Chapter 001:04 - National Assembly (Validity of Elections)

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/413-chapter-104-national-assembly-validity-of-elections/file

L.R.O. 1/2012
LAWS OF GUYANA
NATIONAL ASSEMBLY (VALIDITY OF ELECTIONS) ACT
CHAPTER 1:04
Act
Reg. 40 of 1964
Amended by
16 of 1968
O. 50/ 1980
O. 80/1980


Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 49 ... 1/2012





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Index
of
Subsidiary Legislation
Page
National Assembly (Validity of Elections) Rules 31
(R. 5/1968)


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CHAPTER 1:04
NATIONAL ASSEMBLY (VALIDITY OF ELECTIONS) ACT
ARRANGEMENT OF SECTIONS
SECTION
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
Short title.
Interpretation.
Method of questioning validity of election.
Presentation and service of election petition.
Time for presentation of election petition.
Amendment of election petition.
Security for costs.
Service of petition.
Objections to security.
Dismissal of petition on failure to give security.
Substitution of petitioner on failure to give security.
Petition at issue.
Trial of petition.
Witnesses.
Power of Court to summon witnesses.
Obligation of witness to answer.
Elector not to be asked for whom he or she voted.
Expenses of witnesses.
Production of Election documents.
Scrutiny.
Withdrawal of petition.
Evidence required for withdrawal of petition.
Punishment for corrupt withdrawal.
Substitution of new petitioner on withdrawal of petition.
Report on withdrawal.
Abatement of petition.
Withdrawal and substitution of respondents before trial.
Avoidance of election of candidate for lack of qualification.
Re-allocation of seats in National Assembly.
Unlawful acts or omissions affecting results.
Effect and manner of exercise of Court’s powers.
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32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
Conclusion of trial of petition.
Costs of petition.
Further provision as to costs of petition.
Report of the Court to the Speaker.
Exemption from liability.
Removal of incapacity if acquitted on prosecution.
Observance of principles, practices and rules of U.K. Parliament.
Certain powers of the Court to be exercisable by a single judge.
Service of notices.
Costs.
Powers of Court.
Vacancy disputes.
__________________________
CHAPTER 1:04 NATIONAL ASSEMBLY (VALIDITY OF ELECTIONS) ACT

Reg. 40 of 1946
[O. 50/1980] An Act to provide for the determination of questions
relating to the validity of elections of members
of the National Assembly under a system of
proportional representation, to other matters affecting
such elections, to the allocation of seats of such
members in the Assembly, and to vacancies in such
seats.
[5TH DECEMBER, 1964]
Short title.
[16 of 1968]
Interpretation.
[O. 80/1980]
c.1:03
1. This Act may be cited as the National Assembly
(Validity of Elections) Act.
2. (1) In this Act—
“assistant agent” means an assistant agent appointed under
section 24(1) of the Representation of the People Act;
SECTION
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c. 1:03

c. 1:03

c. 1:03
c. 1:03
“candidate” means a person whose name is included in a list
of candidates submitted to the Chief Election Officer
under section 11 of the Representation of the People
Act and approved or, having effect as if approved, by
the Commission;
“Commission”, “election”, “election day”, “group of
candidates”, have the meanings respectively assigned
to them by section 2 of the Representation of the
People Act;
“costs” includes charges and expenses;
“Court” means the High Court;
“election agent” means an election agent appointed under
section 23(1) of the Representation of the People Act;
“elector” shall be construed as provided in the definition of
“election” in section 2 of the Representation of the
People Act;
“judge” means a judge of the Court;
“Registrar” means the Registrar of the Supreme Court;
“rules of court” has the same meaning as in article 163(4) of
the Constitution;
“Speaker” means the Speaker of the National Assembly.
(2) In this Act, any references to a corrupt or illegal
practice, or to illegal payments, employments or hirings shall
be construed according to the Representation of the People
Act.
c. 1:01
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Method of
questioning
validity of
election.
[16 of 1968
O. 50 of 1980]

Presentation
and service of
election
petition.
[16 of 1968
O. 50/1980]

c. 1:03
3. (1) Any question referred to in article 163(1) (a), (b)
and (c) of the Constitution may, in respect of an election
referred to in article 60(2) of the Constitution and with a view
to securing appropriate remedial orders, be referred to the
Court and shall thereupon be determined by it, in accordance
with this Act.
(2) Every such reference shall be by a petition
(hereinafter referred to as an election petition) presented to
the Court in accordance with this Act.
4. (1) An election petition may be presented by an
elector or by a candidate.
(2) The person hereinafter referred to as the
respondent is the representative of such list of candidates for
election as comprises the names of persons with whose
interests arising out of the election any contention in the
election petition conflicts; and if the petition complains of
any act or omission on the part of the Commission, or any
member thereof, or any such person as is mentioned in
article 162(1)(b) of the Constitution, the Chief Election
Officer shall, for the purposes of this Act, be deemed to be a
respondent and, if it questions the qualification of any
person to be elected to the National Assembly, he or she
shall, for the said purposes, be deemed a respondent.
(3) Reference in subsection (2) to the representative
of any list of candidates shall be construed as reference to
the person who was nominated or regarded as such for the
purpose of the Representation of the People Act, and the
foregoing provisions of this section shall, in his or her
absence or in respect of the performance under this Act of
any functions delegated by him or her to his or her deputy,
have effect as if for each reference in such provisions to the
representative there were substituted a reference to the
deputy representative.
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Time for
presentation of
election
petition.
[16 of 1968] c. 1:03 c. 1:03
(4) An election petition shall be in the prescribed
form, state the prescribed matters and be signed by the
petitioner or all of the petitioners if more than one, and shall
be presented by delivering it at the office of the Registrar;
and the Registrar or the officer of the registry of the Supreme
Court to whom the petition is delivered shall, if required,
give a receipt therefor.
(5) The Registrar shall cause a copy of the
petition to be transmitted to such persons as may be
prescribed and shall cause the petition to be published in the
prescribed manner.
(6) An election petition shall be served in such
manner as may be prescribed.
5. (1) Subject to this section, an election petition shall
be presented within twenty-eight days after the results of the
election out of which the matter in question on the petition
arose are published in the Gazette under section 99 of the
Representation of the People Act.
(2) If the petition questions the effect of the election
upon an allegation of a corrupt practice and specifically
alleges a payment of money or other reward to have been
made by the date referred to in subsection (1) in pursuance
or furtherance of the alleged corrupt practice, it may be
presented within twenty-eight days after the date of the
payment.
(3) An election petition questioning the effect of the
election upon an allegation of an illegal practice may, so far
as respects that illegal practice, be presented—
(a) within fourteen days after section
109(1) of the Representation of the
People Act has been complied with in
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c. 1:03

c. 1:03
relation to the election expenses of the
group of candidates comprised in any
list mentioned in section 5 with
reference to that election petition;
(b) if specifically alleging a payment of
money or some other act to have been
made or done since such compliance,
in the pursuance or in furtherance of
the alleged illegal practice, within
twenty-eight days after the date of
the payment or other act:
Provided that when there is an authorised excuse
for failing to make an election expenses return or election
expenses declaration section 109(1) of the Representation of
the People Act shall, for the purposes of this subsection, be
deemed to have been complied with on the date of the
allowance of the excuse, or, if there was such a failure in two
or more respects and the excuse was allowed at different
times, on the date of the allowance of the last excuse as
defined in section 110(4) of the Representation of the People
Act.
(4) Subsection (3) shall apply notwithstanding that
the act constituting the alleged illegal practice amounted to a
corrupt practice.
(5) For the purposes of this section, the allegation
that corrupt or illegal practices or illegal payments,
employments or hirings were committed in reference to the
election and had so extensively prevailed that they may
have affected, or have affected, the allocation of seats under
section 97 of the Representation of the People Act, shall be
deemed to be an allegation of corrupt practices,
notwithstanding that the offences alleged are or include
offences other than corrupt practices.
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Amendment of
election
petition.
Security for
costs.
Service of
petition.
[16 of 1968]

