ELECTION PETITIONS 1

THE ELECTION PETITIONS ACT

ARRANGEMENT OF SECTIONS

1. Shon title.

PART 1. Election Petitions

2. Interpretation.
3. Who may present petitions.
4. Provisions as to presenting petitions.
5 . Publication of petition.
6. Service of notice and .copy of petition.
I . [ Repealed by Act 29 of 1997. ]
8. General grounds and special relief to be s t a t d ; particulars Of

acts relied on to be furnished.
9. Service of notices. bow effected.

10. Address for service to be fuFished by both parties.
11. Notice of c m complaint.
12. Several petitions as to the same elCnion.
13. Withdrawal of petition%
14. Death of petitioner.
IS. Respondent’s death or refusal to contest.
16. Respondent’s disabilities after refusal to MoteSt.
17. Double return: amendment thereof.
IS. Complaints of conduct of the Returning Offiuer.
19. Complaint of no returo.
15%. Priority of trial of election petition.
20. Trial of petitions.

Decision and certificate thereof.
Certificate where corrupt practices c h u f l .

Special msc.
Special repon.

21. Power to reserve questions of law.
22. Appeals.

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2 ELECTION PETITIONS

23. Evidence IIS to corrupt practices receivable before proof of agency.
24. PowcI3 of court and p d m
25. Officers to attend Court.
26. Attendance and examination of witneshcr
27. Costs of witnesses.
28. Award and taxation of costs.
29. [ Repealed by Act 29 of 1997. J
30. Results of reports of corrupt practices. by or with tbe omaent

31. Employment as agent of a pcrsw known to have ~DZI f o d

32. Where corrupt practices proved as to individual voters. mume

33. Dctennination of disqualication if procured by perjury.
34. No person to be required to state for whom hc voted

of tht candidate.

guilty of corrupt practices: effect thereof.

to be pursued.

PART II.

35. Election Court to be. canstituted.
36. Powers of Election Court.
37. Grounds on which constituted authority may apply to Election

38. T i e within which application to be made.

Voiding of Taking of a Poll

coutt for the voiding of the taking of a poll.

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ELECTION PETITIONS 3

Cap. 101.

6 of 1963,
28 of 1988

THE ELECTION PETITIONS ACT A&

29 of 1997,
[ 17th April, 1885.1 290f2002.

1. This Act may be cited as the Election Petitions Act. Short title.
29119%‘

PART I. Election Petitions s. 2.
Interprets-
tian

2. InthisAct-
“constituency” means an area of Jamaica having separate

“Constituted Authority” means the Constituted Authority ;9 i (E) .
established under section 62C of the Kingston and St. s.2.
Andrew Corporation Act, section 40C of the Parish
Councils Act and section 44A of the Representation of the
People Act;

“corrupt practice” means bribery, treating and undue influence
or any of such offences as defined or recognized by the law
of Jamaica;

“division” means-

representation in the House of Representatives; 6/1%3

29/1997
S. 3 (a).

(a) any division of any parish except the parishes of
Kingston and St. Andrew, for the purposes of the
Parish Councils Act;

(b) any division‘of the parishes of Kingston and St.
Andrew for the purpose of the Kingston and St.
Andrew Copration Act;

“petition” or “election petition” shall mean a petition
complaining of an undue return or undue election of a
member of the House of Representatives or a councillor of
a Parish Council or the Kingston and St. Andrew 29/1997
Corporation, presented to the Supreme Court under the s.3(b).
provisions of this Act.

3. A petihon may be presented to the Supreme Court by any whomay
one or more of the following persons, that is to say- s:m.

61 1 %3
s. 2 (sch.).

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4 ELECTION PETITIONS

(a) in relation to the House of Representatives by the
Clerk of the House of Representatives by authority
of a resolution of that House;

(b) in relation to the House of Representatives or a
Parish Council or the Kingston and St. Andrew
Corporation, by the Attorney-General or by any
other person.

2911997
s. 4.

~ ~ v i s i o n ~ a ~
to presenting
petitiOnS.

