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The court upheld Electoral Commission appointments as compliant with Articles 60 and 89; petition dismissed and each party bears own costs.
Electoral Commission appointments — Article 60(2) qualifications: high moral character, proven integrity, experience and competence — burden of proof on challenger; parliamentary approval — delegation to Appointments Committee under Article 90 and Rules of Procedure; no requirement for full House vote under Article 89.
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29 September 2015 |
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Court upheld Electoral Commission appointments and ruled Appointments Committee lawfully approves nominees under Articles 60 and 90.
Constitutional law – Article 60(1),(2) – Qualifications for Electoral Commission members (high moral character, proven integrity, experience and competence) – burden on challenger to prove lack thereof; Constitutional law – Article 90 and 89 – delegation of parliamentary approval to Standing Committee – Rules of Parliament (Rules 137, 141, 146) – validity of committee approval on behalf of Parliament; Administrative law – judicial review – limits on court interference in internal parliamentary procedures where consistent with Constitution.
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29 September 2015 |