Objections to
security.
6. The Court may, at any stage before conclusion of
the trial of an election petition, allow the petitioner to alter or
amend the petition in such manner and on such terms as may
seem just:
Provided that no amendment for the purpose of
inserting an allegation of a corrupt or illegal practice in a
petition shall be allowed, unless made within the time within
which a petition might have been presented under section 5.
7. (1) At the time of presenting an election petition or
within three days afterwards the petitioner shall give security
for all costs which may become payable by him or her to any
witness summoned on his or her behalf or to any respondent.
(2) Security shall be of an amount of one thousand
dollars and shall be given in the prescribed manner by
recognisance entered into by any number of sureties not
exceeding four or by a deposit of money, or partly in one way
and partly in the other.
8. Within the prescribed time, not exceeding five days
after the presentation of an election petition, the petitioner
shall in the prescribed manner serve on the respondent a
notice of the presentation of the petition, and of the nature of
the security or proposed security, and a copy of the petition,
unless the Court otherwise directs on the application of the
petitioner.
9. (1) Within a further prescribed time, not exceeding
ten days after service of the notice of the presentation of the
petition, the respondent may object in writing to any
recognisance on the ground that any surety is insufficient or
dead or cannot be found or ascertained for want of a
sufficient description in the recognisance, or that the person
named in the recognisance has not duly acknowledged the
recognisance.
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Dismissal of
petition on
failure to give
security.

Substitution
of petitioner
on failure to
give security.
(2) An objection to the security shall be heard and
decided by a judge, whose decision shall be final, and if the
objection be allowed, the petitioner may, within such time as
may be allowed, remove the objection by giving further
security either in the form of an additional recognisance
with a surety or sureties approved by the judge, or by
deposit in the prescribed manner of such sum of money as
the judge may deem sufficient.
(3) The costs of hearing or deciding objections made
as to security shall be paid as ordered by the judge or, in the
absence of such order, shall form part of the general costs of
the petition.
10. (1) If security as in section 7 provided is not given
by the petitioner, or if any objection is allowed and not
removed as in section 9 provided, no further proceedings
shall, subject to section 11, be had on an election petition and
the respondent may apply to a judge for an order directing
the dismissal of the petition and for the payment of the
respondent’s costs.
(2) The costs of hearing and deciding such
application shall be paid and ordered by the judge or, in the
absence of such order, shall form part of the general costs of
the petition.
11. (1) On the hearing of an application under section
10 any person who might have been a petitioner in respect of
the matter to which the election petition relates may apply to
the judge to be substituted as a petitioner for the original
petitioner and the judge may, if he or she thinks fit, dismiss
the original petitioner from the petition and substitute as the
petitioner such applicant, who shall provide security in the
sum of one thousand dollars and subject to the like
conditions and to the same rights of objection as in the case of
the original petitioner.
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Petition at
issue.

Trial of
petition.
[16 of 1968]
(2) Such security shall be given within three days
of the making of the order of substitution and on the failure
of the applicant to comply with this subsection the petition
shall stand dismissed.
12. On the expiration of the time limited for
objections or, after objection made, on the objection being
disallowed or removed whichever last happens, the election
petition shall be at issue.
13. (1) An election petition shall be tried by the
Court in open court, without a jury, and notice of the time
and place of trial shall be given in the prescribed manner not
less than fourteen days before the day of trial.

(2) The Court may in its discretion adjourn the trial
from time to time, but the trial shall, so far as is practicable
consistently with the interests of justice in respect of the trial,
be continued from day to day on every lawful day, not being
a holiday observed by the Court, until conclusion:
Provided that an election petition may be presented and
heard and all other necessary proceedings thereunder may be
taken during any period appointed as a vacation to be
observed by the Court.
(3) The trial of an election petition shall be proceeded
with notwithstanding the prorogation of Parliament and
notwithstanding the resignation of any person as a member
of the National Assembly.
(4) On the trial of the petition, unless the Court
otherwise directs, any charge of a corrupt or illegal practice
may be gone into and evidence in relation thereto received,
before any proof has been given of agency on behalf of any
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Witnesses.
Power of Court
to summon
witnesses.

Obligation of
witness to
candidate in respect of the corrupt or illegal practice.
14. Witnesses shall be summoned and sworn in the
same manner as in an ordinary action within the jurisdiction
of the Court and shall be subject to the same penalties for
perjury.
15. (1) On the trial of an election petition the Court
may by order require any person who appears to it to have
been concerned in the election to attend as a witness and any
person refusing to obey this order shall be guilty of
contempt of court.
(2) The Court may examine any person so required
to attend or who is in court, although he or she is not called
or examined by any party to the petition.
(3) A witness may, after his or her examination by
the Court under subsection (2), be cross-examined by or on
behalf of the petitioner and respondent, or either of them.
(4) The Director of Public Prosecutions shall obey
any direction given him by the Court with respect to the
summoning and examination of any witness to give
evidence at the trial:
Provided that the examination of a witness may be
conducted by such counsel as the Director of Public
Prosecutions may appoint as his or her representative for
that purpose and it shall not be necessary for a person
appointed as the representative of the Director of Public
Prosecutions under any provision of this Act to produce any
commission or other proof of his or her having been so
appointed.
16. (1) A person called before the Court as a witness
respecting an election shall not be excused from answering
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answer.

c. 1:03
any question relating to any offence at or connected with the
election on the ground that the answer thereto may
criminate or tend to criminate him or her on the ground of
privilege:
Provided that—
(a) a witness who answers truly all
questions which he or she is required
by the Court to answer shall be
entitled to receive a certificate of
indemnity from the Court stating
that the witness has so answered; and
(b) an answer by a person to a question
put by or before the Court when
trying an election petition shall not,
except in the case of any criminal
proceedings for perjury in respect of
the evidence, be in any proceedings,
civil or criminal, admissible in
evidence against him.
(2) Where a person has received a certificate of
indemnity in relation to an election, and any legal proceeding
is at any time instituted against him for any corrupt or illegal
practice, or any illegal payment, employment or hiring, or
any offence under section 125 of the Representation of the
People Act or section 23 of this Act, committed by him
previously to the date of the certificate at or in relation to the
election, any court having cognisance of the case shall, on
production of the certificate, stay the proceeding and may, in
its discretion, award to the said person such costs as he or she
may have been put to in the proceeding.
(3) Nothing in this section shall be deemed to relieve a
person receiving a certificate of indemnity from any
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Elector not to
be asked for
whom he or
she
voted.
[16 of 1968]

Expenses of
witnesses.
Production of
election
documents.
incapacity under any law relating to elections or from any
proceedings (other than a criminal prosecution) to enforce
such incapacity.
17. No communication in contravention of section
77(2) (c) or (3) of the Representation of the People Act, and no
disclosure by any person of which list or lists of candidates he
or she voted or did not vote for, or intended or did not intend
to vote for, shall be admissible in evidence in any proceeding
on an election petition.