4. The following provisions shall apply to the presentation of
an election petition-

(a) The petition shall be signed by the petitioner, or all
the petitioners if more than one.
The petition shall be presented to the Registrar
of the Supreme Court within twenty-one days
after the return has been made of the member
to whose election the petition relates, unless it
question the return or election upon an allegation
of corrupt practices, and specifically alleges a
payment of money or other reward to have been
made by any member, or on his account, or with
his privity, since the time of such return, in
pursuance or in hrtherance bf such corrupt
practices, in which case the petition may be
presented at any time within twenty-eight days
after the date of such payment.
Presentation of an election petition shall be
made by filing it in the Registry of the Supreme
court.
At the time of the presentation of the petition,
or within three days afterwards, security for the
payment of all costs, charges and expenses that
may become payable by the petitioner-

(i) to any person summoned as a witness on his
behalf; or

(ii) to the member whose election or return is
complained of (who is hereinafter referred to
as the respondent),

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ELECTION FETlTlONS 5

shall be gi\en on behalf of the petitioner except
where the petitioner is the Clerk of the House of
Representatives or the Attorney-General.

dollars fm a petition and shall be deposited in the
Consolidated Fund to the credit of the petition to
abide the order of the Court.

(e) The security shall be an amount of five thousand i94f997

5. On presentation of the petition the Registrar shall
publish a copy of the same in the Gazette.

6. Notice of the presentation of a petition and the security :ziF;i
(if any) accompanied by a copy of the petition shall, within COPY of
ten days after the pmentation of the petition, be served by 2911997
the peti,tioner on the mpondent.

Service of the p t i i o n may be effected either by personal
service or by registered post to the address of the respon-
dent stated in the respondent's nomination paper.

pzti'ion.

S. 6.

7. [Repenled by Act 29 of 1997.1

8. I t shall be sufficient that a petition shall state ocneral
generally the grounds on which the petitioner relies for tZ:gial
challenging the election or return, concluding with a ~ ; f $ ~
statement of the relief sought; particulars, however, pteulars
of the acts complained of as avoiding the election or return to
shall be furnished by the petitioner to the respondent, kfumkhd
within ten days after the presentation of the petition.

It shall be lawful for a Judge of the Supreme Court, on
a summons taken out by the respondent for the purpose, to
order further and better particulars to be furnished by the
petitioner, or on a summons being taken out by the
petitioner to allow such particulars to be added to or
amended.

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6 ELECTION PETITIONS

service of 9. Service of any notices required to be served shall,
=ffectd. subject to any direction given by the Chief Justice, be
6/1963 effected in accordance with the rules in force in the

Supreme Court or in the Court of Appeal, as the case may s. 2 ~sch.).
be, with reference to service.

notices, hoa

Addressfor 10. The petitioner shall in his petition state his address
furnishcdby for service within three miles of the Court House of
bothpartieS. Kingston. Similarly a respondent shall, within ten days

after service on him of notice of the mtition as aforesaid.

service to k

Notice of
cross
wmpJ!ahl.

Several
ps(itions as
to the samo
c l d o n .

Withdrawal
of petitions.

29/1997
s. 9.

furnish an address for service within the distance aforesaid:

11. Where a petition complains of an undue return and
claims the seat for some person other than the person
returned, it shall be lawful for the respondent, within ten
days after service of the notice of the petition as aforesaid,
to give notice to the petitioner that he intends to complain
of the election of the person on whose behalf the seat is
claimed as undue.

The rules applicable to a petition and to particulars of
charges made therein shall apply equally to such notice-.

12. Where more petitions than one are presented
relating to the same election or return, all such petitions
shall be dealt with as one petition, in such manner and on
such terms as a Judge in Chambers may direct.

13. An election petition shall not be withdrawn without
the leave of the Court, or of a Judge in Chambers, upon
special application made for such leave.

No such application shall be granted unless the Court or
Judge is satisfied that adequate notice has been given, h
the case of an election to the House of Representatives, in
the constituency, or, in the case of an election to a
Parish Council or to the Council of the Kingston and St.
Andrew Corporation, in the parish to which the pe~tion

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ELECTION PETlTlONS 1

relates, of the intention of the petitioner to make such
application.

On the hearing of the application for withdrawal, any
person who might have been a petitioner in respect of the
election to which the petition relates may apply to the
Court or a Judge to be substituted as petitioner for the
petitioner so desirous of withdrawing the petition.

The Court or Judge may, if it or he thinks fit, substitute
as a petitioner any such applicant as aforesaid, and may
further, if the proposed withdrawal is in the opinion of
the Court or Judge induced by any corrupt bargain or
consideration, 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
such security the original petitioner shall be liable to pay
the costs of the substituted petitioner.

