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Postponement Of Municipal Elections: Privy Council Rejects Nando Bodha’s ‘Special Leave’ Application

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The decision was taken last Tuesday, the 31st of October, the King’s Privy Council rejected Nando’s request for a ‘special leave’. He was contesting the decision of the Supreme Court of Mauritius to refuse him a judicial review concerning the decision to postpone municipal elections.  Nando Bodha had applied for a Judicial Review which was rejected by the Supreme Court. Finally, the former MSM minister sought special Leave to the Privy Council. In this case the Prime minister was the Respondent.

After consideration of the Appellants’ application for permission to appeal the order made by the Supreme Court of Mauritius on 27 June 2023 and of the notice of objection filed by the Respondent, the judicial committee of the privy council which is made up of Lord Reed, Lady Rose, Lord Richards has made the following decision:

IT IS ORDERED that

1) Permission to appeal be REFUSED on the grounds that

(i) an appeal does not lie as of right, as there is no final decision on a question as to the interpretation of the Constitution; and

(ii) special leave to appeal is not granted, as the appeal does not raise an arguable point of law.

Another legal victory for Pravind Jugnauth’s government, and a costly defeat for Nando Bodha and the Rassemblement Mauricien with legal costs to pay.

Here is the  Privy Council Judicial committee decision:

bodha v pm mauritius PTA Order 31.10.23

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