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votes validly cast in that election: Provided that if two or more parties
have polled an identical number of votes, the unallocated seat shall be
allocated to the party whose constituency candidates have won the
highest number of constituencies.
(14) The allocation of proportional representation
seats under this section shall be strictly in accordance with the
Party Lists, and names of independent candidates, submitted to
the Commission, on nomination day. No account shall be taken of
arrangements communicated to the Commission after nomination
day in this regard:
Provided that nothing in this subsection shall prevent
there being arrangements between political parties and
independent candidates which or who have won constituency seats
or have been allocated proportional representation seats.
Part 11
Determination of Questions of Membership of Parliament
Determining
questions of
membership
of
Parliament.
101. (1) The High Court shall have jurisdiction to hear
and determine any question whether -
(a)
(b)
(c)
any person has been validly elected
as a Representative;
any person has been validly elected as
a
Senator;
any person who has beenelected
as Speaker from among persons who
are neither Representatives nor Senators
was qualified to be so elected or has
vacated the office of Speaker; or
anymemberofthe National
Assembly has vacated his seat or
is required, under the provisions of
subsection (4) of section 70 of this
Constitution,tocease to perform
any of his functions as a member of the
Assembly.
(d)
101
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