Appointment Functions And Removal Of Supervisor Of Elections

Appointment, Functions And Removal Of Supervisor Of Elections

APPOINTMENT, FUNCTIONS AND REMOVAL OF SUPERVISOR OF ELECTIONS

PART 6

THE SUPERVISOR OF ELECTIONS

APPOINTMENT, FUNCTIONS AND REMOVAL OF SUPERVISOR OF ELECTIONS.

67.- 1. The Governor-General shall by notice published in the Gazette appoint a Supervisor of Elections on resolutions to that effect of both Houses of Parliament specifying the person nominated for appointment.

2. The Supervisor of Elections shall have and exercise such functions, powers and duties as may be provided by law.

3. The office of the Supervisor of Elections shall be a public office.

4. Subject to the provisions of subsection (6) of this section, the Supervisor of Elections shall vacate his office when he attains such age, or at the expiration of such term, as may be prescribed by Parliament.

5. A person holding the office of Supervisor of Elections may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior and shall not be so removed except in accordance with the provisions of this section.

6. The Supervisor of Elections shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to the Governor-General that he ought to be removed for inability as aforesaid or for misbehavior.

7. If resolutions of both Houses of Parliament are passed to the effect that the question of removing the Supervisor of Elections under this section ought to be investigated then-

a. the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

b. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the Supervisor of Elections ought to be removed under this section.

8. If the question of removing the Supervisor of Elections has been referred to a tribunal under this section, the Governor-General, acting in accordance with the advice of the Public Service Commission, may suspend the Supervisor of Elections from the exercise of the functions of his office and any such suspension may at any time be revoked by the Governor-General acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the Supervisor of Elections should not be removed.

9. If at any time the Supervisor of Elections is for any reason unable to exercise the functions of his office, the Governor-General shall by notice published in the Official Gazette appoint a person to act as Supervisor of Elections on resolutions to that effect of both Houses of Parliament specifying the person nominated for appointment, and any person so appointed shall, subject to the provisions of subsections (7) and (8) of this section, continue to act until the Supervisor of Elections has resumed his functions or until the appointment to act has been revoked by the Governor-General on resolutions to that effect by both Houses of Parliament.

Constitution of Antigua

1. The State and its Territory
2. Constitution is Supreme Law
3. Fundamental Rights and Freedoms of the Individual
4. Protection of Right to Life
5. Protection of Right to Personal Liberty
6. Protection from Slavery and Forced Labour
7. Protection from Inhuman Treatment
8. Protection of Freedom of Movement
9. Protection from Deprivation of Property
10. Protection of Person Or Property from Arbitrary Search Or Entry
11. Protection of Freedom of Conscience
12. Protection of Freedom of Expression Including Freedom of the Press
13. Protection of Freedom of Assembly And Association
14. Protection from Discrimination On the Grounds of Race, Sex Etc.
15. Provision to Secure Protection of the Law
16. Derogations from Fundamental Rights And Freedoms Under Emergency Powers
17. Protection of Persons Detained-under Emergency Laws
18. Enforcement of Protective Provisions
19. Protection from Derogations from Fundamental Rights and Freedoms Generally
20. Declaration of Public Emergency
21. Interpretation and Savings
22. Establishment Of Office
23. Acting Governor-general
24. Oaths
25. Deputy to Governor-General
26. Public Seal
27. Establishment of Parliament
28. Composition of the Senate
29. Qualifications for Appointment as Senators
30. Disqualifications from Appointment as Senators
31. Tenure of Office of Senators
32. Appointment of Temporary Senators
33. President and Vice-president
34. Attendance of Attorney-general at Proceedings of Senate
35. Attendance at Proceedings of Senate of Ministers who are Members of the House
36. Composition of the House
37. Attendance at Proceedings of the House of Ministers who are Senators
38. Qualifications for Election as a Member of the House
39. Disqualifications from Election as a Member of the House
40. Election of Members of the House
41. Tenure of Seats of Members of the House
42. Speaker and Deputy Speaker
43. Clerks to Houses of Parliament and their Staffs
44. Determination of Questions of Membership
45. Unqualified Persons Sitting or Voting
46. Power to Make Laws
47. Alternation of this Constitution and Supreme Court Order
48. Oath of Allegiance by Members of Parliament
49. Presiding in Senate and House
50. Quorum
51. Voting
52. Mode of Exercising Legislative Power
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