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State & Politics

Article 31 - Expiry of mandate

Article 31

Expiry of mandate

 

   (1) The mandate of a member of the State Parliament may expire as a result of
a) the end of the legislative period of the State Parliament,
b) the dissolution of the State Parliament,
c) a judgement of the Constitutional Court whereby 
    1. the electoral process which led to his election is annulled or his election is declared invalid, 
    2. the loss of his mandate is declared,
d) a decision of the electoral authorities of the State as provided for in paragraph 2,
e) end of leave of absence in the case of a deputy appointed on the basis of leave of absence of a member of the State Parliament.
f) death or
g) resignation.
   (2) The electoral authorities shall decide that a deputy has lost his mandate if he 
a) loses his eligibility for office after his election, 
b) fails to take the oath in accordance with Art 20,
c) is absent from two or more consecutive sessions of the State Parliament, which have taken place more than one month apart, and he is not on holiday, and has failed to comply with the President’s spoken request, addressed to the absent member in a public session of the State Parliament, to either appear at the next session or to justify his absence; this request may be made, at the earliest, in the second session of the State Parliament not attended by the member in question.
   (3) A deputy’s resignation from the exercise of his mandate must be made in writing. It takes effect when the declaration is handed in person by the member to the electoral authorities of the State.

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