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Commission that he, who was selected by
that party from its current Party List,
should have his seat in the Assembly
declared vacant, and that his seat in the
Assembly should be allotted to another
person selected by that party from the
undepleted portion of that List to fill that
vacancy:
Provided that if that List is already depleted, then,
that party may submit the name of an additional person to replenish
the List under subsection (4) of section 98 of this Constitution fill the
vacancy; the Commission so notifying the Speaker; and the Speaker
declaring the seat vacant and acting in accordance with subsection (7)
of section 93 of this Constitution.
(3) In the exercise of his powers to declare vacant the
seat of a member of the Assembly under the provisions of paragraphs
(d) and (e) of subsection (2) of this section, the Speaker shall act in
accordance with the notification of the Electoral and Boundaries
Commission.
(4)
(a) If any of the circumstances such as are
referred to in paragraph (c) of subsection (2)
of this section arises because a member of the
Assembly is under sentence of death or
imprisonment, adjudged to be of unsound
mind, declared bankrupt or convicted or
reported guilty of an offence relating to
elections, it shall be open to the member to
appeal against the decision (either with the
leave of a court of law or other authority or
without such leave), and notwithstanding that
he shall forthwith cease to perform his
functions as a member, subject to the
provisions of this section, he shall not vacate
his seat until the expiration of a period of
thirty days after the arising of such
circumstance:
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