If no such order is made with respect to the security
given 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, shall be given
on behalf of the substituted petitioner before he proceeds
with his petition, and within five days after the order of
substitution.

Subject as aforesaid, a substituted petitioner shall stand
in the same position, as nearly as may be, and be subject
to the same liabilities, as the original petitioner.

If a petition is withdrawn the petitioner shall be liable
to pay the costs of the respondent.

Where there are more petitioners than one, no applica-
tion to withdraw a petition shall be made except with the
consent of all the petitioners.

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x ELECTION PETZTIONS

Death p tmoncr of 14. An election petition shall be abated by the death of
a sole petitioner or of the survivor of several petitioners.
The abatement of a petition shall not affect the liability of
the petitioner to the payment of costs previously incurred.
On the abatement of a petition notice of such abatement
having taken place shall be gwen in the Gazette; and within
fourteen days after such notice has been given any prson
who might have been a petitioner in respect of the election
to which the petition relates may apply to the Court or a
Judge in Chnmbers to be substituted as a petitioner.

The Court or Judge may, if it or he thinks fit, substitute
as a petitioner any such applicant who is desirous of being
substituted, and on whose behalf security to the Same
amount is given as is required in the case of a new
petition, and subject to the same right on the part of the
respondent to object to the sufficiency of the same.

Respond -
orrefusal

15. If before the trial of any election petition any of
the following events happen in the case of the respondent,
that is to say-

ent s death

to contest

(a) if he dies;
(b) if he gives notice to the Registrar of the Supreme

Court and to the petitioner that he does not
intend to oppose the petition,

notice of such event having taken place shall be given in
the Gazerte, and within fourteen days after the notice shall
have been given any person who might have been a
petitioner in respct of the election to which the petition
relates may apply to the Court or a Judge in Chambers
to be admitted as a respondent to oppose the petition,
and such person shall on such application be admitted
accordingly, either with the respondent, if there be a
respondent, or in place of a respondent; and any number
of persons not exceeding three may be so admitted.

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ELECTION PETITIONS 9

16. A respondent who has gicen the prescribed notice 5;:
that he does not intend to oppose the petition shall no1 be abllmcsaftcr
allowed to appear or act as a party against such petition contest.
in any proceedings thereon, and shall not sit or vote in the
House of Representatives until the Speaker or Deputy ;1;?& ~
Speaker of the House of Representatives has been informed
of the report on the petition or in a Parish Council or the i9(;z;(bl.
Council of the Kingston and St. Andrew Corporation until
the chairman or vice-chairman of that Parish Council or
the Mayor or hputy Mayor of the Kingston and St.
Andrew Corporation has been so inform&, and the Court
or Judge shall in all cases in which such notice has been
given foflhwith report the same to the Speaker or Deputy
Speaker of the House of Representatives in the case relat-
ing to the House of Representatives, or to the chairman or
vice-chairman of the Council in a case relating to a Parish
Council or to the Mayor or the Deputy Mayor of the ?{;E,
Kingston and St. Andrew Corporation in a case relating
to the Kingston and St. Andrew Corporation in accordance
with the provisions hereinafter contained.

refusal 10

17. Where an election petition complains of a double Double
return, and the respondent has given notice to the
Registrar of the Supreme Court and the petitioner that lhereof.
it is not his intention to oppose the petition, and no party ;/;sssh.,
has been admitted in pursuance of the provisions of this
Act to defend such return, then the petitioner, if there be
no petition complaining of the other member returned on
such double return, may withdraw his petition, by notice
addressed to the Registrar of the Supreme Court; and
upon the receipt of such notice the Registrar shall report
the fact of the withdrawal of such petition to the Speaker
or Deputy Speaker of the House of Representatives or to
the chairman or vice-chairman of the Parish Council or :*{!=.
to the Mayor or Deputy Mayor of the Kingston and St.
Andrew Corporation, as the case may be, and the House

return:

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10 ELECTION PETlTlONS

~ 8 { ~ ~ ~ ~ of Representatives or the Parish Council or the Council of
the Kingston and St. Andrew Corporation, as the case may
be, shall thereupon give the necessary directions for amend-
ing the said double return.