18. (1) The reasonable expenses incurred by any
person in appearing to give evidence at the trial of an election
petition, according to the scale allowed to witnesses in the
trial of civil actions before the Court may be allowed to such
person under the hand of a judge or the Registrar, and the
amount to be paid to any such witness shall be ascertained
and certified by the Registrar.
(2) The expenses of a witness called by a party
shall be deemed to be costs of the petition but the expenses of
a witness called by the Court shall be deemed part of the
expenses of the Court and paid out of moneys provided by
Parliament.
19. Any document or paper relating to an election and
required to be kept thereafter in safe custody by the Chief
Election Officer under section 102 of the Representation of
the People Act, may be inspected or produced under an order
of the Court for the purpose of an election petition and the
order may be made by a judge on his or her being satisfied by
evidence on oath that such inspection or production is
required for the purpose aforesaid:
Provided that the Chief Election Officer shall, after the
expiration of twelve months from the date of an election,
burn all such documents and papers relating thereto.
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Scrutiny.
c. 1:03
c. 1:03

Withdrawal of
petition.

Evidence
required for
withdrawal of
petition.
20. (1) On a scrutiny at the trial of an election petition
any tendered vote proved to be a valid vote shall, on the
application of any party to the petition be added to the poll
and any vote given on a ballot paper in contravention of
section 87(2) of the Representation of the People Act shall be
struck off.
(2) Any decision referred to in section 87(5)
of the Representation of the People Act shall be subject to
reversal by the Court on an election petition.
21. (1) A petitioner shall not withdraw an election
petition without the leave of the Court on special application,
made in the prescribed manner and at the prescribed time and
place.
(2) The application shall not be made until the
prescribed notice of the intention to make it has been given in
the prescribed manner.
(3) Where there are more petitioners than one, the
application shall not be made except with the consent of all
the petitioners.
(4) If a petition is withdrawn the petitioners shall be
liable to pay the costs of the respondent.
22. (1) Before leave for the withdrawal of an election
petition is granted, there shall be produced affidavits by all
the parties to the petition and their solicitors and by the
election agents of all the said parties who were candidates at
the election, but the Court may on cause shown dispense
with the affidavit of any particular person if it seems to the
court on special grounds to be just so to do.
(2) Each affidavit shall state that, to the best of the
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Punishment for
corrupt
withdrawal.
[6 of 1997]
deponent’s knowledge and belief, no agreement or terms of
any kind whatsoever has or have been made, and no
undertaking has been entered into, in relation to the
withdrawal of the petition; but if any lawful agreement has
been made with respect to the withdrawal of the petition, the
affidavit shall set forth that agreement, and shall make the
foregoing statement subject to what appears from the
affidavit.
(3) The affidavits of the applicant and his or her
solicitor shall further state the grounds on which the petition
is sought to be withdrawn.
(4) Copies of the said affidavit shall be delivered to
the Director of Public Prosecutions a reasonable time before
the application for the withdrawal is heard, and the Court
may hear the Director of Public Prosecutions, or his or her
duly appointed representative, in opposition to the allowance
of the withdrawal of the petition, and shall have the power to
receive the evidence on oath of any person or persons whose
evidence the Director of Public Prosecutions or his or her
representative may consider material.
(5) Where more than one solicitor is concerned for
the petitioner or respondent, whether as agent for another
solicitor or otherwise, the affidavit shall be made by all such
solicitors.
23. If any person makes any agreement or terms or
enters into any undertaking, in relation to the withdrawal of
an election petition, and such agreement, terms or
undertaking is or are for the withdrawal of the petition in
consideration of any payment, or in consideration that a seat
shall at any time be vacated, or in consideration of the
withdrawal of any other such election petition, or is or are
(whether lawful or unlawful) not mentioned in the
aforesaid affidavits, he or she shall be guilty of a
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Substitution of
new petitioner
on withdrawal
of petition.

Report on
withdrawal.
misdemeanour and shall be liable on conviction on
indictment to a fine of sixty-five thousand dollars and to
imprisonment for twelve months.
24. (1) On the hearing of the application for leave to
withdraw a petition any person who might have been a
petitioner in respect of the matter to which the petition relates
may apply to the Court to be substituted as the petitioner and
the Court may, if it thinks fit, substitute him accordingly.
(2) If the proposed withdrawal is in the opinion of
the Court the result of any agreement, terms or undertaking
prohibited by section 23 or induced by any corrupt bargain or
consideration, the Court may by order direct that the security
given on behalf of the original petitioner shall remain as
security for any costs that may be incurred by the substituted
petitioner, and that, to the extent of the sum named in the
security, the original petitioner and his or her surety shall be
liable to pay the costs of the substituted petitioner.
(3) If no such order is made with respect to the
security given by or on behalf of the original petitioner,
security to the same amount as would be required in the case
of a new petition and subject to the like conditions and to the
same right of objection shall be given by or on behalf of the
substituted petitioner within three days after the making of
the order of substitution and before he or she proceeds with
the petition; and if the substituted petitioner fails to comply
with this subsection the petition shall stand dismissed.
(4) Subject as aforesaid, a substituted petitioner
shall, as nearly as may be, stand in the same position and be
subject to the same liabilities as the original petitioner.
25. (1) Where an election petition is withdrawn, the
Court shall make a report to the Speaker.

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Abatement of
petition.

Withdrawal
and substitu-
tion of
respondents
before trial.
[16 of 1968]
(2) The report shall state whether in the opinion of
the Court the withdrawal of the election petition was the
result of any agreement, terms or undertaking or was in
consideration of any payment, or in consideration that a
seat should be at any time vacated or in consideration of
the withdrawal of any other such election petition or for any
other consideration, and if so, shall state the circumstances
attending the withdrawal.
26. (1) An election petition shall be abated by the death
of a sole petitioner or of the survivor of several petitioners.
(2) The abatement of the petition shall not affect
the liability of the petitioner or any other person to the
payment of costs incurred in respect of any proceeding taken
prior to the abatement.
(3) On the abatement of a petition the prescribed
notice thereof shall be given in the prescribed manner; and
any person who might have been a petitioner may, within the
prescribed time after the notice is given, apply to the Court in
the prescribed manner to be substituted as a petitioner; and
the Court may if it thinks fit, substitute him accordingly.
(4) Security shall be given on behalf of a petitioner
so substituted as in the case of a new petition.
27. (1) If before the trial of an election petition—
(a) a respondent other than the Chief
Election Officer gives the prescribed
notice that he or she does not intend
to oppose the petition or dies, the
Registrar shall give notice thereof in
the prescribed manner and any
person who might have been a
petitioner in respect of the election
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Avoidance of
election
candidate for
lack of
qualification.
[16 of 1968]
may, within the prescribed time after
the notice is given, apply to the Court
to be admitted as a respondent to
oppose the petition, and shall be
admitted accordingly;
(b) a majority of the members of the
National Assembly whose names
appear on the list of candidates
represented by the respondent apply
to the Court for any person to be
admitted as a respondent, or
substituted for the respondent (other
than the Chief Election Officer or a
respondent whose qualification to be
elected as such a member is
questioned), the Court may, if it
thinks fit, grant the application on
such terms and conditions as the
Court considers just.
(2) A respondent who has given the prescribed
notice that he or she does not intend to oppose the petition or
for whom any person has been substituted shall not be
allowed to appear or act as a party against the petition in any
proceedings thereon.
28. (1) Where, on an election petition questioning the
qualification of any person to be elected as a member of the
National Assembly, the Court determines that he or she was
not qualified to be so elected; the Court shall declare his or
her election as aforesaid to have been void.
(2) Every vacancy in the Assembly in consequence
of any such declaration shall be filled in the manner provided
by article 70 of the Constitution.

