Section 7a
“Change of a member’s political party, etc.
of Constitution (Amendment) (NO.3) Act 2022
Subject to the provisions of this section, a member of the Legislative Assembly shall cease to be a member of that
Legislative Assembly and his seat shall become vacant immediately on a date a casual vacancy is established by the Speaker under subsection (3) if—
(a)
having been elected to the Legislative Assembly as a member of a political party—
(i)
he resigns as a member of the political party; or
(ii)
he ceases to be a member of the political party; or
(b)
having been elected to the Legislative Assembly otherwise than as a member of a political party, he joins a political party as a member.
Constitution (Amendment) (No. 3)
(2)
A member of the Legislative Assembly shall not cease to be a member of that Legislative Assembly pursuant to this section only by reason of—
(a)
the dissolution or cancellation of the registration of his political party;
(b)
his resignation from the membership of his political party upon election as a Speaker; or
(c)
the expulsion of his membership of his political party.
(3)
Whenever the Speaker receives a written notice from any member of the Legislative Assembly on the occurrence of a casual vacancy among the members of the Legislative Assembly under this section, the Speaker shall establish that there is such a casual vacancy and notify the Election Commission accordingly within twenty one days from the date he received the written notice.
(4)
For the purposes of holding an election under subsection (5) of section 9, such casual vacancy shall be filled within sixty days from the date the Election Commission receives the notification from the Speaker.”.