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Where Does The Expelled UDP MPs Fit Into This??? DRAFT CONSTITUTION

Where Does The Expelled UDP MPs Fit Into This???
DRAFT CONSTITUTION

Election of members of the National Assembly

137.
(1) The general election of all the members of the National Assembly shall be held on the same
day as an election to the Office of President, save where there is an alteration of the term of office of the
President as a result of death, resignation, removal on the ground of mental or physical incapacity or
impeachment of the President.

(2) Where the Independent Boundaries and Electoral Commission considers that an emergency
situation has arisen which makes it impossible for a general election to be held on the appointed day, it shall
make an application to the Supreme Court to postpone the general election.

Vacancy in the office of member of the National Assembly

139. (1) The office of a member of the National Assembly becomes vacant if –
(a) the member dies;
(b) the member renounces his or her Gambian citizenship;
(c) the member is declared to be of an unsound mind;
(d) the member resigns his or her office addressed as provided in section 334;
(e) the member accepts appointment in a private position, or in a regional or international
body other than in the capacity as a member of the National Assembly and following
the nomination or approval of the Assembly.

(3) The Supreme Court shall, upon receiving an application under subsection (2) –
(a) determine whether the emergency situation contained in the application is of such a
nature as to warrant postponement of the general election; and
(b) fix a new date for holding the general election, if it considers that the postponement of
the general election is warranted.
(4) If the Supreme Court determines that the emergency situation contained in the application
of the Independent Boundaries and Electoral Commission is not of a nature that warrants postponement of
the general election, it shall make an order directing that the general election be held on the appointed day
and the Commission shall comply.
(5) The process and procedures for the conduct of general election and other related matters
shall be such as may be provided in an Act of the National Assembly.
(6) The provisions of this section are subject to section 138.

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