38 (6) Any application made to the Court of Disputed Returns under this section must be determined by the Court of Disputed Returns within 21 days of the date when the application is made to it. (7) A determination by the Court of Disputed Returns under this section is final and not subject to any appeal. (8) If the member of Parliament whose seat becomes vacant under subsection (1) makes an application to the Court of Disputed Returns under subsection (5), the member is taken to be suspended from Parliament pending the determination by the Court of Disputed Returns. Next candidate to fill vacancy 64.—(1) Subject to subsection (3), if the seat held by a member of Parliament who is a member of a political party becomes vacant, then the Electoral Commission must award that seat to the candidate of the same party who, in the most recent general election, is the highest ranked out of those candidates of that party who did not get elected to Parliament and who is still available to serve at the time of the vacancy (as may be determined by a written law governing elections), provided however that if no candidate in the most recent general election from that same political party is available, then a by-election must be held to fill the vacancy. (2) Subject to subsection (3), if the seat held by a member of Parliament who is an independent member becomes vacant during the term of Parliament, then a by-election must be held to fill the vacancy. (3) If the seat held by a member of Parliament becomes vacant more than 3 years and 6 months after the first meeting of Parliament following the most recent general election, then the seat so vacated shall remain vacant until the next general election. Vacancies in membership 65. Parliament may act despite a vacancy in its membership, and the presence at, or the participation in, its proceedings of a person not entitled to be a member does not invalidate the proceedings. Court of Disputed Returns 66.—(1) The High Court is the Court of Disputed Returns and has original jurisdiction to hear and determine— (a) by way of a petition, a question whether a person has been validly elected as a member of Parliament; and (b) by way of a proceeding, an application for a declaration on whether the seat of a member of Parliament has become vacant. (2) The validity of an election of a person as a member of Parliament may only be disputed by petition addressed to the Court of Disputed Returns and not otherwise.