Complainfs 18. Where an election petition complains of the conduct
of the of a Returning Officer, such Returning Officer shall for
Officer. all the purposes of this Act, except the admission of

respondents in his place, be deemed to be a respondent.

of conduct

Returning

Complaint 19. A petition complaining of no return may be
presented to the Court, and shall be deemed to be an
election petition within the meaning of this Act; and the
Court may make such order thereon as they think expedient
for compelling a return to be made, or may allow such
petition to be heard by the Judge in manner hereinbefore
provided with respect to ordinary election petitions.

of nu return.

Priority
of trial
of clec-
l i on ,
pcuhon.
2811988
s. 2.

Ih'al of
petitions.

19A. The trial of an election petition shall, so far as
practicable consistently with the interests of justice in
respect of the trial, commence within ninety days of the
date of filing of the petition and be continued from day tc
day on every lawful day until its conclusion.

20. The following provisions shall take effect with

(a) Every election petition shall be tried by the
Chief Justice or a Puisne Judge of the Supreme
Court nominated by him after consultation with
the other Judges.

(b) The trial of an election petition shall take place
at the principal Court House in the parish in
which is comprised the constituency or the
division to which the election relates :

reference to the trial of an election petition-

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ELECTION PETITIONS 11

Provided that if it shall appear to a Judge of
the Supreme Court on an application by summons
that special circumstanws exist which render it
desirable that the petition should be tried in
Kingston or in some other parish, or, if the
parties agree, it shall be lawful for the Judge to
order the trial to be held in Kingston or in some
other parish.

(c) Every election petition shall be tried in open
Court by a Judge of the Supreme Court sitting
alone without a jury.

(d) Notice of the time and place a1 which an election
petition is to be tried shall be given by affixing a
notice signed by the Registrar of the Supreme
Court on the notice board (of the Supreme Court),
at the Court House where the election petition is
to be tried, and by publication in the Gazette. Such
notice shall be given not less than fourteen days
before the day fixed for trial.

(e) (i) The Judge who has been nominated to try
the election petition or, if he is not available,
any other Judge of the Supreme Court, may
direct the postponement of the trial of the
election petition to some other date, if it
shall appear to him expedient so to do and
may gjve such directions as to notice of the
postponement as he cansiders necessary.

(ii) The Judge presiding at the trial may adjourn
the same from time to time, and, in case of
a trial outside of Kingston, from any one
place to any other place within the parish,
as to him may seem expedient, or to
Kingston or to some other parish, if the
parties so agree.

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RL-I8

12 ELECTION PETITIONS

&/I963
S. 2 (Sch.)

29/1997 s. 12 (a) 0.

M U o n outilicatsaod 0 At the conclusion of the trial, tbc Judge shall
therrof. determine whether the member of the House of
29 / 1997 Repmeutativea or the Parish council or the

Council of the Kingston and St. Andrew Corpo-
ration, as the case may be, whose return or election
is complained of, or any and what other person,
was duly returned or elected, or whether the
election was void, and shall certify such
determination to the Speaker of the House of
Representatives, or, if the Speaker be the respond-
ent, to the Deputy Speaker, in the case of an
election to the House of Representatives, or to
the chairman of the Parish Council. or if such
chairman be the respondent, to the vicschairman,
in the case. of an election to a Parish Council
or to the Mayor of the Kingston and St. Andrew
Corporation or, if the Mayor be the respondent,
to the Deputy Mayor, in the case of an election to
the Kingston and St. Andrew Corporation; and
subject to an appeal under section 22 the return
shall be confirmed or altered, or the writ for a
new election shall be issued, as the case m a y re-
quire, in accordance with such determination.

Cdfieats (g) Where any charge is made in an election petition where
of any corrupt practice having been committed at

-d. the election to which the petition refers, the
6/1%3 Judge shall in addition to the certificate afore-
S. 2 (seh.).

said, and at the same time as he sends such
certificate, report in writing to the S@er or
Deputy Speaker of the House of Representatives
or to the chairman or vice-chairman of the Parish
Council or to the Mayor or Deputy Mayor of the
Kingston and St. Andrew Corporation, as the case
may be, as follows-
(i) whether any corrupt practice has or has

not been proved to have been committed at

S. 12 (a) 0.

__-.
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ELECTION PETITIONS 13

such election, and the nature of such
corrupt practice;

(5) whether any corrupt practice proved to
have been committed as aforesaid has or
has not been proved to have been com-
mitted by, or with the knowledge and
consent of any candidate at such election,
or by any agent of such candidate;

(iii) the names of all persons, if any, who have
been proved at the trial to have been guilty
of any corrupt practice;

(iv) whether corrupt practices have, or whether
there is reason to believe that corrupt
practices have extensively prevailed at the
election to which the petition relates.

