Constitution of Bangladesh, 1972 . Determination of questions respecting members of Parliament. [18][19], The admissible grounds for a petition are whatever "the Court in its discretion thinks just and sufficient", but are specified to include "illegal practices ... committed in connexion with the election". 30 of 1994 amended section 127 of the Constitution but this Act (No. 29 of 1999 amended the Constitution … The challenge to the 1975 Senate Election for South Australia was that large numbers of voters had been disenfranchised by having their names removed from the electoral roll. "[98] The Electoral Act was subsequently amended to allow a person who changed sub-divisions to be reinstated to the roll. The U.S. Constitution & Amendments: Read the Constitution (Continued) THE SENATE Section 3. The other candidates had emigrated to Australia and become citizens. [125] On 4 September MP Barnaby Joyce and senators Nash and Xenophon were also referred. 30 of 1994) was subsequently repealed by section 3 of Act No. The Emperor may delegate the performance of his acts in matters of state as may be provided by law. The Kenya Law Reform Commission Act, 2013, Report Administrative Malpractice About KLRC. Constitution of the Independent State of Papua New Guinea ... An Organic Law may be altered only by another Organic Law, or by an alteration to this Constitution. [46], William Hedges challenged the election of Reginald Burchell, alleging that duplicate voting had taken place. To understand the United States of America, start with the Constitution. In 1902 the Parliament provided that the High Court would be the federal Court of Disputed Returns. [1] The polling booth at Ni Ni was opened one week later however voters registered at other polling places were not permitted to vote. 29 of 1999 (66A, 66B, 66C and 66D) Section 3 of Act No. [Constitution] Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. As Day had given personal guarantees to creditors, it was likely that he would be declared bankrupt and thus ineligible to keep his seat as a senator. This jurisdiction was initially established by Part XVI of the Commonwealth Electoral Act 1902 and is now contained in Part XXII of the Commonwealth Electoral Act 1918. (1) Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. The exceptions were the divisions of Kalgoorlie and Northern Territory which were divided into sub-divisions due to their large geographic area. The second ground of disqualification was the decision of the Court of Disputed Returns that at the time of his election, Culleton, having been convicted, in his absence, of larceny, was "subject to be sentenced" for an offence punishable by imprisonment for one year or longer. 4. 16. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article. [20] "Illegal practices" are defined as actual or attempted "bribery and undue influence" by a successful candidate, who may then be criminally prosecuted; but, unless there is actual or attempted "bribery or corruption" by the candidate or with their knowledge and approval, the Court has to be "satisfied that the result of the election was likely to be affected, and that it is just that the candidate should be declared not to be duly elected or that the election should be declared void". Barwick CJ took a narrow approach to the construction of section 44(v),[68] concluding that a person was disqualified if "that person could conceivably be influenced by the Crown in relation to Parliamentary affairs. (2) If a right or fundamental freedom of a person has been or is likely to be adversely affected by administrative action, the person has the right to be given written reasons for the action. The Court held that (1) the loss of the ballot papers meant that 1,370 electors had been prevented from voting, (2) the records of the earlier scrutinies could not be used by the court. Fullagar J held the petition had no prospects of success and observed that the effect of the petition would be to impose a religious test for parliamentarians contrary to Section 116 of the Constitution. The Court held in Vardon v O'Loghlin that O'Loghlin had been invalidly appointed and ordered a supplementary election. 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