116

Article 116 1. The Electoral Commissioner - a. shall be responsible for the conduct and supervision of the registration of voters and of elections and referenda under this Constitution; b. shall keep under continuous review the number and boundaries of the electoral areas into which Mahé and Praslin are divided having regard to Article 112(3); c. shall keep under continuous review the practices and working, including such matters as finance, broadcast and advertising, of political campaigns in respect of elections and referenda under this Constitution; d. shall have such other functions as may be prescribed by or under this Constitution or an Act. 2. The Electoral Commissioner shall, within ninety days after each election or referendum under this Constitution, submit to the National Assembly and the President a report on the conduct of - a. the political campaign leading up to the election or referendum; and b. the election or referendum, together with such recommendations as the Commissioner may consider necessary for the purposes of ensuring true, fair and effective elections and referenda. 3. The Electoral commissioner shall, not later than three years after the coming into force of this Constitution and thereafter three years. after the Commissioner last submitted a report in terms of clause (1)(b), submit to the National Assembly and the President a report in terms of clause (1)(b) together with such recommendations regarding changes in the number or boundaries of the electoral area on Mahé and Praslin which the Commissioner considers necessary in the circumstances. 4. As soon as is practicable within thirty days after the submission of the report under clause (3) the President shall cause to be laid before the National Assembly the draft of an order by the President for giving effect to the recommendations contained in the report relating to changes in the number or boundaries of the electoral areas referred to in the report and the draft may make provision for any matter which appears to the President to be incidental to or consequential upon the other provisions of the draft. 5. When the draft order laid before the National Assembly under clause (4) is approved by resolution of the National Assembly, the President shall make an order, which shall be published in the Gazette, in terms of the draft and the order shall come into force on the next dissolution of the National Assembly after the order is so published. 6. Where the draft order laid before the National Assembly under clause (4) is not approved by resolution of the National Assembly, the President shall refer the matter to the Electoral Commissioner for its reconsideration.