(h) The Judge may at the same time make a special sPcial
report to the Speaker or Deputy Speaker of the
House of Representatives or to the chairman or 6,1963
vice-chairman of the Parish Council or to the S . 2 ( * h ~
Mayor or Deputy Mayor of the Kingston and St. S. 12
Andrew Corporation, as the case may be, as to
any matter arising in the course of the trial, an
account of which in his judgment ought to be
submitted.

( i ) Where, upon the application of any party to a Swiduaa
petition under this Act, it appears to the Court
or to a Judge in Chambers that the case raised :!?&
by the petition can be conveniently stated as a
special case, the Court or Judge may direct the
same to be stated accordingly; and any such
special case shall, as far as may be, be heard
before the Court of Appal, and the decision of
the Court of Appeal shall be final; and the Court
of Appeal shall certify to the Speaker or Deputy

29/199?

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i4 ELECTION PETITIONS

Powerto

questions
of law.

reserve

Amat..
611963
s. 2 (sch.).

Speaker of the House of Representatives or to the
chairman or vice-chairman of the Parish Council
or to the Mayor or Deputy Mayor of the Kingston
and St. Andrew Corporation, as the case may
be, its determination in reference to such special
C W .

21. If it appear to the Judge on the trial of the said
petition that any question or questions of law, as to the
admissibility of evidence or otherwise, require further
consideration by the Court of Appeal then it shall be
lawful for the said Judge to postpone the granting of the
said certificate until the determination of such question
or questions by the Court, and for this purpose to reserve
any such question or questions in like manner as such
questions are generally reserved by a Judge at nisi prius.

2 2 . 4 1 ) An appeal shall lie from the determination by
a Judge of the Supreme Court on a petition under section
20 to the Court of Appeal whose decision shall be final and
conclusive to all intents and purposes.

(2) So much of the provisions of this Act, and with
such modifications, as may be prescribed by rules of court
shall have effect in relation to an appeal under this section,
and to the appellant and respondent in such appeal as they
apply to a petition and to the petitioner and respondent
in respect of such petition.

Evidcnww 23. At the trial of an election petition, unless the
tocorrupt
v a c h a Judge otherwise directs, any charge of a corrupt practice
meivabh
beforeproof may be gone into, and evidence in relation thereto

received, before any proof has been given of agency on of agency.
the part of any candidate in respect of such corrupt
practice.

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ELECTION PETITIONS 15

Power# oi
24.-(1) On the trial of an election petition the Judge Court and

shall, subject to the provisions of this Act and to any promdu=.
directions given by the Chief Justice, have all the powers,
jurisdiction and authority of a Judge of the Supreme
Court; and the Court held by him shall constitute a $/;:&,.
Court of the Supreme Court.

(2 ) Witnesses shall be subpoenaed and sworn in
the same manner (as nearly as circumstances will admit)
as in a trial of a civil action in the Supreme Court and shall
be subject to the same penalties for perjury.

(3) An election petition shall be deemed to be a
proceeding in the Supreme Court and, subject to the
provisions of this Act and to any directions given by the
Chief Justice, the provisions of the Judicature (Civil Pro-
cedure Code) Law and the rules of court shall, so far (1953Edm.

(4) Unless otherwise ordered by the Chief Justice
and subject to the provisions of this Act, all interlocutory
matters in connection with an election petition may be
dealt with and decided by any Judge of the Supreme
court.

Cap. 177

Omitted). as practicable, apply to election petitions.

25. The Judge shall be attended on the trial of an officnslo
attend election petition by the Clerk of the Circuit Court for the c,,uh

parish in the same way as if he were sitting as the Judge
of such Circuit, and by such other officers as usually
attend the last-mentioned Judge.

26. On the trial of an election petition the Judge may, Attendam
rind exam- by order under his hand, compel the attendance of any ination . of

person as a witness who appears to him to have been *-ca.
concerned in the election to which the petition refers, and
any person refusing to obey such order shall be guilty of
contempt of Court.

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16 ELECTION PETITIONS

The Judge may examine any witness so compelled to
attend, or any person in Court, although any such witness
is not called and examined by any party to the petition.

