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Reply to "New GECOM Chairman"

Excerpt from the constitution

Source --- http://pdba.georgetown.edu/Con...Guyana/guyana96.html

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CONSTITUTION (AMENDMENT) ACT 1995

Act No. 15 of 1995

AN ACT to alter the Constitution in accordance with articles 66 and 164.

Enacted by the Parliament of Guyana: ––

1. This Act may be cited as the Constitution (Amendment) Act 1995. Alteration of the Constitution.

2. During the period commencing on the date on which this Act comes into operation and ending on the date of the enactment of a new Constitution for Guyana or on the expiry of three months from the date of the next General Election, whichever is earlier, the Constitution shall have effect as if ––

  1. for the article 161 the following article was substituted ––

    161.

    1. There shall be an Elections Commission for Guyana consisting of a Chairman and such other members as may be appointed in accordance with the provisions of this article.
    2. Subject to the provisions of paragraph (4), the Chairman of the Elections Commission shall be a person who holds or who has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge, or any other fit and proper person, to be appointed by the President from a list of six persons, not unacceptable to the President, submitted by the Minority Leader after consultation with the political parties represented in the National Assembly, other than the party to which the President belongs
      Provided that if the Minority Leader fails to submit a list as provided, for the President shall appoint a person who holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge.
    3. In addition to the Chairman, there shall be six members of the Commission who shall be appointed in the following manner ––
      1. three members to be appointed by the President, acting in his own deliberate judgment; and
      2. three members to be appointed by the President acting in accordance with the advice of the Minority Leader tendered after consultation with political parties represented in the National Assembly, other than the party to which the President belongs.
    4. A person shall be disqualified for the appointment as the Chairman or other member of the Commission if he is an alien.
    5. The Chairman or any other member of the Elections Commission shall vacate his office if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.
    6. The provisions of article 225 (which relate to removal from office) shall apply to the office of the Chairman or other members of the Elections Commission for the pur poses of paragraphs (4) and (6) of that article, the prescribed authority shall be the Prime Minister: 
      Provided that in the case of the members referred to in paragraph (3)(b), the Prime Minister shall consult the Minority Leader before tendering any advice to the President under article 225 (4).
    7. If, by reason of his illness, absence from Guyana, or suspension under article 225, the Chairman or any other member of the Elections Commission is unable to perform his functions as such, a temporary Chairman or other member, as the case may be, may be appointed in his place.
    8. The provisions of this article shall apply in relation to the appointment of a temporary Chairman or other member of the Elections Commission, and to a temporary Chai rman or other member appointed in accordance with this article, as they apply in relation to the Chairman or other member, as the case may be, of the Elections Commission in whose place he is appointed: 
      Provided that his appointment shall have effect only for the period ending when the person in whose place he has been appointed resumes his functions as, or ceases to be, the Chairman or other member, as the case may be, of the Commission.
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