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Re-allocation
of seats in
National
Assembly.
[16 of 1968]
c. 1:03
c. 1:03

Unlawful acts
or omissions
affecting results.
[16 of 1968
O. 50/1980]
29. (1) Where on an election petition the Court
determines that the seats in the National Assembly were not
allocated in accordance with section 97 of the Representation
of the People Act, the Court shall so declare and may order
that the seats be re-allocated in accordance with those
provisions and that the membership of the Assembly be re-
determined and re-declared in accordance with section 98 of
the Representation of the People Act, so, however, those
candidates selected thereunder from any list of candidates
upon the defective allocation shall, in the order of extraction
of their names upon such selection as aforesaid, be entitled to
retain their seats in so far as the number of seats re-allocated
to that list permits.
(2) Where on an election petition the Court, on a
scrutiny, determines that the number of valid votes cast for
any list of candidates differs from the number of votes upon
which seats in the National Assembly were allocated to that
list, the Court may so declare and thereupon the allocation of
seats to that list shall be reviewed by the Commission and, on
it appearing to the Commission from such review that any
seat was unlawfully allocated in consequence of such
difference, the Commission shall direct the re-allocation of
such seat in accordance with section 97 of the Representation
of the People Act and in keeping with the number of valid
votes cast as aforesaid, whereupon the membership of the
Assembly shall be re-determined and re-declared in like
manner as if the seat had been so re-allocated under
subsection (1).
30. (1) Where it is determined by the Court, being
satisfied for the purpose beyond reasonable doubt on an
election petition, that any unlawful act or omission (not
remediable under section 28 or 29) affected the result of an
election which would otherwise have lawfully resulted—
(a) in different placing of the respective
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c.1:03
lists of candidates in the order of
magnitude of the allocations of seats
to such lists under section 97 of the
Representation of the People Act, or
in different placing of any of the lists
in that order, from their placing as
aforesaid according to the result so
affected; or
(b) in more than half the members of
the National Assembly being persons
whose names appear on any list the
seats allocated to which under
section 97 of the Representation of
the People Act are occupied by not
more than half the members of the
Assembly according to the result
affected as aforesaid;
the Court may, in consequence of such determination, declare
the election, or any part thereof if the Court is satisfied that
the remainder is conveniently severable and was not affected
by such unlawful act or omission, to have been ineffective
and may accordingly order a fresh election to be held in
whole or part for the purpose of rectifying the said result and
give such incidental, ancillary or supplementary directions as
the Court deems meet for the purpose of such rectification,
including (without prejudice to the generality of the
foregoing) the re-allocation of seats in the National Assembly.
(2) Where the Court—
(a) is satisfied beyond reasonable doubt
on an election petition that, contrary
to law, any votes of persons who are
electors belonging to any class were
precluded from being cast; and
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(b) determines that the result of the
election may thereby have been
substantially affected;
the Court may order a fresh ballot on the part of that class of
electors and may, to the extent deemed meet by the Court,
exercise in relation to the election, or its result, any such other
powers as are exercisable under subsection (1) in
consequence of any determination mentioned therein.
(3) It shall not be a ground for rectification of the
result of an election that—
(a) any person purported to have been
appointed to exercise powers or
perform duties referred to in article
162(1) (b) of the Constitution was not
duly appointed;
(b) the names of any persons have
been wrongfully omitted from or
included in any preliminary list of
electors, as modified for the purpose
of bringing it into conformity with the
appropriate register of electors, unless
the Court is satisfied beyond
reasonable doubt that such names
were omitted or included as aforesaid
otherwise than in good faith;
(c) any illegality or irregularity was
committed in the compilation or
revision of any register of electors
unless the Court is satisfied beyond
reasonable doubt that such illegality
or irregularity, as the case may be,
was committed otherwise than in
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Effect and
manner of
exercise of
Court’s
powers.
[16 of 1968
O. 80 of 1980]
good faith.
(4) Nothing in subsection (3) shall be construed to
authorise the rectification of any such result of an election as
is not liable to be rectified apart from that subsection.
(5) The result of an election shall not be impugned
on the ground that the application of any elector entitled to
vote by proxy so to vote was refused or that the application
of any elector not entitled so to vote was granted; and such
refusal and grant shall be deemed not to be procedural
irregularities and notwithstanding any of the provisions of
this section or the Representation of the People Act no votes
shall be deemed invalid by reason thereof.
31. (1) Every declaration made by the Court under
section 28, 29 or 30 shall, at the order of the Court, take effect
at such time, and be subject to such saving of the validity of
things done before that time, as the Court may in the
circumstances, due regard being had to the interests of
effective government of Guyana, consider expedient, but
without prejudice to the making, giving or execution of such
order or direction pursuant to that declaration as may be just:
Provided that no saving to which any declaration is
subject as aforesaid shall prevent the subsistence of anything
(its validity having been so saved) from being terminated or
otherwise affected in due course.
(2) If Parliament is dissolved at any time after the
making of an order under section 29 or 30, or the giving
thereunder of any direction, and before completion of the
execution of that order or direction, as the case may be, such
execution shall not be proceeded with.
(3) The result of an election shall not be liable to
rectification in consequence of the determination by the
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Conclusion of
trial of
petition.
[16 of 1968]

Costs of
petition.
Court of any question mentioned in section 3(1), or whether
an election has been lawfully conducted, except under section
28, 29 or 30.
32. At the conclusion of the trial of an election
petition the Court shall forthwith certify in writing its
determination to the President and the Speaker; and the
Court may in addition to giving the certificate and at the
same time, make a special report to the Speaker as to matters
arising in the course of the trial an account of which in the
judgment of the Court ought to be submitted to the National
Assembly.
33. (1) All costs of and incidental to the presentation of
an election petition and the proceedings consequent thereon,
except such as are by this section otherwise provided for,
shall be defrayed by the parties to the petition in such
manner and in such proportion as the Court may determine;
and in particular any costs which in the opinion of the Court
have been caused by vexatious conduct, unfounded
allegations or unfounded objections on the part either of the
petitioner or of the respondent, and any needless expense
incurred or caused on the part of the petitioner or respondent
may be ordered to be defrayed by the parties by whom it has
been incurred or caused whether or not they are on the whole
successful.
(2) If a petitioner neglects or refuses for six months
after demand to pay to any person summoned as a witness
on his or her behalf or to the respondent any costs certified or
adjudged to be due to him and the neglect or refusal is,
within one year after the demand, proved to the satisfaction
of the Court, every person who in accordance with section 7
entered into a recognisance relating to the petition shall be
held to have made default in the recognisance and such
default shall be dealt with under section 208(1) and (2) of the
Criminal Law (Procedure) Act as though committed at the
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Further
provision as to
costs of
petition.