After the examination of a witness by the Judge, such
witness may be crossexamined by or on behalf of the
petitioner and respondent, or either of them.

cosh of
w i i m c t l k 27. 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 on
the trial of civil actions in the Circuit Court, may be
allowed to such person under the hand of the Judge; and
such expenses, if the witness was called and examined by
the Judge under the powers conferred by the preceding
clause, shall be paid in the same manner as the expenses
of witnesses summoned on behalf of the Crown to give
evidence on a criminal trial in the Circuit Court, and in
other cases shall be paid by the party who subpoenaed
such witness, and shall be deemed to form part of the
c a t s of such party.

Awnd.nd

cactk
28. All costs and charges and expenses of and incidental

to the presentation of a petition and to the proceedings
consequent thereon, with the exception of such costs,
charges and expenses, as are by this Act otherwise
provided for, shall be defrayed by the parties to the
petition in such manner and in such proportions as the
Court or Judge may determine, regard being had to the
disallowance of any costs, charges or expenses which may,
in the opinion of the Court or Judge, have been caused
by vexatious conduct, unfounded allegations or unfounded
objections, on the part either of the petitioner or the
respondent, and regard being had to the discouragement
of any needless expense by throwing the burden of
defraying the same on the parties by whom it has been

hxation of

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ELECTION PETITIONS

caused, whether such parties are or are not on the whole
successful. And the Court or Judge shall give judgment
for such costs in accordance with such determination as
aforesaid. Such costs shall be taxed by the proper officer
of the Supreme Court according to the same principles as
costs between solicitor and client are taxed in an equity
suit in the Supreme Court.

17

29. [Repealed by Act 29 of 1997.1

30. Where it is reported by a Judge under the R d w f
provisions of this Act, that at the trial of an election compt
petition any corrupt practice was proved to have been p$&Xb’
committed by, or with the knowledge and consent of, any znsentof
candidate at the election to which the petition relates,
not only shall the election of such candidate, if he has
been elected, be void, but he shall be incapable of being
elected to or of sitting in the House of Representatives
during the five years next after the date of the said repore
and he shall further be incapable during the said period
of five years-

(a) of being registered as an elector or voting at any
election of a member of the House of Rep--
tatives; and

(6) of holding any office under the Crown in this
Island, or any municipal office; and

(cl of holding any judicial office, and of being
appointed and of acting as a Justice of the Peace.

Where it is reported as aforesaid that any corrupt
practice was proved to have been committed by the agent
of any candidate at such election, but not with the
knowledge or consent of such candidate, not only shall
the election of such candidate be void, but he shall be
incapable of being elected or sitting in the House of

E p r b Qf

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18 ELECTION PETlTIONS

29j1997
S. 14 (a).

29!1997
S. 14 (bl.

411963 s. 2 (Ssh.1.

Representatives for the Constituency or in the Parish
Council of the parish for which the election was held
or in the Council of the Kingston and St. Andrew Corpora-
tion. during the House of Representatives or Parish Council
or the Council of the Kingston and St. Andrew Corporation,
as the case may be, then in existence:

Provided that in the event of an appeal any incapacity
under this section shall continue until the appeal is
determined and thereafter. unless the report is set aside,
remain in force for a period of five years from the
determination of the appeal except where the Court of
Appeal directs that the period of five years shall run from
the date of the report.

Employmat 31. Xf, on the trial of any election petition under this
aperson Act, any candidate is proved to have personally engaged
havebeen at the election to which such petition relates, as a
foundgujlty canvasser or agent for the management of the election, any of corrupt
practices: person, knowing that such person has within five years
of. previous to such engagement been found guilty of any
6/1963 corrupt practice by any competent legal tribunal, or been
S2(Sch.L reported guilty of any corrupt practice by the report of

the Judge upon an election petition under this Act, the
election of such candidate shall subject to appeal under
section 22 be void.

as agent of

known to

efIecl thcre-

where 32. Where a candidate, on the trial of an election
petition claiming the seat for any person, is proved to K;&:sto have been guilty, by himself or by any person on his behalf,

voters. of any corrupt practice in respect of any person who voted
~ C P U S U ~ at such election, it shall not be necessary on a scrutiny to

ascertain how such person voted, but there shall be struck
off, from the number of votes appearing to have been given
to such candidate, one vote for every person who voted at
such election and in respect of whom any such compt
practice is proved to have been committed as aforesaid.

