The Speaker has informed the Parliament that certain clauses in the Local Authorities Elections (Special Provisions) Bill are inconsistent with the Constitution.
While conveying the Supreme Court’s determination, the Speaker further said that they require a special majority in Parliament to be passed.
The Speaker announced the Supreme Court’s determination in Parliament today (Feb 14).
Following the announcement of the Supreme Court’s determination, Parliament will debate the Local Authorities Elections (Special Provisions) Bill next Monday.
The subject Minister will be granted the authority to call for new nominations for the elections if the Bill is passed in Parliament.
The Speaker’s full announcement;
I wish to announce that I have received the determination of the Supreme Court on the Bill titled “Local Authorities Elections (Special Provisions)” challenged in the Supreme Court under Article 121 (1) of the Constitution, which had been heard before a bench of three Judges.
Accordingly, two Judges constituting the majority of the bench held that:
The Bill read as a whole and, in particular, Clauses 2 and 3 is inconsistent with Article 12(1) of the Constitution and can be only passed with the special majority required under paragraph (2) of Article 84.
The remaining Judge of the bench had held that:-
The Bill as a whole or any provision thereof is not inconsistent with the provisions of the Constitution and may be enacted with a simple majority of Parliament.
I order that the full determination of the Supreme Court be printed in the official report of today’s proceedings. (Newswire)