Report of the
Court to the
Speaker.
[16 of 1968]
then current sitting of the Court in the exercise of its criminal
jurisdiction in the county where the petition was tried, or, if
the Court is not then so sitting, such default shall be deemed
to have been dealt with under those subsections as though
committed at the last preceding sitting of the Court as
aforesaid, and the recognisance shall be enforceable
accordingly.
34. (1) Where upon the trial of an election petition it
appears to the Court that any person or persons is or are
proved, whether by providing money or otherwise, to have
been extensively engaged in corrupt practices, or to have
encouraged or promoted extensive corrupt practices in
reference to the election to which the petition relates, the
Court may, after giving that person or those persons an
opportunity of being heard by counsel or solicitor and
examining and cross-examining witnesses to show cause why
the order should not be made, order the whole or part of the
costs to be paid by that person or those persons or any of
them and may order that if the costs cannot be recovered
from one or more of those persons they shall be paid by some
other of those persons or by either of the parties to the
petition.
(2) Where any person appears to the Court to have
been guilty of a corrupt or illegal practice, the Court may,
after giving that person an opportunity of making a
statement to show why the order should not be made, order
the whole or any part of the costs of or incidental to any
proceeding before the Court in relation to the said offence or
to the said person to be paid by the said person to such
person or persons as the Court may direct.
35. (1) Where, in an election petition a charge is made
of a corrupt practice or an illegal practice having been
committed at the election to which the petition relates, the
Court shall, when certifying its determination as herein
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before provided, report in writing to the Speaker, who shall
submit such report to the National Assembly—
(a) whether any corrupt practice or illegal
practice has or has not been proved to
have been committed by or with the
consent or connivance of any
candidate at the election, and the
nature of the corrupt practice or
illegal practice;
(b) the names of all persons, if any, who
have been proved at the trial to have
been guilty of any corrupt practice or
illegal practice;
(c) whether corrupt practices or illegal
practices have, or whether there is
reason to believe that corrupt
practices or illegal practices have,
extensively prevailed at the election to
which the petition relates; and
(d) if any person is reported to have been
guilty of any corrupt practice or of
any illegal practice, whether he or she
has or has not been furnished with a
certificate of indemnity.
(2) Before a person, not being a party to the
petition, is reported by the Court to have been guilty, at the
election, of any corrupt or illegal practice, the Court shall
cause notice to be given to such person.
(3) If the person appears in pursuance of the
notice, the Court shall give him an opportunity of being
heard by himself or herself and of calling evidence in his or
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c. 1:03

Exemption
from liability.
[16 of 1968]
her defence to show why he or she should not be so reported.
(4) Every person who is reported by the Court to
have been personally guilty of any corrupt or illegal practice
at the election shall, whether he obtained a certificate of
indemnity or not, be subject to the same incapacities as he or
she would be subject to if he or she had at the date of such
election been convicted of the offence of which he or she is
reported to have been guilty.
(5) If the Court reports that any corrupt practice
has been proved to have been committed by an election agent
or assistant agent in reference to the election by or with the
consent or connivance of a candidate at the election, the
candidate shall be subject to the same incapacities as if at the
date of the said report he or she had been convicted of such
corrupt practice by virtue of section 26 of the Representation
of the People Act.
(6) If the Court reports that any illegal practice has
been proved to have been committed by an election agent or
assistant agent in reference to the election by or with the
consent or connivance of a candidate at the election, the
candidate shall be subject to the same incapacities as if at the
date of the report he or she had been convicted of such illegal
practice by virtue of section 26 of the Representation of the
People Act.
36. (1) Where a person who is subject to incapacity by
reason of his or her conviction of a corrupt or illegal practice
is reported under section 34 to be guilty of such corrupt or
illegal practice, no further incapacity shall be imposed on him
under subsection (4) of that section.
(2) Where a person who is subject to incapacity
under section 35(4) for any corrupt or illegal practice is
convicted of such corrupt or illegal practice no further
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Removal of
incapacity if
acquitted on
prosecution.
[16 of 1968
O.50/1980]
incapacity shall be deemed to be imposed on him by reason
of the conviction.
(3) Every reference to consequences under the
Representation of the People Act in sections 110 and 112
thereof shall be construed to include a reference to
consequences under this Act and nothing provided in this
Act shall abridge any powers of the Court under those
sections.
37. (1) Where any person is subject to any incapacity
by virtue of conviction of an offence or the report of the Court
under section 34 and he or she or some other person in
respect of whose act the incapacity was imposed, is on a
prosecution acquitted of any of the matters in respect of
which the incapacity was imposed, the acquittal shall,
thereafter or, if an appeal be made, after the expiration of the
ordinary period allowed for making an appeal or, if an
appeal is made and the acquittal is affirmed, after the appeal
is finally disposed of or, if an appeal is made and is
abandoned or fails by reason of non-prosecution thereof,
after the appeal is abandoned or so fails, be reported to the
Court which may, if it thinks fit, order that the incapacity
shall henceforth cease so far as it is imposed in respect of
those matters.
(2) Where a person becomes subject to any
incapacity by virtue of conviction of an offence or the report
of the Court under section 34, and any witness who gave
evidence against such incapacitated person upon the
proceeding for such conviction or report is subsequently
convicted of perjury in respect of that evidence, the
incapacitated person may apply to the Court, and the Court,
if satisfied that the conviction or report regarding such
person was based upon perjury, may order that such
incapacity shall henceforth cease, and the same shall cease
accordingly; and if by reason of the conviction or report a
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c. 1:03

Observance of
principles and
rules of U.K.
Parliament.

Certain powers
of the Court to
be exercisable
by a single
judge.
Service of
notices.
vacancy has occurred in the National Assembly and such
vacancy has been filled by another person in accordance with
section 99A of the Representation of the People Act (as
modified by the Constitution of the Co-operative Republic
of Guyana (Adaptation and Modification of Laws)
(Representation of the People) Order 1980) such other person
shall cease to be a member of the Assembly and the person
whose incapacity has ceased shall be reinstated as a member
of the Assembly.
38. Subject to this Act and rules of court, the
principles, practices and rules on which committees of the
House of Commons of the Parliament of the United Kingdom
used to act in dealing with election petitions shall be
observed, so far as may be, by the Court in the case of
election petitions.
39. Any of the powers of the Court conferred by or
under any of the provisions of this Act may be exercised by a
single judge.

40. Any summons, notice or document required to be
served on any person with reference to any proceeding under
this Act for the purpose of causing him to appear before the
Court or otherwise, or of giving him an opportunity of
making a statement, or showing cause, or being heard by
himself or herself before any Court for any purpose of this
Act, may be served—
(a) by delivering it to that person; or
(b) by leaving it at, or sending it by post
by a registered letter to, his or her last
known place of abode; or
(c) in such manner as may be –

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Costs.
[16 of 1968]

Powers of
Court.
[16 of 1968
O. 50/1980]

Vacancy
disputes.
[O. 50/1980]

c. 28:03
(i) prescribed; or
(ii) directed by any judge before
whom the proceeding is
taken.
41. Subject to the provisions of this Act and rules of
court made for the purposes of any such provisions, the rules
of court with respect to costs in actions, causes and matters
in the Court shall, so far as practicable, apply in relation to
costs of petitions and other proceedings under this Act.
42. The Court shall, subject to this Act and rules of
court, have the same powers, jurisdiction and authority with
respect to any proceedings brought under or by virtue of this
Act as if the proceedings were an ordinary action within the
jurisdiction of the Court, and without prejudice to the
generality of the foregoing provisions of this section, may
exercise the power of the Court to consolidate hearings in
relation to the hearing of any such proceedings and any
proceedings in respect of any election of members of a
regional democratic council where the elections in respect of
which all the proceedings have been brought were held on
the same day.
43. Any such question as is referred to in sub-
paragraphs (iii) and (iv) of paragraph (b) or in paragraph (c)
of article 163(1) of the Constitution may, in respect of a seat to
which an election under article 60 (2) is applicable, be
referred to the Court, and shall thereupon be determined by
it in accordance with the provisions of sections 181 to 187
(inclusive) of the Local Authorities (Elections) Act, which
shall apply for that purpose with such modifications,
adaptations, qualifications and exceptions as may be
necessary.
__________________

