First instance body dealing with electoral disputes

ANGUILLA CONSTITUTION ORDER (1982-04-01) (As of 2000-12-15)

Determination of questions as to membership of Assembly

41. (1) Any question whether a person has been validly appointed as anominated or a temporary member of the Assembly, or whether a nominated or atemporary member of the Assembly has vacated his seat therein or is required byvirtue of section 39 of this Constitution to cease to perform his functions asa member, shall be determined by the Governor acting in his discretion.

(2) Any question whether a person has been validlyelected as a member of the Assembly, or whether an elected member of theAssembly has vacated his seat therein or is required by virtue of section 39 ofthis Constitution to cease to perform his functions as a member, shall bedetermined by the High Court, whose decision shall be final and not subject toany appeal.

(3) (a) Anapplication to the HighCourt for the determination of any question whether a person has beenvalidly elected as a member of the Assembly may be made by—

(i) a personwho voted or had the right to vote at the election to which the applicationrelates;

(ii) a personclaiming to have had the right to be returned at such election;

(iii) a personalleging himself to have been a candidate at such election; or (iv) theAttorney-General.

(b) Anapplication to the High Court for the determination of any question whether anelected member of the Assembly has vacated his seat therein or is required byvirtue of section 39 of this Constitution to cease to perform his functions asa member may

be made by—

(i) any electedmember of the Assembly; or

(ii) theAttorney-General.

(c) If anyapplication referred to in paragraph (a) or (b) of this subsection is made by aperson other than the Attorney-General, the Attorney-General may intervene andmay then appear or be represented in the proceedings.

The Government of Anguilla,

http://www.gov.ai/dg/documents/Anguilla%20Constitution%20Order%201982.pdfas retrieved on 2013-12-14.

ELECTIONS ACT (2008-15-12) (As of 2008-12-15)

PART 5 ELECTIONPETITIONS

Questions as to validity of elections

63. (1) Section 41(2)of the Constitution of Anguilla applies to the determination of any question whethera person has been validly elected as a member of the Assembly.

 (2) An application under section 41(2) of theConstitution of Anguilla shall be by election petition in accordance with thisPart.

Presentation of election petition and security for costs

64. (1) The following provisions apply with respect to the presentation ofan election petition—

(a) except asprovided in paragraph (b), the petition shall be presented within 21 days afterthe return made by the Returning Officer of the member to whose election the petitionrelates;

(b) if apetition questions the return or election upon an allegation of corruptpractices and specifically alleges a payment of money or other reward to havebeen made by any member, or on his account, or with his privity, since the timeof the return in pursuance or in furtherance of such corrupt practices, thepetition may be presented within 28 days after the date of the payment or otherreward;

(c) at the timeof the presentation of the petition, or within 3 days afterwards, security for thepayment of all costs, charges and expenses that may become payable by the petitionerto—

(i) any personsummoned as a witness on his behalf,

(ii) the memberwhose election or return is complained of, or

(iii) any otherperson named as a respondent in the petition, shall be given on behalf of thepetitioner;

(d) thesecurity shall be to an amount of $1,200 and shall be given by recognizance tobe entered into by any number of sureties not exceeding 4 approved by theRegistrar of the High Court, or by deposit of money with the Registrar of theHigh Court, or partly in one way and partly in the other.

(2) Rules, notinconsistent with the provisions of this Act as to the deposit of security andthe practice and procedure for the service and hearing of election petitionsand matters incidental thereto, may be made by a Judge.

TheGovernment of Anguilla,

http://www.gov.ai/dg/documents/elections/electact.pdf