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2005 SCJ 159
2005 MR 99
Record No. 89540
In the matter of:
(1)        Devianand Narrain
(2)        Adrien George Laval Legallant
(3)        Jean François Chevathyan
(4)        Ian Harvey Jacob(5)        Paveetree Dholah
(6)        André Patrick Mokeenah
(7)        Rolando Denis Marchand
(8)        Nicholas Raghoonauth
(9)        Dany Sylvie Marie
(10)    Roady Yvan Pierre Muneean
(11)    Ashok Kumar Subron
(12)    Rezistans Ek Alternativ, apolitical party
(1)          The Electoral Commissioner
(2)          The Electoral Supervisory Commission
(3)          The Returning 0fficer for Constituency No. 5,
 Mr. Anil Kumar Ujoodha
(4)          The Returning 0fficerfor Constituency No.8,
Mr. Maneesh Gobin
(5)          The Returning 0fficer for Constituency No. 17,
Mr. Vivekanand Kooloomuth
(6)          The Returning 0fficer for Constituency No. 20,
Mr. Indiren Sivaramen
            Regulation 12 of the National Assembly Elections Regulations 1968 (“The Regulations”) provides as follows in its paragraphs (4) and (5):
 (4)       Every candidate shall make and subscribe on his nomination paper a declaration –
(a)        that he is qualified;
(b)        in the case of a general election, of the party, if any, registered under theseregulations, to which he belongs, if he wishes in pursuance of paragraph 2(2) of Schedule 1 of the Constitution to declare such party;
(c)        in the case of a general election, as to which of the Hindu, Muslim, Sino-Mauritian or General Population communities he belongs;
(d)        that he has not been, and will not consent to be, nominated as a candidate for electionin more than one constituency;
(5)        If such declaration is not made in conformity with the provisions of the immediately preceding paragraph the nomination of such candidate shall be deemed to be void and of no effect.
(The particularly relevant parts have been set in bold)
Paragraph 11  of  the  same  regulation  further  provides in its sub-paragraphs (b) and(e) :
  (b) The returning officer shall be entitled to hold a nomination paper invalid only on one of the following grounds, that is to say-
(i)                  […….]
(ii)                [……..]
(iii)               that the nomination paper is not subscribed as required.
(c)           [……..]
(d)          [………]
(e)           (i) The  decision  of  the  returning officer that the nomination
paper of a candidate presenting himself for election is invalid may be questioned by that candidate within five days of that decision by way of motion to the Supreme Court for an order directing the returning officer to insert his name on the list of candidates for the said election(ii) A motion under this paragraph shall be heard by a single Judge of the Supreme Court.
Applicants Nos. 1 to 11 are members of applicant No. 12, a political party named Rezistans Ek Alternativ which has been duly registered with the Electoral Supervisory Commission for the forthcoming General Elections due to be held on 3 July 2005.  On 30 May 2005, the nomination day for those...
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