Constitution of The BahamasIn briefCreates an Election Court of two judges to decide finally whether a person was validly elected to the House of Assembly or has lost their seat.
An Election Court, consisting of two Justices to the Supreme Court appointed by the Chief Justice or, if for any reason two such Justices are not available, one such Justice and the Chief Magistrate or a Stipendiary and Circuit Magistrate appointed by the Chief Justice, shall have jurisdiction to hear and determine any question whether-
An Election Court has jurisdiction (legal authority) to hear and decide the questions listed below. The Election Court is made up of two Justices of the Supreme Court appointed by the Chief Justice or, if for any reason two such Justices are not available, one such Justice together with the Chief Magistrate or a Stipendiary and Circuit Magistrate appointed by the Chief Justice. The questions are whether:
any person has been validly elected as a member of the House of Assembly; or
a person has been validly elected as a member of the House of Assembly; or
any member of the House of Assembly has vacated his seat or is required, under the provisions of Article 49(2) of this Constitution, to cease to perform his functions as a member.
a member of the House of Assembly has lost their seat, or must stop performing their functions as a member under Article 49(2) of this Constitution.
Subject to the following provisions of this Article and to the provisions of Article 49(1) of this Constitution, Parliament may make or provide for the making or provision, with respect to-
Subject to the rest of this Article and to Article 49(1) of this Constitution, Parliament may make provision, or provide for provision to be made, about:
the institution of proceedings for the determination of any question referred to in paragraph (1) of this Article; and
how proceedings to decide a question mentioned in paragraph (1) of this Article are started; and
the powers, practice and procedure of an Election Court in relation to any such proceedings.
the powers, practice and procedure of an Election Court in such proceedings.
The determination by an Election Court of any question referred to in paragraph (1) of this Article shall be final.
An Election Court's decision on any question mentioned in paragraph (1) of this Article is final.
Proceedings for the determination of any question referred to in paragraph (1) of this Article shall not be instituted except with the leave of a Justice of the Supreme Court.
Proceedings to decide a question mentioned in paragraph (1) of this Article can only be started with the leave (permission) of a Justice of the Supreme Court.
An appeal shall lie to the Court or Appeal on a point of law from the decision of a Justice of the Supreme Court granting or refusing leave to institute proceedings in accordance with this Article, but, subject as aforesaid, that decision shall be final.
A decision of a Justice of the Supreme Court to grant or refuse leave to start proceedings under this Article can be appealed to the Court of Appeal on a point of law. Apart from that, the decision is final.