“If you read Article 105 of the Constitution, the question of determination of membership in a House of Parliament is the responsibility of the High Court. Article 105(1)(b) of the Constitution reads: “The High Court shall hear and determine any question whether the seat of a member has become vacant.” The time limit for such a determination is six months. However, if they contest it in court, they can hang on as the slow wheels of justice turn and turn at the High Court. “The Registrar of Political Parties cannot declare the seat vacant. The Political Parties Act requires that any MP who wants to resign must notify the party or the Clerk of the relevant House.

Source: Standard Digital May 06, 2017 20:25 UTC