts in a manner to
be known as the district block representation system instead of
constituencies.
(2) In the district block representation system, the election
shall be contested in each specified district by political parties
for the block or number of seats in Parliament allocated to the
district by or under an Act of Parliament and the political parties
shall be allocated seats in Parliament by the Electoral Commission
on the basis of their proportional share of the total district
vote.
(3) Members of Parliament for the seats won by a political party
in a district shall be determined by the Electoral Commission
from a list of the candidates of that political party for the
district submitted to the Electoral Commission before the date
of the election and showing the order of preference of the candidates.
(4) The number of candidates on the list referred to in subsection
(3) shall be not less than double the block or number of seats
allocated to the district so as to enable vacancies in Parliament
to be filled by the Electoral Commission from that list as and
when such vacancies occur.
(b) in section 43,
- by the deletion of the word "and" appearing at
the end of paragraph (a) of the proviso thereto;
- by the substitution for the full stop at the end of paragraph
(b) of the proviso thereto of a semicolon and the word "and",
and
- by the insertion immediately after paragraph (b) of the
proviso thereto of the following paragraph:—
(c) "Where any proceedings have been lawfully commenced
or taken for the purposes of the election and assumption of
office of a President, if in such proceedings, due to any exceptional
circumstances, a date has been appointed independently of paragraphs
(a) and (b) of section 43 for the holding of the elections,
such date shall be taken to be included in any period required
to enable the President to continue in office as if Parliament
has granted an extension of the presidential term of office
under section 49(2) for a period of four months commencing from
any date on which the presidential term would have otherwise
expired, but the foregoing shall be without prejudice to subsection
(3) of section 42."
PASSED in Parliament
this 21st day of December, in the year of our Lord Two Thousand
and One.
J.A. CARPENTER.
Clerk of Parliament
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