U-I-392/06

The incompatibility of certain offices entails a limitation of the right to be elected, which cannot be determined without a statutory basis. The incompatibility of the office of a locality council member with the office of a municipal council member, which is determined by the challenged fifth paragraph of Article 71 of the Charter, is not determined in the Local Government Act or the Local Elections Act. Therefore, the challenged provision of the Charter is inconsistent with the cited Acts. Due to the fact that the challenged provision limits the right to vote (Article 43 of the Constitution) without a statutory basis, it is evidently inconsistent with the third paragraph of Article 153 of the Constitution, which determines that regulations must be in conformity with the Constitution and laws.