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SUBSIDIARY LEGISLATION
_________________
NATIONAL ASSEMBLY (VALIDITY OF
ELECTIONS) RULES
ARRANGEMENT OF RULES
RULE
1. Citation.
2. Interpretation.
3. Election to be questioned by Election Petition only.
4. Presentation of petition.
5. Address for Service.
6. Failure to comply with rules 3, 4 and 5.
7. File and record of proceedings.
8. Persons to whom copy of petition must be sent and publication of
petition.
9. Service.
10. Address for Service.
11. Recognizances for security for costs. Form 2.
12. Security for costs by deposit.
13. Objection to security.
14. Summons to determine objection to recognizance.
15. Removing objection.
16. Costs where no justification of sureties.
17. Notice of application for dismissal.
18. Application for particulars.
19. Procedure on applications made under the Act or these Rules.
20. Title of proceedings.
21. Mode of trial of petitions.
22. Adjournments.
23. Application to withdraw petition.
24. Abatement of petition on death of petitioner. Form 8.
L.R.O. 1/2012
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RULE
25. Notice of intention not to oppose petition.
26. Time within which to apply for admission as respondent.
27. Notice of application for substitution or admission as respondent.
APPENDIX - Forms.
________________________
R. 5/1968 NATIONAL ASSEMBLY (VALIDITY OF
ELECTIONS) RULES
made under section 163 of the Constitution
Citation .
Interpretation.
Election to be
questioned
by Election
Petition only.
1. These Rules may be cited as the National Assembly
(Validity of Elections) Rules.
2. In these Rules—
“Act” means the National Assembly (Validity of
Elections) Act;
“the Court” means the High Court;
“Form” means Form in the Appendix;
“'the Registrar” means the Registrar of the Supreme
Court;
“registry” means registry of the Supreme Court;

“section” means a section of the Act.
3. (1) Except by way of an election petition for redress
in conformity with the Act, there shall be no reference to the
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Presentation
of petition.

Address for
service.
Failure to
comply with
rules 3, 4 and 5.
File and record
Court of any question regarding the qualifications of any
person to be elected as a member of the National Assembly,
or whether the result of an election may have or has been
affected by any unlawful act or omission, or whether the seats
in the Assembly have been lawfully allocated, or whether any
election the results whereof are declared by the Elections
Commission in pursuance of section 99 of the Representation
of the People Act has been lawfully conducted.
(2) An election petition shall be in Form 1 and shall
contain the particulars required in the Form.
4. When an election petition is presented under
section 4(4), seven copies of the petition shall be left with the
person to whom delivery is made in accordance with that
paragraph.
5. (1) The solicitor of a petitioner who presents an
election petition through a solicitor shall indorse upon the
petition before the same is presented the address of his place
of business and also a proper place to be called his address for
service where all notices, summonses, orders and other
documents may be left for him, which address shall be within
one mile of the registry where the petition is presented.
(2) A petitioner presenting an election petition in
person shall indorse upon the petition before presenting the
same some proper place to be called his address for service
where all notices, summonses, orders and other documents
may be left for him, which address shall be within one mile of
the registry where the petition is presented.
6. If rules 3, 4 and 5(1) or (2) are not complied with in
relation to any election petition, delivery thereof under
section 4(4) shall not be accepted.
7. (1) Without prejudice to any other rule of court, all
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of proceedings.

Persons to
whom copy of
petition must
be sent and
petitions, notices, summonses, orders or other documents to
be filed in or issued from the registry in proceedings under
the Act shall be brought into the registry together with a copy
thereof and the original and the copy shall be sealed with an
official seal, whereupon the original shall be filed and the
copy handed out to the party filing the same. A sealed copy
shall be evidence of the contents of the original filed.
(2) The Registrar shall keep a record book of all
proceedings brought under the Act. There shall be entered in
the record book—
(a) the number of the election petition
and the subject matter;
(b) the names of the parties and their
addresses for service;
(c) interlocutory applications, the nature,
date of filing, determination and date
thereof;
(d) the date and place of trial;
(e) the name of every counsel or solicitor
engaged;
(f) the decision of the Court.
(3) The file of proceedings and the record book
shall be open to inspection by any person during office
hours.
8. (1) The Registrar shall upon presentation of an
election petition forthwith—

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publication of
petition.

Service.
(a) send a copy of the petition to the
Speaker of the National Assembly, the
Attorney-General, the Director of
Public Prosecutions and the Chief
Election Officer; and
(b) exhibit on a notice board at the
registry a copy of the petition and
cause such notice of the presentation
and substance thereof as shall be
settled by the Chief Justice to be pub-
lished in the Gazette and one
newspaper.
(2) The cost of publication of this and any other
matter required to be published by these Rules shall be paid
by the petitioner or person moving in the matter and shall
form part of the general costs of the petition.
9. (1) The time and manner of service of an election
petition are, for the purposes of section 8, prescribed by virtue
of the following provisions of this paragraph and paragraphs
(2), (3) and (4). The time for service of a copy of an election
petition and notice of the presentation of the petition and of
the nature of the proposed security shall be five days,
exclusive of the day of presentation.
(2) Where the respondent has given an address in
pursuance of rule 10(1), such service may be by registered
post to the address so that, in the ordinary course of post, the
documents served would be delivered within the prescribed
time.
(3) In cases to which paragraph (2) does not apply,
such service must be personal on the respondent unless a
judge on an application made to him not later than five days
after the election petition is presented and on affidavit
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Address for
service.
showing what has been done, shall be satisfied that all
reasonable effort has been made to effect personal service and
cause the matter to come to the knowledge of the respondent,
including when practicable, service upon a solicitor, in which
case the judge may order that what has been done shall be
considered sufficient service for the purposes of this rule,
subject to such conditions as he may think reasonable.
(4) Where it is proved to the satisfaction of a judge
that there has been an evasion of service and that a notice of
the nature of the proposed security has been posted on the
board mentioned in rule 8(l)(b), and a copy of the election
petition has been exhibited under that subparagraph, within
the time prescribed by paragraph (1) of this rule, service shall,
if the judge so orders, be deemed to have been duly effected
for the purposes of this rule by such posting and exhibition.
(5) The petitioner or his agent shall, as soon as may
be after service has been effected in accordance with any
provisions of this rule, file in the registry an affidavit of the
time and manner of such service.
(6) Service of a petition under section 4(6) shall,
upon service of a copy of the petition in accordance with any
of the foregoing provisions of this rule or any direction given
by the court under section 8, be deemed to have been thereby
affected.

10. (1) Any person who was the representative of any
list of candidates for election, as defined by section 4(3), or
has been elected as a member of the National Assembly, may
at any time after the election leave at the office of the
Registrar—
(a) an address for service at a place
within one mile thereof; or
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Recognizances
for security for
costs.
Form 2.

