Tenure of Seats of Members of the House

Tenure of Seats of Members of the House

Tenure of Seats of Members of the House

Tenure of Seats of Members of the House

TENURE OF SEATS OF MEMBERS OF THE HOUSE

41.- 1. Every member of the House shall vacate his, seat in the House-

a. at the next dissolution of Parliament after he has been elected;

b. if he ceases to be a citizen;

c. if he is absent from the sittings of the House for such period or periods and in such circumstances as may be prescribed in the rules of procedure of the House;

d. subject to the provisions of subsection (2) of this section, if any circumstances arise that, if he were not a member of the House, would cause him to be disqualified from election as such by virtue of section 39(1) of this Constitution; or

e. if, having been elected to the House by virtue of being a member of a political party, he resigns his party whip and withdraws his allegiance from that party:

Provided that he shall not be required to vacate his seat so long as he remains an independent member of the House.

2. a. If circumstances such as are referred to in subsection (1) (d) of this section arise because a member of the House is convicted of a felony or of any other offence involving dishonesty, sentenced to death or imprisonment, adjudged to be of unsound mind, or declared bankrupt, or is convicted of any offence relating to elections in circumstances that disqualify him for election to the House, and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member of the House but, subject to the provision of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Provided that the Speaker may, at the request of the member from time to time, extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the House.

b. If on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal to leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.

c. If at any time before the member of the House vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a member of the House.

3. Where an elected member of the House vacates his seat in the House pursuant to the provisions of paragraph (b) to (e) of subsection (1) of this section or of subsection (2) of this section or where the seat of an elected member of the House is vacant for any other reason except a dissolution of Parliament, there shall be a by-election to fill the seat in the House vacated by that member and the by-election shall be held no later than one hundred and twenty days after the day on which the seat of the member of the House became vacant unless Parliament is sooner dissolved.

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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