corrupt

course 10

[The inclusiop of this page is authorized kY L.N. 144119991

ELECTION PETITIONS 19

33. If, at any time after any person has become disqualified ~ e t e r m i ~ -
by virtue of this Act, the witnesses, or any of them, on whose :::'::&,
testimony such person shall have so become disqualified, shall, if procured
upon the prosecution of such person, be convicted of pejury in bypejury.
respect of such testimony, it shall be lawful for such person to
move the Court to order, and the Court shall, upon being
satisfied that such disqualification was procured by means of
perjury, order, that such disqualification shall thenceforth cease
and determine, and the same shall cease and determine
accordingly.

34. No person who has voted at an election shall, in any ~~p~~
legal proceeding to question the election or return, be required to to be

required to
state for
whom he
voted.

state for whom he has voted.

PART I1 Voiding of Taking of a Poll 29/1997
S. 15.

35 .41 ) Where under section 37 (1) of the Kingston and St. Election
Andrew Corporation Act, section 15 (1) of the Parish Councils ~ ~ ~ i ~ t ~ ~ ,
Act and section 22 (1) of the Representation of the People Act, a
returning officer issues an election notice, the Chief Justice shall
appoint a panel of three Judges of the Supreme Court to
constitute a Court to be known as the Election Court.

(2) The Chief Justice may direct that the Election
Court sit in one or more division, each division being presided
over by a single Judge.

Powers of
Election
court.

36.--(1) The Election Court shall have the power-

(a) to hear applications by way of originating motion
from the Consthted Authority,

(The ~ticl~tstoti f t i i t s page IS atitlionzed b? L N 88!2003]

20 ELECTION PETITIONS

Graunds on
which con-
stituted
B Y
apply to
Eledion Court
fa the voiding
of the taking
of a poll.

(b) to declare in relation to such applications-

(i) that the taking of the poll is void; or

(ii) that the taking of the poll is not void.

(2) The Election Court may, in making a declaration
under subsection (1) (b) (i) make such declaration in respect
t o -

(a) a polling station, polling division or an electoral
division under the Kingston and St. Andrew Cor-
poration Act or the Parish Councils Act; or

(b) a polling station, polling division or a constituency
under the Representation of the People Act.

(3) The Election Court shall deliver its decision
within forty-eight hours of arguments being completed.

(4) The Election Court shall, within six months of
the date of the taking of a poll, determine all matters
brought before the Court relating to the poll.

37. The Constituted Authority may, subject to section 38,
apply to the Election Court for the voiding of the taking of a poll
on one or more of the following grounds-

(a) that the total number of votes cast in a constituency
or electoral division exceeds the number of electors
on the official list for that constituency or electoral
division;

(b) that ballot boxes have been stolen or destroyed or
have in any manner been tampered with and the
number of electors on the list of electors for the
polling stations is more than the difference in the
number of votes cast for the candidate declared
the winner and the candidate who is not declared
the winner;

[The inclusioii of this page is authorized by L N 88/2003]

EL.ECTI0N PETPIONS 21

(c) that a presiding officer has, under duress, signed
ballots and that the number of ballots so signed
is sufficient to cast doubt on the majority of votes
counted for the candidate declared elected;

(4 that votes have been polled by persons who are
not born fide electors thereby casting doubt on
the integrity of the votes counted for the candi-
date declared elected;

(e) that there is an upsurge in violence or any irregu-
larity during election day in one or more polling
stations or polling divisions or in any electoral
division or constituency which would lead to a
substantial distortion or subversion of the process
of free and fair election.

38 .41) Where under section 37 the Constituted Authority Timewithin
makes an application to the Election Court, the application shall
be made within twenty-eight days of the taking of the poll. tobemade.

Which

2912002
s. 4 (a).

(2) The hearing of an application under section 37 shall, 29/2002
S. 4.(b). so far as practicable, commence within sixty days after the

application is filed and shall be continued fiom day to day and
every lawful day until its conclusion.

(3) The Election Court may extend the period for the r:T;
filing of an application under subsection (1) where the Court is
of the opinion that, in the circumstances of the case, the period
ought to be extended, so, however, that the Court shall not
extend the period for more than three days after the period
specified in that subsection.

[The I I I C I U S I O ~ of this page I S aiithonzed by L N 88/2003]