Security for costs
by deposit.
(b) the name and address for service
(which shall be at such a place) of a
solicitor who will act for such person
in case there should be an election
petition against him.
(2) When an election petition or copy thereof is
served upon a respondent other than the Chief Election
Officer, he shall, unless he has already complied with
paragraph (1), within five days of such service deliver or send
by registered post to the Registrar and to the petitioner an
address for service at a place referred to in sub-paragraph (a)
or (b) of the preceding paragraph. All notices, summonses,
orders or other documents in the proceedings consequent on
the petition shall, if the respondent fails to comply with this
paragraph, be deemed duly served upon him if left in the
registry.
11.(1) The recognizances giving security for costs as
provided in section 7 shall, with such variations as
circumstances may require, for be in Form 2 and shall be
acknowledged before the Registrar. There may be one
recognizance acknowledged by all the sureties, or separate
recognizances by one or more as may be convenient.
(2) The recognizance or recognizances shall
forthwith after being acknowledged be left at the registry by
or on behalf of the petitioner in like manner as a petition.
12. (1) Every deposit of money by way of security
pursuant to section 7 or section 9(2) shall be lodged in the
registry.
(2) The Registrar shall keep open to inspection by
all parties concerned a book in which shall be entered from
time to time the amount of every such deposit and the
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Objection to
security.

Summons to
determine
objection to
recognizance.

Removing
objections.
petition to which it relates.
(3) All claims to the amount of any such deposit or
part thereof shall be disposed of by a judge upon application
by summons.
(4) The amount of such deposit or of any part
thereof shall, if and when no longer required for securing the
payment of costs, be returned or otherwise disposed of on the
order of a judge as justice may require.
(5) Such order may be made after such notice of
intention to apply, and after such proof that all just claims
have been satisfied or otherwise sufficiently provided for, as
the judge may require.
(6) The order may direct payment either to the
party in whose name the deposit was made or to any person
entitled to receive the same.
13. An objection to a recognizance under section 9(1)
shall be made by giving notice thereof to the petitioner within
ten days after the service of the notice of the presentation of
the petition; and the notice of objection shall state the grounds
thereof.
14.(1) Any such objection to security made in
accordance with the preceding rule shall be heard and
decided by a judge upon summons taken out by either party
to declare the security sufficient or insufficient.
(2) Such hearing and decision may be either upon
affidavit or personal examination of witnesses, or both, as the
judge thinks fit.
15. If by order made upon such summons an objection
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Costs where no
justification of
sureties.
Form 3
Notice of
application
for dismissal.

Form 4

Application for
particulars.

Procedure on
applications
be allowed and the security be declared insufficient, the judge
shall in such order state how and within what time (which
shall not exceed five days after the date of the order) the
objection may be removed as in section 9(2) provided.
16. The costs of hearing and deciding an objection
upon the ground of insufficiency of a surety or sureties shall
be paid by the petitioner, and a clause to that effect shall be
inserted in the judge's order declaring their sufficiency or
insufficiency, unless at the time of leaving the recognizance
under rule 11(2) there be also left an affidavit of the
sufficiency of the surety or sureties sworn by each surety in
Form 3.
17. (1) An application for an order directing the
dismissal of a petition under section 10 shall be made by way
of summons before a judge and a copy thereof shall be served
on the petitioner and written notice thereof given to the
Registrar.
(2) The Registrar shall forthwith publish in the
Gazette and one newspaper a notice in Form 4.
18. (1) Evidence need not be stated in an election
petition, but the Court or a judge may upon application order
such particulars as may be necessary to prevent surprise and
unnecessary expense, and to ensure a fair and effectual trial
and upon such terms as to costs and otherwise as may be
ordered.
(2) Before applying for particulars the party desiring
the same shall by letter request the petitioner to furnish the
required particulars within five days, and a summons for
particulars shall not issue until the expiration of that time.
19. All applications in proceedings under the Act or
these Rules shall be determined summarily by a judge, who
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made under the
act or these
rules.
Title of
proceedings.
Form 5.
Mode of trial of
petitions.
may hear the parties to the application.
20. It shall be sufficient to entitle all proceedings in
respect of an election petition as is prescribed in Form 5.
21. The following provisions shall apply to the trial of
election petitions –
(a) The Chief Justice shall determine
which of the judges shall try a petition
and direct in which county the trial
shall take place.
(b) All interlocutory matters may be
heard and disposed of by a judge in
chambers.
(c) The judge who is to try a petition shall
fix the day and time of the trial and at
least fourteen days notice thereof shall
be published by the Registrar in the
Gazette and one newspaper and
served on the petitioner, the
respondent and the Chief Election
Officer.
(d) The judge presiding at a trial may, if
the Chief Justice shall so direct,
adjourn the same to another county.
(e) Where the trial of a petition has taken
place wholly or partly in a county
other than the county of Demerara the
Court may, if it thinks fit, declare its
determination on the petition at a
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Adjournments.

Application
to withdraw
petition.
Form 6
Form 7.
sitting in Georgetown.
22. (1) The Court may from time to time, by order
upon the Adjournments, application of a party to an election
petition or by notice in such form as the Court may direct,
postpone the commencement of the trial to such a day as it
may name. A copy of such notice or order shall be sent to the
Chief Election Officer and another copy shall be exhibited on
a notice board at the registry.
(2) In the event of the Judge not being present at the
time appointed for the trial, or to which the trial is postponed,
the trial shall ipso facto stand adjourned to the ensuing day
and so from day to day.
(3) No formal adjournment of the Court at the trial
of an election petition shall be necessary, but in the absence
thereof the trial is to be deemed adjourned, and may be
continued from day to day until the inquiry is concluded.
(4) In the event of the judge who begins the trial
being disabled by illness or otherwise, the trial shall be
recommenced and concluded by such judge as the Chief
Justice may determine
23. (1) Notice of application for leave to withdraw an
election petition shall be in writing and signed by the
petitioner or his solicitor and shall be sufficient if given in
Form 6 and left at the registry and a copy of such notice shall
be served on the respondent and sent to the Chief Election
Officer.
(2) The Registrar shall forthwith publish in the
Gazette and one newspaper a notice in Form 7.
(3) Any person who might have been a petitioner
in respect of the matter to which the election petition relates,
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Abatement of
petition on
death of
petitioner.
Form 8.

Notice of
intention not to
oppose
petition.
may, within five days after such notice is published, give
notice in writing signed by him or on his behalf to the
Registrar of his intention to apply under section 24(1) to be
substituted for the petitioner but the want of such notice shall
not defeat such application if in fact made under that
subsection.
(4) The time of hearing the application for leave to
withdraw the petition shall not be less than five days after the
publication of the notice by the Registrar as in paragraph (2)
provided and notice of the time and place appointed for the
hearing shall be given by the Registrar to any person who
shall have given him notice of an intention to apply to be
substituted as petitioner, and otherwise as the Court may
direct.
24. (1) On the abatement of an election petition by the
death of a petitioner, notice of such abatement shall be given
by any party or person interested to the Registrar who shall
forthwith publish in the Gazette and one newspaper a notice
thereof in Form 8.
(2) The time within which application may be
made to a judge to be substituted as a petitioner under section
26(3) shall be one month or such further time as upon
consideration of any special circumstances a judge may allow.
25. (1) The manner and time of the respondent's
giving notice to Court that he does not intend to oppose an
election petition shall be by leaving at the registry notice
thereof in writing signed by the respondent, six days before
the day appointed for trial, exclusive of the day of leaving
such notice.
(2) Upon such notice being left at the registry or
upon receiving notice of the death of the respondent, the
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Form 9
Time within
which to apply
for admission
as respondent.

