Source -- Guyana Constitution

Election Commission.

Repeal and re-enactment of article 161of the Constitution

“Elections Commission”

161. (1) There shall be an Elections Commission for Guyana consisting of a Chairman, who shall be full-time Chairman and shall not engage in any other form of employment and such other members as maybe appointed in accordance with the provisions of this article.

(2) Subject to the provisions of paragraph (4), the Chairman of the Elections Commission shall be a person who holds or who has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge, or any other fit and proper person, to be appointed by the President from a list of six persons, not unacceptable to the President, submitted by the Leader of the Opposition after meaningful consultation with the non governmental political partied represented in the National Assembly

Provided that if the Leader of the Opposition fails to submit a list as provided for, the President shall appoint a person who holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge. (3) In addition to the Chairman, there shall be six members of the Commission who shall be appointed in the following manner-

(a) three members to be appointed by the President, acting in his own deliberate judgement; and

(b)three members to be appointed by the President acting in accordance with the advice of the Leader of the Opposition tendered after meaningful consultation with non governmental political parties represented in the National Assembly.

(4) A person shall be disqualified for appointment as the Chairman or other member of the Commission if he is an alien.

(5) The Chairman or any other member of the Elections Commission shall vacate his office if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.

 (6) The provisions of article 255 (which relate to removal from office) shall apply to the office of the Chairman or other members of the Elections Commission and for the purposes of paragraphs (4) and (6) of that article, the prescribed authority shall be the Prime Minister: Provided that in the case of the members referred to in paragraph (3) (b), the Prime Minister shall meaningfully consult the Leader of the Opposition before tendering any advice to the President under article 255 (4).

(7) If, by reason of his illness, absence from Guyana, or suspension under article 255, the Chairman or any other member of the Elections Commission is unable to perform his functions as such, a temporary Chairman or other member, as the case may be, may be appointed in his place. (8) The provisions of this article shall apply in relation to the appointment of a temporary Chairman or other member of the Elections Commission, and to a temporary Chairman or other member appointed in accordance with this article, as they apply in relation to the Chairman or other member, as the case may be, of the Elections Commission in whose place he is appointed:

Provided that his appointment shall have effect only for the period ending when the person in whose place he has been appointed resumes his functions as, or ceases to be, the Chairman or other member, as the case may be, of the Commission”.