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Citation
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Judgment date
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| May 2016 |
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A post‑declaration challenge under section 15 was misconceived; post‑declaration disputes must proceed under Sections 60–61 of the Parliamentary Elections Act.
Electoral law – jurisdiction of the Electoral Commission – Article 61(1)(f) and section 15 Electoral Commissions Act limited to complaints before and during polling – post‑declaration challenges must be brought under Sections 60–61 Parliamentary Elections Act; procedural compliance with appeal rules required; improperly introduced documentary evidence struck off record; correction of statutory citation to section 4(1)(c).
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30 May 2016 |
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27 May 2016 |
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An election petition filed before the results are published in the Gazette is premature and incompetent.
Parliamentary Elections Act s.60(3) – 30‑day filing period triggered by Gazette publication of results; competence of election petitions; premature filing nullity; judicial notice of Gazette under Evidence Act s.56(e); service requirements of election petitions.
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25 May 2016 |
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A party cannot be added to an election petition after the statutory 30‑day filing period has expired.
Election law – Amendment – Addition of parties under Order 1 r.10(2) – Necessity to enable complete adjudication; Limitation – Section 60(3) PEA – 30‑day filing period from Gazette – Statutory and not enlargable by court; PEEPR r.19 – Extension of time applies only to rules, not to parent Act; Procedural bar – cannot add party after statutory limitation; Distinction – necessary party versus witness.
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25 May 2016 |
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Court dismissed preliminary objections, exercised Rule 19 to permit service out of time, and ordered payment of fee deficiency.
Election law – preliminary objections – alleged mismatched petition not on record; procedural time limits for filing and service of election petitions (s.60(3) PEA; Rule 6(1) PEAEPR) – Court’s power to enlarge time under Rule 19 where special circumstances exist – remedy for insufficient court fees under s.97 Civil Procedure Act.
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24 May 2016 |
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An election petition lacking proper locus, required 500-voter support and valid affidavits is incompetent and was dismissed.
Election law — Parliamentary Elections Act s.60(2) — locus standi of candidate versus voter petitions; statutory form and 500-voter support requirement (Form EP, SI 141-3); validity and commissioning of affidavits; pleadings' certainty and amendments; competency of election petitions.
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18 May 2016 |
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Respondent's reversal of petitioner's nomination was void for disobeying a court order and breaching fair hearing rights.
Election law – nomination reversal – compliance with court orders – contempt – natural justice – right to fair hearing (Articles 28(1), 42, 44(c)) – nullity and set-aside.
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11 May 2016 |