Notice of
application for
substitution or
admission as
respondent.

r. 3(2)
Registrar shall forthwith send by registered post to the
petitioner or his solicitor, as the case may be, and to the Chief
Election Officer, and shall forthwith cause to be published in
the Gazette and one newspaper, a notice thereof in Form 9.
26. The time for applying to be admitted as a
respondent under section 27(l)(a) shall be within ten days
after such notice is given as hereinbefore directed, or such
further time as a judge may allow.
27. The persons making any application under
section 27(l) (b) shall leave at the registry notice thereof
signed by them or on their behalf, stating the grounds of such
application and praying that a day be fixed for the hearing
thereof; and the Registrar shall send by registered post a copy
of such notice to every party to the petition and to the Chief
Election Officer, together with notice of the time and place
appointed for hearing the application.
APPENDIX
FORM I
PETITION QUESTIONING AN ELECTION TO THE
NATIONAL ASSEMBLY UNDER THE NATIONAL
ASSEMBLY (VALIDITY OF ELECTIONS) ACT (Cap. 1:04)
Election holden on the………… day of……………20 ............
* The petition of A of .......................................... whose name
is subscribed.
1. Your petitioner A is a person who was an elector
(or candidate) at the above election.
2. And your petitioner states that the Elections
Commission has on the ……… day of 20……. caused to
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be published a notification of the results of the above
election.
3. And your petitioner says that (here state facts
and grounds on which the petitioner relies).
Wherefore your petitioner prays that the Court may—
(1) determine that .........................................................................................................
……………………………………………………………………
… (2) grant such redress in conformity with the National
Assembly (Validity of Elections) Act as may be used.
(Sgd.)

(Petitioner)
**The address for service of the petitioner is .............................................................
**The solicitor for the petitioner is ..............................................................................
whose address for service is .............................................................................................
*If there is more than one petitioner, the petition should be the petition of
all their names entered as for A.
** Omit whichever is inapplicable.
_______________
FORM 2
RECOGNIZANCES AS SECURITY FOR COSTS
Be it remembered that on the…………… day of ……………in
the year of Our Lord 20……….before me (name and
description) came A.B. of (name and description) and
acknowledged himself (or severally acknowledged
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themselves) to owe to the State the sum of one thousand
dollars (or the following sums) (that is to say) the said C.D.,
the sum of $ …………., the said E.F., the sum of $.......... the
said G.H., the sum of $............ and the said J.K., the sum of $
………. to be levied on his (or their respective)
goods and chattels, lands and tenement, to the use of the
State.
The condition of this recognizance is that if (here
insert the names of all the petitioners, and if more than one,
add, or any of them) shall well and truly pay all costs, charges
and expenses in respect of the election petition signed by him
(or them), in relation to which shall become payable by the
said petitioner (or petitioners, or any of them) under the
National Assembly (Validity of Elections) Act (Cap. 1:04), to
any person or persons, then this recognizance to be void,
otherwise to stand in full force.
(Sgd.)
(Signature of
Sureties)
Taken and acknowledged by the above-named (names of
sureties)
on the……..day of………..at………..before me.
Registrar
_________________
FORM 3
AFFIDAVIT FOR JUSTIFICATION OF SURETIES
IN THE HIGH COURT OF THE SUPREME COURT OF
JUDICATURE
NATIONAL ASSEMBLY (VALIDITY OF
ELECTIONS) ACT
(Cap. 1:04)
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I, A.B. of (name and description), make oath and say
that I am
worth more than the sum of $.................after the payment of
all my debts.
Sworn,
etc.
____________________
FORM 4
NOTICE OF APPLICATION FOR DISMISSAL OF AN
ELECTION PETITION IN THE HIGH COURT OF THE
SUPREME COURT OF JUDICATURE
NATIONAL ASSEMBLY (VALIDITY OF ELECTIONS) ACT

(Cap. 1:04)
Notice is hereby given that the above respondent
intends to apply for an order directing that the petition be
dismissed on the round that (here state ground for
application).
And that the said application be heard at on
the day of , 20 .
And Take Notice that on the hearing of the
application any person who might have been a petitioner in
respect of the matter to which the petition relates may apply
to the judge to be substituted as a petitioner for the above
petitioner under section 11 of the said Act.
(Signed)

Registrar
___________________
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FORM 5
TITLE FOR PROCEDURE IN THE HIGH COURT OF
THE SUPREME COURT OF JUDICATURE NATIONAL
ASSEMBLY (VALIDITY OF ELECTIONS) ACT
(Cap. 1:04)
Election holden on the…………..day of……………..20……

Between………………. Petitioner (name and address)
and Respondent (name and address).
___________________
FORM 6
APPLICATION FOR LEAVE TO WITHDRAW IN THE
HIGH COURT OF THE SUPREME COURT OF JUDICATURE
NATIONAL ASSEMBLY (VALIDITY OF
ELECTIONS) ACT
(Cap. 1:04)
The Petitioner proposes to apply to withdraw his
petition upon the following grounds (here state the ground)
and prays that a day may be appointed for hearing his
application.
Dated this day of
(Signed)
_____________________

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FORM 7
NOTICE IN PUBLICATION OF FORM 6 IN THE
HIGH COURT OF THE SUPREME COURT OF JUDICATURE
NATIONAL ASSEMBLY (VALIDITY OF
ELECTIONS) ACT
(Cap. 1:04)
Notice is hereby given that the petition of the above
petitioner has on the day of lodged at the
registry notice of an application to withdraw the petition, of
which notice the following is a copy—(set it out).
And take notice that by a rule of court made pursuant
to the above Act any person who might have been a petitioner
in respect of the said election may, within five days after the
publication of this notice, give writing of his intention on the
hearing to apply for leave to be substituted as a petitioner.

(Signed)

Registrar
_______________________
FORM 8
NOTICE OF ABATEMENT OF ELECTION PETITION
IN THE HIGH COURT OF THE SUPREME COURT OF
JUDICATURE
NATIONAL ASSEMBLY (VALIDITY OF
ELECTIONS) ACT (Cap. 1:04)
Notice is hereby given that the petition of the above
Petitioner has abated by reason of the death of (here set out
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particulars).
And Take Notice that any person who might have
been a petitioner in respect of the above election may, within
one calendar month after the publication of this notice or
within such further time as upon consideration of any special
circumstances a judge may allow, apply to the Court to be
substituted as a petitioner under section 26(3) of the said Act.
(Signed)
Registrar
_____________________
FORM 9
NOTICE OF WITHDRAWAL OR DEATH OF RESPONDENT
IN THE HIGH COURT OF THE SUPREME COURT OF
JUDICATURE
NATIONAL ASSEMBLY (VALIDITY OF ELECTIONS) ACT
(Cap. 1:04)
Notice is hereby given that on the day of 20
the said respondent A.B. died (or gave notice of his intention
not to oppose the petition, as the case may be).
And Take Notice that any person who might have
been a petitioner in respect of the above election may, within
ten days after publication of this notice or such further time as
a judge may allow, apply to the Court to be admitted as a
respondent under section 27(l)(a).
(Signed)

Registrar
___________________
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