39. Determination by the Supreme Court that the President was not duly elected or the election of the President was void

Where the Supreme Court in the exercise of its jurisdiction under Article 130 determines –

Upon the Supreme Court making any such determination as is referred to in paragraph (1) of this

For the purposes of Article 30(2) and notwithstanding the provisions of Article 31(4), the term of office of the new President shall be deemed to have commenced on the date on which the term of office of the person whose election was determined to have been void or undue would, but for such determination, have commenced.

The exercise, performance and discharge by any person of the powers, duties and functions of the office of President shall not be invalid by reason only of the fact that the Supreme Court subsequently determines that the election of such person as President was void or undue.

The provisions of this Article shall apply notwithstanding anything to the contrary in Article 40.