Article 10 Replacement of section 21 of Constitution.

Section 21 of the Constitution shall be replaced by the following:

“Delay in vacation of seat to allow for an appeal.

21

(1)

If circumstances such as are referred to in paragraph (g) of section 20(3) of this Constitution arise because a member is adjudged or declared bankrupt, certified insane or adjudged of unsound mind, is under sentence of death or imprisonment or is convicted or reported guilty of an offence relating to elections, and it is open to the member to appeal against the decision (either with or without the leave of a court or other authority), he shall forthwith cease to perform his functions as a member of the Legislative Assembly, but, subject to subsection (2) of this section, he shall not vacate his seat in the Assembly until the expiration of thirty days thereafter:

Provided that the Governor, acting in his discretion, may, at the request of the member, from time to time, extend that period to enable the member to pursue the appeal against the decision, save that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval of the Legislative Assembly.

(2)

If, on the determination of any appeal, such circumstances as aforesaid continue to exist and no further appeal is open to the member, or if for any reason, including the refusal of leave to appeal or the expiration of any time for entering an appeal, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.

(3)

If at any time before the member 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 subsection (1) and he may resume the performance of his functions as a member.”.